TERMS AND CONDITIONS OF THE CROSSOBAGS.COM ONLINE STORE
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES AT THE ONLINE STORE
3. CONDITIONS OF SALES CONTRACT CONCLUSION
4. METHODS AND TIME LIMITS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TIME LIMITS OF THE DELIVERY AND COLLECTION OF THE PRODUCT
6. CONSUMER COMPLAINTS
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. WITHDRAWAL FORM TEMPLATE
I GENERAL PROVISIONS
1. The Online Store available at the Internet address Crossobags.com is operated by the company under the business name Crosso Beata Gil-Sobocińska, entered into the Central Registration and Information on Business for the Republic of Poland maintained by the minister in charge of economy, with the following trading address and service address: ul. Siedzikówny 13, 15-130 Białystok, NIP [Tax Identification Number] 9660511869, REGON [Statistical Number] 050520456, e-mail address: [email protected], phone number: 512371403.
2. These Terms and Conditions are addressed both to consumers and entrepreneurs using the Online Store, unless a given provision hereof provides otherwise.
3. The controller of the personal data processed at the Online Store is the Seller.
Personal data is processed for the purposes, for the period, on the grounds and based on the principles indicated in the privacy policy published on the website of the Online Store.
4. Definitions:
WORKING DAY – one day from Monday to Friday excluding public holidays.
REGISTRATION FORM – a form available at the Online Store that allows for the creation of an Account.
ORDER FORM – an Electronic Service, an interactive form available at the Online Store, which enables placing an Order by adding Products to an electronic shopping cart and determining the conditions of the Sales Contract, including the method of delivery and payment.
CUSTOMER – (1) a Consumer as defined by the provisions of the Civil Code or (2) a legal person or (3) an organizational unit without legal personality which is granted legal capacity by virtue of the Act – that has concluded or intends to conclude a Sales Contract with the Seller.
CIVIL CODE – the Polish Civil Code of 23 April 1964
([Polish Journal of Laws] Dz.U. of 1964 no. 16, item 93, as amended).
ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service User, which stores data provided by the Service User and information about Orders placed by them at the Online Store.
NEWSLETTER – an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users who use it to automatically receive cyclical content from the Service Provider of successive editions of a newsletter containing information about Products, novelties and special offers at the Online Store.
PRODUCT – an item available at the Online Store, which is the subject of the Sales Contract between the Customer and the Seller.
PRODUCT PAGE – a web page within the Online Store on which the product is presented along with its specification, price, and terms of delivery.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE STORE – the Service Provider’s online store available at the following Internet address: Crossobags.com.
SELLER; SERVICE PROVIDER – the company under business name Crosso Beata Gil-Sobocińska, entered into the Central Registration and Information on Business for the Republic of Poland maintained by the minister in charge of economy, with the following trading address and service address: ul. Siedzikówny 13, 15-130 Białystok, NIP [Tax Identification Number] 9660511869, REGON [Statistical Number] 050520456, e-mail address: [email protected], phone number: 512371403.
SALES CONTRACT – a contract for the sale of the Product being concluded or already concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store, e.g.
Account, Order Form.
SERVICE USER – (1) a natural person with full capacity to perform legal transactions, and in cases provided for by generally applicable laws, also a natural person with limited capacity to perform legal transactions; (2) a legal person; or (3) an organizational unit without legal personality which is granted legal capacity by virtue of the Act – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights ([Polish Journal of Laws] Dz.U. of 2014, item 827, as amended).
ORDER – Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Contract with the Seller.
II ELECTRONIC SERVICES AT THE ONLINE STORE
1. The following Electronic Services are available at the Online Store: Account, Order Form and Newsletter.
2. Account – using the Account is possible after completing the following steps by the Service User – (1) filling in the Registration Form, (2) clicking the “Create an account” field. The Service User is required to provide the following details in the Registration Form: their first and last name and company name, address (street, house/apartment number, zip code, city, country), e-mail address, phone number and password. In the case of Service Users who are not consumers, it is also necessary to provide their company name and NIP number.
The Electronic Service – Account is provided free of charge for an indefinite period of time. The Service User may, at any time and without giving any reason, delete the Account (cancel the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: [email protected] or in writing to the following address: ul.
Siedzikówny 13, 15-130 Białystok.
3. Order Form – the use of the Order Form starts when the Customer adds the first Product to the electronic shopping cart at the Online Store. The Order is placed once the Customer completes two consecutive steps: (1) fills out the Order Form and (2) clicks the “Confirm purchase” field at the Online Store after filling in the Order Form – until this moment, it is possible for the Customer to modify the data entered by them (for this purpose, they should follow the instructions displayed and the information available on the site of the Online Store). The Customer is required to provide the following details in the Order Form: their first and last name and company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact phone number and data regarding the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide their company name and NIP number. The Electronic Service – Order Form is a one-off service provided free of charge that terminates at the time of placing an Order through the Order Form or at the time of earlier termination of placing an Order through the Order Form by the Customer.
4. Newsletter – the use of the Newsletter takes place after providing an e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newletter” tab on the website of the Online Store and clicking the “Subscribe” field. One can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account – upon creating the Account, the Customer is subscribed to the Newsletter.
The Electronic Service – Newsletter is provided free of charge for an indefinite period of time. The Service User may, at any time and without giving any reason, unsubscribe from the Newsletter (cancel the subscription to the Newsletter) by sending an appropriate request to the Service Provider, in particular through the newsletter subscription cancellation form available via the link in the newsletter, via e-mail to: [email protected] or in writing to the following address: ul. Siedzikówny 13, 15-130 Białystok.
5. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop, smartphone or other multimedia device with access to the Internet; (2) access to e‑mail; (3) up‑to‑date web browser, e.g. Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) enabling cookies in the web browser. The Service User is obliged to use the Online Store in a manner consistent with the law and good practice, taking into account respect for the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service User is obliged to enter data in accordance with the facts.
The Service User is prohibited from providing unlawful content.
6. Complaint procedure regarding the Electronic Services: the Service User may submit complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in section 6 of these Terms and Conditions), e.g., in an electronic form via e-mail to: [email protected] or in writing to the following address: ul. Siedzikówny 13, 15-130 Białystok;
It is recommended that the Service User provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the failure; (2) the Service User’s request; and (3) the contact details of the person submitting the complaint – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements set forth in the preceding sentence constitute a recommendation only and will not affect the effectiveness of complaints submitted without the recommended description. The Service Provider shall respond to the complaint with no undue delay, no later than within 14 calendar days of the date of its submission.
III CONDITIONS OF SALES CONTRACT CONCLUSION
1. A Sales Contract is concluded by and between the Customer and the Seller upon submitting an Order by the Customer using the Order Form at the Online Store.
2. The price of the Product shown on the website of the Online Store is in Polish zloty or in another currency chosen by the Customer from the list of available currencies and includes taxes. The Customer is informed about the total price with taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, shipping and postal services) and other costs on the Online Store’s website when placing the Order and at the moment of expressing by the Customer their will to be bound by the Sales Contract.
3. Procedure for conclusion of the Sales Contract at the Online Store by means of the Order Form
a) A Sales Contract between the Customer and the Seller is concluded upon the placing of an order by the Customer at the Online Store.
b) After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution.
The Seller confirms the receipt of the Order and accepts it for execution by sending an appropriate e-mail to the Client’s e-mail address provided by the Client during the placement of the Order. Such an e‑mail shall contain at least the notification of receipt of the Order by the Seller and its acceptance for execution and confirmation of the conclusion of the Sales Contract.
Upon receipt of the above e‑mail by the Customer, a Sales Contract is concluded between the Customer and the Seller.
c) The content of the concluded Sales Contract is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store’s website and (2) sending the e-mail to the Customer.
The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Store.
d) The Sales Contract will be documented by a VAT invoice which will be delivered to the Customer by e‑mail to the specified e‑mail address and will be available on their Account at the Online Store.
IV METHODS AND TIME LIMITS OF THE PAYMENT FOR
THE PRODUCT
1. The Seller provides the Customer with the following methods of payment arising out of the Sales Contract:
a) Payment by cash or credit card on delivery to an employee of the shipping company at the time of collection of the consignment.
b) Payment in cash or by card upon personal collection.
c) Payment by bank transfer to the Seller’s bank account.
d) Electronic and credit card payments via Montonio and PayPal (for selected transactions).
e) Electronic and credit card payment transactions are settled according to the choice of the Customer via Montonio and Pay Pal services (for selected payments).
Electronic payments and credit card payments using: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro are processed by:
- – Montonio Finance UAB, registration number305205122, adress: Konstitucijos pr. 7, Vilnius, Lithuania
– PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulavard Royal, L-2449 Luxembourg, commercial registration number: R.C.S. Luxembourg B 118 349
2. Payment date:
a) If the Customer chooses to pay by bank transfer, the Customer is obliged to make the payment within 7 calendar days of the date of conclusion of the Sales Contract.
If the order is not paid for, it will be canceled.
b) If the Customer chooses to pay via electronic channels provided by Montonio and PayPal, the order is treated as an order with an obligation to pay. In the case of problems with making an immediate payment, another attempt should be made.
Unpaid orders with an obligation to pay will be canceled.
c) If the Customer chooses cash on delivery, the Customer is obliged to make payment upon receipt of the consignment.
d) If the Customer chooses payment upon personal collection, the Customer is obliged to make payment using cash or card while collecting the consignment.
V COST, METHODS AND TIME LIMITS OF THE DELIVERY AND COLLECTION OF THE PRODUCT
1. Delivery of the Product is available within the territory of the Republic of Poland and to the countries listed in the Order Form.
2. Delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise.
The costs of delivery of the Product (including transport, shipping and postal charges) are indicated to the Customer when placing the Order and at the moment of expressing by the Customer their will to be bound by the Sales Contract.
3. Personal collection of the Product by the Customer is free of charge.
4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
a) Postal delivery, courier delivery, courier delivery with cash on arrival,
delivery to a collection point, delivery to a collection point with cash on arrival,
b) Personal collection available by appointment at the following address: ul.
Siedzikówny 13, 15-130 Białystok – on Working Days, from 7:00 a.m. to 3:30 p.m.
5. Period of delivery of the Product to the Customer.
Unless otherwise specified on the Product Page, preparation of the product for handing it over to the shipping company employee takes place on the next Business Day following the day the order is placed.
The delivery of the Product to the Customer within the territory of the Republic of Poland through transport companies takes one Working Day. Details of delivery conditions are specified in the regulations of transport companies.
In the case of Products with different delivery dates, the longest period provided shall be the applicable one.
The start date of the period for delivery of the Product to the Customer is calculated as follows:
a) If the Customer chooses to pay by bank transfer, electronic payment or payment card, the start date is the date of crediting the Seller’s bank account.
b) If the Customer chooses to pay by bank transfer, electronic payment or payment card, the start date is the date of crediting the Seller’s current account.
c) If the Customer chooses to pay on delivery, the start date is the date of conclusion of the Sales Contract.
d) If the Customer chooses to pay in cash upon personal collection, the start date is the date of conclusion of the Sales Contract.
In this case, the Seller will inform the Customer using the contact details provided by the Customer (e‑mail address, telephone number) that the order is ready for collection.
Personal collection will take place at the Seller’s office.
VI CONSUMER COMPLAINTS
1. The basis and scope of the Seller’s liability towards the Customer in the case of a physical or legal defect of the Product (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
The statutory warranty period is 24 months.
2. The Seller is obliged to deliver to the Customer a Product that is free from defects.
3. A complaint may be submitted by the Customer, for example:
a) in writing to the following address: ul. Siedzikówny 13, 15-130 Białystok;
b) in electronic form via e-mail to: [email protected].
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) a request for a method of ensuring the Product’s compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract and (3) the contact details of the person submitting the complaint – this will facilitate and expedite the processing of the complaint by the Seller.
The requirements set forth in the preceding sentence constitute a recommendation only and will not affect the effectiveness of complaints submitted without the recommended description.
5. The Seller shall respond to the Customer’s complaint with no undue delay, no later than within 14 calendar days of its submission.
If a Customer who is a consumer, while exercising their rights under the warranty, requested replacement of an item or removal of defects or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, such a request shall be deemed justified.
6. The Customer who exercises their rights under the warranty is obliged to deliver the defective Product to the following address: ul.
Siedzikówny 13, 15-130 Białystok.
In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller.
VII OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, e-mail: [email protected] or address for correspondence: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among others, to provide consumers with assistance in matters concerning out-of-court settlement of consumer disputes.
3. The Consumer may use, among others, the following out-of-court complaint and redress procedures: (1) referring a dispute for settlement to the Permanent Consumer Arbitration Court (for more information, visit: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to the Regional Inspector of Inspekcja Handlowa [Trading Standards Authority] (for more information, visit the website of the inspector competent for the place of business of the Seller) and (3) the assistance of the county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (such as Federacja Konsumentów [Consumer Federation], Stowarzyszenie Konsumentów Polskich [Polish Consumer Association]). The advice is provided, among others, by e-mail at [email protected] and at the consumer helpline number 801 440 220 (active on Working Days, from 8:00 a.m. to 6:00 p.m., call charge as per phone provider’s tariff).
4. A platform for online resolution of disputes between consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a comprehensive service center for consumers and businesses seeking out-of-court dispute resolution regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
VIII RIGHT OF WITHDRAWAL
1. A consumer who has entered into a contract remotely may withdraw from it within 30 calendar days without giving any reason.
Sending an appropriate statement before the lapse of this period is sufficient to meet the deadline. A statement of withdrawal can be made, for example:
a) in writing to the following address: ul.Siedzikówny 13, 15-130 Białystok;
b) in electronic form via e-mail to: [email protected].
2. A sample withdrawal form is included in Appendix no. 2 to the Polish Consumer Rights Act and is additionally available in section 11 of these Terms and Conditions. The consumer may use the sample form, but it is not mandatory.
3. The withdrawal period shall begin on the date of receipt of the ordered Item(s).
4. The Seller is obliged to return to the consumer the payments made by them for the Product, and in some cases also the delivery costs immediately, no later than within 14 calendar days of the date of receipt of the consumer’s statement of withdrawal from the contract.
Delivery costs will be refunded provided that the cost of the cheapest form of delivery available in the Online Store does not exceed the value of all the products ordered and returned by the consumer.
The Seller shall make a refund using the same method of payment the consumer used, unless the consumer has expressly agreed to a different method of refund that does not involve any costs to the consumer.
The Seller shall withhold the reimbursement of payments received from the consumer until it receives the Product back.
5. The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days of the date of withdrawal.
Sending the Product before the lapse of this period is sufficient to meet the deadline. The consumer may return the Product to the following address: ul. Siedzikówny 13, 15-130 Białystok.
6. The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product that goes beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
7. Possible costs associated with the consumer’s withdrawal from the contract that shall be borne by the consumer:
8. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
9. The consumer is responsible for the direct costs of returning the Product.
10. The provisions of these Terms and Conditions regarding the consumer shall apply from 1 January 2021.
In the case of contracts concluded on and after that date, they also apply to the Service User or Customer who is a natural person concluding a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for that person, which is based in particular on the object of their economic activity made available on the basis of the provisions on the Central Registration and Information on Business.
IX PROVISIONS CONCERNING ENTREPRENEURS
1. The Online Store does not offer wholesale.
2. An entrepreneur entering into a contract directly related to their business shall be bound by the provisions of these Terms and Conditions as a consumer. The Seller and the Customer who is an entrepreneur, regardless of the nature of their business, are bound by the provisions of the Sales Contract as defined in these Terms and Conditions.
X FINAL PROVISIONS
1. Contracts concluded through the Online Store are concluded in Polish or in other available language versions.
2. Changes to these Terms and Conditions. The Service Provider reserves the right to make changes to these Terms and Conditions.
a) In the case of conclusion of continuous contracts on the basis of these Terms and Conditions (e.g., provision of Electronic Services – Account), the amended Terms and Conditions bind the Service User, if the requirements specified in Articles
384 and 384[1] of the Civil Code were met, i.e. the Service User has been properly notified of the changes and has not terminated the contract within 15 calendar days of the date of the notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service User has the right to withdraw from the contract.
b) In the case of conclusion of contracts other than continuous contracts on the basis of these Terms and Conditions (e.g., Sales Contract), the amendments to the Terms and Conditions shall not in any way affect the rights acquired by Service Users / Customers prior to the date of entry into force of the amendments to these Terms and Conditions. In particular, the amendments to the Terms and Conditions shall not affect Orders already placed or being placed and concluded, performed or executed Sales Contracts.
3. In matters not regulated herein, the generally applicable provisions of Polish law shall apply, in particular: the Polish Civil Code, the Act on Rendering Electronic Services of 18 July 2002 ([Polish Journal of Laws] Dz.U. of 2002 no. 144, item 1204, as amended), the Consumer Rights Act, and other applicable provisions of law.
XI WITHDRAWAL FORM TEMPLATE
Download withdrawal form
Fill this form and send it back (only if return wanted) to the address:
CROSSO
15-130 Bialystok
Siedzikowny 13 Street
Poland
