Terms of use

The following terms of use provide regulations of the e-store www.cherryontop.com.pl and www.cot.com.pl (Shop) and the provisions of entering into Sales Contracts in Poland.

 

The Owner and Administrator of the Shop is COT Spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Tuszyn, 3 Maja 86, 95-080, NIP No: 7282804829, REGON No: 363056002, info@cherryontop.com.pl, hereinafter referred to as Seller.

 § 1

Client can be a natural person, who has attained 13 years of age (in case of persons under the age of 18 the consent of statutory representative is required) and a legal person.

 § 2

Client does not have to register to place an Order. 

§ 3

Information submitted by the Client  upon placing an Order without Registration shall be truthful and up to date. In case of giving false, outdated or ambiguous information Seller shall try and contact the Client to confirm or enter additional data. In case when contact with Client is deemed impossible Seller restricts the right to reject the Order.

 § 4

To register and/or to place an Order Client confirms that he read, understood and agreed to Terms of Use. Client is obliged to observe the Terms of Use.

§ 5

Shop sells products by means of Internet. All products offered are brand new, free of physical and legal defects are were legally introduced to polish market. The photos presented on the website do not represent the real size of the products and the colors may differ from reality due to different color monitor calibration and profile on user’s computer.

 § 6

Information regarding wares included on the Shop’s website (including prices) shall not constitute the Seller’s offer pursuant to the Civil Code, paragraph 66, but are only an invitation for the Customer to submit offers for conclusion of the Contract of Sale pursuant to the Civil Code, paragraph 71.

 § 7

The Customer may place orders on a 24-hour/7-days-a-week basis. Orders are being processed on business days (in case of orders placed on Saturday, Sunday or national holiday, they are being processed starting from the first business day).

§ 8

Shop fulfills orders from all around the world.

 § 9

After placing the order Client receives an email with order placement confirmation which constitutes the Sales Agreement between Client and Seller.

 § 10

In case of failure to fulfill whole or a part of the Order Client is informed about the order status and decides how the Shop shall proceed with the order in question. Client has two options (in accordance with the data submitted upon registration):

-get a partially fulfilled order- Client decides whether the order shall be fulfilled with the products available at the moment;

-cancel order in its entirety;

In case when even though the Seller tried on multiple occasions to contact the Client without success he reserves the right to cancel the order.

§ 11

Time to fulfil the order takes up to 2 business days, from the moment of receiving the payment on our bank account. This period is prolonged to 5 business days when the Client chooses the customized option. The fulfilled order is transferred to the courier company, who guarantees that the package shall be delivered on the next business day; or Polish Post (Poczta Polska), which shall deliver the package within 1-2 business days, though it is not guaranteed.

 § 12

All prices  include VAT.

§ 13

Price given with the product is binding at the time of placing Order by Client.

 § 14

Information regarding the full value of Order including shipping costs is given after selecting the preferred shipment option by Client.

§ 15

Seller reserve the right to change prices of products in shop’s offer, adding new products, conducting and discontinuing special deals on Shop’s websites and changing its content at his discretion. The abovementioned shall not have influence on orders placed before the price change, special deal or sale regulations that shall be processed pursuant to current terms of use.

§ 16

Special deals and offers in the store are not accumulated unless provisions state otherwise.

§ 17

Payments can be made by internet bank transfer or by COD (cash on delivery) or with following cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro and any other credit cards supported by PayPal system. In case when within 7 days from the day of placing Order the payment is not made through the bank transfer, Seller reserves the right to cancel the Order.

§ 18

On Client’s request a VAT Invoice can be attached to the Order (if the Client submits required data to issue such an invoice).

§ 19

Seller is liable for the inconsistencies of the bought goods in the Shop with the Sales Contract pursuant to Consumer Protection Act from 30 May 2014 (Journal of Laws from 2014, item 827). Complaint can be made within 30 business days from the date of receipt of ordered goods.

§ 20

Client has a right to rescind contract without giving reasons within 14 business days from the day of receiving the Product pursuant to Consumer Protection Act from 30 May 2014 (Journal of Laws 2014, item 827). Time limit for rescission of Contract lapses within 14 days from the day on which Client came into possession of goods, or from the day on which the third party(indicated by the Client) other than courier came into possession of goods.

If client wishes to rescind the contract he shall inform the Seller about his decision to rescind such a Contract in unambiguous manner by email sent on returns@cherryontop.com.pl. By rescinding the Contract Client is obliged to return the goods undamaged and unused at his cost and expense with all tags, promotional materials and invoice (if applicable) and filled in Return Form. The Return Form may be downloaded here. It shall be printed and attached to the return package.

§ 21

In case of rescission of the Contract of Sale, the Contract shall be treated as if it had never been concluded. The Shop shall immediately return to the Customer all payments made by the Customer, including the costs of delivery of the Product to the Customer (if the Customer exercising the right of rescission selects the method of the Delivery of the Product other than the cheapest ordinary Delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Customer the additional costs incurred by the Customer) in all cases no later than within 14 days from the date of being informed of the rescission of the Contract of Sale by the Client.

§ 22

The right to rescind the Contract of Sale is not vested in the Customer being a Consumer as regards contracts:

1. in case of services if the Seller fulfilled the service in its entirety with Consumer’s clear consent, and the Customer was informed before the commencement of such services that the he shall lose right to rescind contract after such services being rendered;

2. in case when the price or remuneration depends on the financial market variables, of which the Seller has no control and which can happen before the lapse of term for rescission from contract;

3. in case when the Product is a non-prefabricated good made to the Consumer’s specifications or serving to satisfy the Consumer's individualized needs.

§ 23

The Product which is made for the Client on his request and is customized to his individual size is deemed a non-prefabricated good made to the Consumer’s specifications or serving to satisfy the Consumer's individualized needs and cannot be returned or exchanged.

 

§ 24

Neither reimbursement nor exchange is possible in case if the product returned by the Client is damaged, incomplete, without evidence of having been used, or if Client did not attach the invoice (if applicable), tags or original packaging.

§ 25

In case of complaint Seller shall express his opinion on the complaint regarding the Product and shall inform the Client about the decision regarding the complaint within 14 business days.

§ 26

If the Shop recognizes the complaint the Customer shall incur the direct costs of returning the Product to the Shop.

§ 27

Returns shall be sent to the following address:

COT sp. z o.o.

3 Maja 86

95-080 Tuszyn

§ 28

The administrator of personal data is the Seller.

§ 29

Personal data are processed and protected pursuant to the Data protection Act from 29 August 1997 (Journal of Laws No. 101 from 2002, item 926, as amended) secured against unauthorized access by third party.

§ 30

Client’s personal data is kept and stored with duty of care and protected accordingly from unauthorized third party.

§ 31

With accordance to Act from paragraph No. 2 mentioned above Shop’s Clients have a right to modify, delete and access to their personal data.

§ 32

Seller is neither liable for blocking emails sent to the email address provided by the Client servers by the administrators of those servers nor for deleting and blocking e-mails by the software installed on Client’s computer.

 § 33

Seller is not liable for transactions made by unauthorized third party who gained access to Client’s account if the Client did not take necessary precautions while using his account login and password.

§ 34

Current Terms of Use are published on Shop’s website. In case of Terms of Use being amended the Orders placed prior to the amended Terms of Use coming into force shall be processed in accordance to the Terms of Use previously in force.

§ 35

In instances not regulated by this agreement polish legal system regulations especially Polish Civil Code provisions and regulations of Act on specific terms and conditions of consumer sale and amendments to the Civil Code (Journal of Laws No. 141 from 2002 item 1176) and Act on protection of certain consumer rights and liability for damage caused by dangerous products (Journal of Laws No. 22 from 2000 item 271) apply accordingly.

§ 36

Disputes between Seller and Buyer who is the consumer shall be resolved by the court of general jurisdiction with its jurisdiction governed by the Civil Code provisions.

Cookies

 

Herein stated cookie policy relates to all websites and apps for mobile devices being the property of COT sp. z o.o. (limited liability company).

 

By using websites and apps you hereby consent to use cookies in accordance to this policy. If you do not agree to use our cookies you should change your browser’s settings accordingly or resign from using our website and apps.

What are cookies?

Cookies are small amounts of data on your computer, tablet or smartphone when you visit various websites. Usually a cookie includes name of the website from which its „life span” originates (time its exists) and randomly generated unique number to identify the browser which is used to use the website.

How we use cookies

COT sp. z o.o.(limited liability company) uses cookies for different purposes: for the website and apps to work faster and to make them more user friendly; to customize content and adverts better to your expectations an interests and to gather anonymous, aggregated statistics, which help in improving the functionality and website and app content. By using cookies i nan above mentioned way we never identify user’s identity based on the information in stored cookies.



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