Terms and Conditions

Terms and Conditions of the Online Store

colibra.eu

specifying, among other things, the rules for concluding sales contracts through the Store, containing essential information about the Seller, the Store, and the rights of the Consumer.

 

Provisions Regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

 

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right to Withdraw from the Contract
§ 8 Exceptions to the Right of Withdrawal from the Contract
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Appendix No. 1: Template for the Withdrawal from the Contract Form

  • 1 DEFINITIONS

Working Days – days from Monday to Friday, excluding public holidays.
Consumer – a consumer within the meaning of the Civil Code regulations.
Account – a free function of the Store regulated by a separate set of rules (service provided electronically) that allows the Buyer to create their individual account in the Store.
Buyer – any entity purchasing in the Store.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – a natural person concluding a contract with the Seller directly related to their business activity, but not having a professional character (the definition applies to contracts concluded from January 1, 2021).
Regulations – these regulations.
Store – the online store Colibra - earrings, necklaces, rings, pendants, bracelets run by the Seller at https://colibra.eu.
Seller – COLIBRA POLSKA Sp. z o.o. with its registered office at ul. ks. Biskupa Wincentego Tymienieckiego 25c/221, 90-350 Łódź, registered in the National Court Register - the entrepreneurs' register by the DISTRICT COURT FOR ŁÓDŹ-ŚRÓDMIEŚCIE IN ŁÓDŹ, XX ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0000895650, NIP 5223201287, REGON number 38874477700000.

  • 2 CONTACT WITH THE SELLER
  1. Mailing address: ul. ks. Biskupa Wincentego Tymienieckiego 25c/221, 90-350 Łódź
  2. Email address: sklep@colibra.eu
  3. Phone: +48 22 798 97 45
  • 3 TECHNICAL REQUIREMENTS
  1. For the proper functioning of the Store, the following is required:
    • device with Internet access
    • web browser supporting JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in section 1, an active email account is necessary.
  • 4 PURCHASES IN THE STORE
  1. The prices of goods visible in the Store are total prices for the goods.
  2. The Seller points out that the total price of the order consists of the indicated prices in the Store: the price for the goods and, if applicable, the delivery costs of the goods.
  3. The selected goods for purchase must be added to the shopping cart in the Store.
  4. Then the Buyer selects from the available options in the Store: the method of delivering the goods and the payment method for the order, and provides the necessary data to fulfill the placed order.
  5. The order is placed at the moment of confirming its content and accepting the Regulations by the Buyer.
  6. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
  7. The Seller will provide the Privileged Buyer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.
  8. The Buyer can register in the Store, i.e., create an Account, or make purchases without registration by providing their data for each possible order.
  • 5 PAYMENTS
  1. For the placed order, payment can be made, depending on the Buyer's choice:
    1. by regular transfer to the Seller's bank account;
    2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. through the payment platform:
      • Shoper Payments
      • Przelewy24
    4. by cash on delivery, i.e., by card or cash at the time of delivery of the goods to the Buyer;
    5. by card or cash at the time of personal collection of the goods.
  2. If the Buyer selects payment through the Shoper Payments platform, the entity providing online payment services is Blue Media S.A.
  3. If the Buyer chooses prepayment, payment for the order must be made within 3 Working Days from the order placement.
  4. The Seller informs that for some payment methods, due to their specificity, payment for the order using this method is possible only immediately after placing the order.
  5. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.
  • 6 ORDER FULFILLMENT
  1. The Seller is obliged to deliver the goods without defects.
  2. The order fulfillment period is indicated in the Store.
  3. If the Buyer chose prepayment for the order, the Seller will proceed with the order fulfillment after it has been paid.
  4. If the Buyer purchased goods with different fulfillment periods within one order, the order will be fulfilled at the appropriate time for the goods with the longest fulfillment period.
  5. Countries where delivery is carried out:
    • Poland
    • United Kingdom
    • European Union
  6. The goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
    1. Through a courier company
    2. Through Polish Post
    3. To InPost parcel lockers
  1. The Buyer can collect the goods personally at the company's headquarters during its opening hours.
  2. If the Buyer chooses personal collection, the goods will be ready for collection within the specified order fulfillment period, and if the Seller indicated a shipment date for the goods – at that time.
  • 7 RIGHT TO WITHDRAW FROM THE CONTRACT
  1. The Privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline for withdrawing from the contract expires after 14 days from the day:
    1. on which the Privileged Buyer took possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of that goods;
    2. on which the Privileged Buyer took possession of the last item or on which a third party, other than the carrier and indicated by the Privileged Buyer, took possession of the last item in the case of a contract obliging to transfer ownership of many items that are delivered separately.
  3. To exercise the right of withdrawal from the contract, the Privileged Buyer must inform the Seller using the data provided in § 2 of the Regulations, about their decision to withdraw from the contract by a clear statement (for example, a letter sent by mail or information sent by email).
  4. The Privileged Buyer may use the template for the withdrawal from the contract form included at the end of the Regulations, but it is not obligatory.
  5. To meet the deadline for withdrawal from the contract, it is sufficient that the Privileged Buyer sends information regarding the exercise of their right to withdraw from the contract before the deadline for withdrawal from the contract.

    CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
  6. In the event of withdrawal from the concluded contract, the Seller will refund the Privileged Buyer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the chosen delivery method by the Privileged Buyer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal from the contract.
  7. The refund will be made using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to another solution; in any case, the Privileged Buyer will not incur any costs in connection with this refund.
  8. The Seller may withhold the refund until the receipt of the goods or until the Seller is provided with proof of their return, depending on which event occurs first.
  9. The Seller requests the return of the goods to the address: ul. Świerkowa 14, 05-800 Pruszków immediately, and in any case no later than 14 days from the day the Privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends the goods back before the expiration of the 14-day period.
  10. The Privileged Buyer bears the direct costs of returning the goods.
  11. The Privileged Buyer is only liable for the reduction in the value of the goods resulting from using them in a manner other than that which was necessary to ascertain the nature, characteristics, and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned by regular mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be communicated to the Buyer by the Seller in the product description in the Store or during the order placement.
  13. In the event of the need to refund the transaction made by the Privileged Buyer by payment card, the Seller will refund to the bank account assigned to that payment card.
  • 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
  1. The right of withdrawal from the distance contract referred to in § 7 of the Regulations does not apply to the contract:
    1. for which the subject of the service is a non-prefabricated item made according to the specification of the Privileged Buyer or serving to satisfy their individualized needs;
    2. for which the subject of the service is an item susceptible to rapid spoilage or having a short shelf life;
    3. for which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
    4. for which the subject of the service is items that, after delivery, due to their nature, become inseparably connected with other items;
    5. for which the subject of the service is sound or visual recordings or computer programs supplied in a sealed package if the package has been opened after delivery;
    6. for the delivery of newspapers, periodicals, or magazines, except for a subscription contract;
    7. for which the price or remuneration depends on fluctuations in the financial market beyond the Seller's control, and which may occur before the withdrawal period expires.
  • 9 COMPLAINTS
  1. In the event of a defect in the goods, the Buyer has the option to complain about the defective goods based on the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
  2. Using the warranty, the Buyer may, under the principles specified in the Civil Code:
    1. submit a statement of price reduction,
    2. in the case of a significant defect - submit a statement of withdrawal from the contract,
    3. request the replacement of the item with one free from defects,
    4. request the removal of the defect.
  3. The Seller is liable under the warranty if the physical defect is determined within two years from the day the goods are handed over to the Buyer - under the principles specified in the Civil Code.
  4. According to the Civil Code, the Buyer who is an entrepreneur other than a Privileged Entrepreneur loses the rights under the warranty if they do not examine the goods in time and in the manner accepted for goods of this type and do not promptly inform the Seller of the defect, and in the event that the defect is discovered later - if they do not inform the Seller promptly after discovering it.
  5. The Seller requests that complaints based on the warranty be submitted to the mailing or electronic address indicated in § 2 of the Regulations.
  6. If it turns out that the return of the defective goods to the Seller is necessary for the consideration of the complaint, the Buyer is obliged to deliver this goods, in the case of the Privileged Buyer - at the Seller's expense, to the address ul. Świerkowa 14, 05-800 Pruszków.
  7. If a guarantee has been additionally granted for the goods, information about it, as well as its conditions, is available in the product description in the Store.
  8. Complaints regarding the operation of the Store should be directed to the email address indicated in § 2 of the Regulations.
  9. The Seller will consider the complaint within 14 days.

    OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS
  10. If the complaint procedure does not bring the expected result for the Consumer, the Consumer may use, among others:
    1. mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. In principle, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. the assistance of the competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. In principle, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance from the municipal or county Consumer Ombudsman;
    4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
  • 10 PERSONAL DATA
  1. The administrator of personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and bases for data processing, as well as recipients of data – can be found in the Privacy Policy available in the Store – due to the principle of transparency contained in the General Regulation of the European Parliament and Council (EU) on the protection of data – “GDPR”.
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the fulfillment of orders. The basis for processing personal data in this case is:
    • a contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) GDPR),
    • a legal obligation incumbent on the Seller related to accounting (Article 6(1)(c)), and
    • the legitimate interest of the Seller, consisting of processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6(1)(f) GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary for the conclusion of the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the contract between the Buyer and the Seller ceases to be valid;
    2. the legal obligation binding on the Seller to process the Buyer's data ceases;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store ceases;
    4. the Buyer's objection to the processing of their personal data is accepted – in the case where the basis for data processing was the legitimate interest of the Seller.

– depending on what applies in a given case and which occurs last.

  1. The Buyer has the right to request:
    1. access to their personal data,
    2. its rectification,
    3. deletion,
    4. restriction of processing,
    5. data transfer to another administrator
      as well as the right to:
    6. object at any time to the processing of data for reasons related to the Buyer's particular situation – against the processing of their personal data based on Article 6(1)(f) GDPR (i.e., based on the legitimate interests pursued by the administrator).
  2. To exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  3. If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office.
  • 11 RESERVATIONS
  1. It is prohibited for the Buyer to provide unlawful content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded for the duration and purpose of fulfilling the order.
  3. Contracts concluded under these Regulations are concluded in Polish.
  4. In the event of a dispute with a Buyer who is not a Privileged Buyer, the competent court will be the court competent for the Seller's registered office.
  • 12. Additional services provided electronically
  1. Reviews of products published on the Store's website have been verified.
    1. Reviews are collected by the Seller using the Getreview application, which meets all the requirements of the “Omnibus” directive.
    2. The Buyer has the option to voluntarily and free of charge submit a review regarding purchases made in the Online Store. The subject of the review may also be an assessment, a photo, or a review of the purchased product in the Online Store.
    3. After making purchases in the Online Store, the Seller sends the Customer an email asking for a review and a link to an online form allowing it to be submitted.
    4. A review can only be submitted by a Customer who made purchases in the Seller's Online Store.
    5. The Customer should formulate their reviews in a manner reflecting the actual assessment of the given Product, especially indicating its advantages or disadvantages. Reviews should only concern Products actually purchased in the Online Store. The Customer is responsible for the content of the review.
    6. The reviews submitted by the Customer are published by the Seller in the Online Store and are available to all visitors to the Online Store.
    7. A submitted review can be removed at any time by its author.
    8. Withdrawal from the review posting service is possible at any time and consists of the failure to use the possibility of posting content by the Customer in the Online Store.



Appendix No. 1 to the Regulations

Below is a template for the withdrawal from the contract form, which the Consumer or Privileged Entrepreneur may, but does not have to, use:

TEMPLATE FOR THE WITHDRAWAL FROM THE CONTRACT FORM
(this form should be filled out and sent only in case of the intention to withdraw from the contract)

COLIBRA POLSKA Sp. z o.o.
ul. ks. Biskupa Wincentego Tymienieckiego 25c/221, 90-350 Łódź
email address: sklep@colibra.eu

- I/We(*) ..................................................................... hereby inform that I/we(*) withdraw from the sales contract for the following items(*) / regarding the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of contract conclusion(*)/receipt(*)

..............................................................................................................................................................................

- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

- Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

 

 

 

 

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