ONLINE STORE TERMS AND CONDITIONS

being the Terms and Conditions for the provision of services electronically

§1.

General Provisions

  1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) set forth the rules for concluding and performing contracts for the provision of services electronically, and contracts of sale in an online store, as well as the rights and obligations of the parties to these contracts.
    1. The online store kookohome.com(hereinafter referred to as the “Store” or “Website”), referred to in §1. par. 1. above, is available to all persons (hereinafter referred to as the “Users”) at: https://kookohome.com
    1. Łódź (address: ul. Łąkowa 7a/E, 90-562 Łódź, Poland), National Business Registry Number (REGON): 367958776 and Tax Identification Number (NIP): 7292718480, is the Store’s owner (hereinafter referred to as the “Seller).
  • Contact details of the Seller enabling effective communication for the Users:
    • phone: +48 662 151 499 (from 9:00 to 17:00, with the exception of public holidays, from mondayto friday),
    • e-mail address for submitting complaints: sav@besolux.com,
  • Contracts for the provision of services electronically and sale contracts are concluded with the Seller through the Store.
    • The Seller’s core business consists in sale of furniture and decorative accessories as well as other products presented on the Website (hereinafter referred to as the “Products”).
    • The Seller communicates with the Users through the website
      referred to in §1 par. 2 above, as well as by phone, post and e-mail.
    • The Store allows for the following:
      • creating a user account (hereinafter referred to as the “Account”) and managing it, i.e. introducing changes and modifications of data, as well as accessing the order archive,
      • obtaining information about the Products that can be purchased through the Store,
      • placing orders by persons using the Store (then referred to as the “Buyers” or “Customers”),
      • subscribing to the newsletter (hereinafter referred to as the “Newsletter”) – receiving information about new products and special offers in the Store by e-mail,
      • browsing the website in a version tailored each time to the requirements of the device enabling web browsing.
    • In the Terms and Conditions, the term “Consumer” is understood as a User who is a natural person performing legal action with the entrepreneur not related directly to his/her business or professional activity.
    • In order to register the Account, it is necessary to accept the Terms and Conditions by checking the appropriate checkbox in the registration form.
    • Using the Store itself does not require payment of any fees by the User.
    • Both a sale contract and a contract for the provision of services electronically can be concluded in the English language. There is no minimum duration of the Consumer’s obligations arising from sale contracts and contracts for the provision of services electronically. If the Consumer is not entitled to withdraw from a contract (§5. par. 5. of the Terms and Conditions), the time of the Consumer’s obligation under the sale contract lasts until payment of the price to the Seller.

§2.

Account Registration and Orders

  1. Account registration and placing orders for the Products in the Store (hereinafter referred to as “Orders”) can be performed by natural persons, legal persons and organisational units without legal personality which by law are granted legal capacity.
    1. The Website enables registration of the Account by the User, which consists in sending a completed Account registration form available in the Store.
    1. Effective Account registration also requires the following to be performed jointly:
      1. provision of the following User’s details in the form; however, providing some of the details may be optional or required only at the time of placing the Order:
        1. name and surname (name);
        1. address of residence (head office);
        1. correspondence address;
        1. telephone number;
        1. e-mail address;
        1. credit cards details;
        1. Tax Identification Number (NIP);
      1. accepting the Terms and Conditions and the privacy policy, and making other statements, marked as mandatory, by checking the appropriate boxes.
    1. The Buyer agrees not to disclose the password to any third party.
    1. At creation of the Account, a contract for the provision of services electronically is concluded between the Seller and the User.
    1. Orders in the Store can be placed using the form, after logging in the User’s Account, following registration in the Store, or without Account registration after provision of the required data enabling completion of the Order. The Buyer is responsible for all purchases made both through his/her Account and without registration on the Website.
    1. Accepting the Terms and Conditions and the privacy policy, and making other statements marked as mandatory, by checking the appropriate boxes, is necessary to place the Order. This can be made when creating the Account.
    1. The procedure of Order placement is each time completed by the User with effective clicking of the button “Order with payment obligation”, which is tantamount to confirmation by the User that the Order form has been completed correctly and that the User is aware that execution of the Order involves payment, including the cost of selected method of delivery.
    1. In the case of incorrect completion of the Order form, in a manner inconsistent with par. 1-8 above, no contract is concluded between the Seller and the Buyer.
    1. After the Order placement, an e-mail containing the confirmation of the Order placed by the User, which informs the User whether his/her Order has been placed correctly, is immediately sent to the e-mail address provided in the Order form.
    1. In the e-mail referred to in par. 10. above, the Seller provides the Buyer who is a Consumer with information required by relevant provisions regulating consumer rights. Such information will be contained in the e-mail or in a *.pdf attachment. Appropriate software, e.g. Adobe Acrobat Reader, is required to open this document. The information may also be provided by the Seller in paper form together with the Product delivered.
    1. If the Products included in the order are not available, the Seller will inform the Customer that the Order cannot be completed. If the inability to complete the Order results from temporary unavailability of the Products only, the Seller will inform the Customer about the potential date of completing the Order by e-mail to the address provided by the Customer in the Order form.
    1. The sale contract is concluded when the Seller informs that processing of the Order has begun. Such confirmation will be sent to the Buyer by e-mail. In a case that the Customer has paid for the Product before this moment and execution of the Order is not possible (in particular due to the lack of the Product), the Seller will immediately refund the amount paid.
    1. Orders are processed according to the order of their placement.
    1. The Seller is entitled to apply the maximum quantity of a given Product in one Order and make restrictions concerning delivery methods, payment methods or wholesale orders. Any such restrictions will be notified each time to the User before he/she clicks the button: “I confirm the order with obligation to pay”, referred to in par. 8 above.

§3.

Prices and Payments

  1. The Prices of Products are in € and are gross prices. The prices of Products showed in the Store do not include delivery. The total cost of the Order, including delivery, will be provided to the Buyer before the final placing of the Order by clicking the button: “Order with obligation to pay”.
    1. Payment for the Products can be made in one of the following ways:
      1. transfer to the Seller’s bank account specified on the Website,
      1. online payment in the instant payment system specified on the Website.
    1. If the Buyer chooses to pay by bank transfer (§3 par. 2(1) of the Terms and Conditions) and by instant payment (§3 par. 2(2) of the Terms and Conditions), the Seller commences the execution of the Order after the Seller’s bank account is credited with the full price of the Products ordered.

§4.

Delivery

  1. Delivery is limited to the area of European Union. If the User wants the Product to be delivered to some address outside the area specified in the preceding sentence, the Seller will ask for e-mail contact to arrange the possibility and conditions of such delivery.
    1. In the case of using the payment methods provided for in §3. par. 2(1) and §3. par. 2(2) of the Terms and Conditions, the Order will be completed within 60 (sixty) working days from the moment when the payment is credited to the Seller’s account.
    1. Detailed information on the conditions and dates of delivery of the Products can be found at: sav@besolux.com
    1. Delivery is carried out from Monday to Friday, with the exception of public holidays.
    1. The Products ordered by the Buyer are delivered by a carrier (courier) specified on the Website. The cost will be each time specified when placing the Order.
    1. The Seller does not provide services ofunloading of the Products, carrying the Products in, unpacking of the Products, disposal of the Product packaging or assembly of the Products consisting of numerous components.
    1. Detailed information of the prices of delivery of Products can be provided by the customer service: sav@besolux.com
    1.  

§5.

The Right to Withdraw from the Contract

  1. The Consumer purchasing the Product in the Store can withdraw from the contract concluded with the Seller in 14 (fourteen) days from the date of the Product delivery, without incurring any costs other than direct costs of returning the Product. The right of withdrawal, referred to in the previous sentence, can be exercised by submitting an appropriate statement in writing or by e-mail; however, it is sufficient to send the statement to the address indicated in § 1. par. 4 of the Terms and Conditions, i.e. sav@besolux.com to comply with the deadline indicated in the previous sentence before its expiry. The statement of withdrawal can be made using the form attached to the Terms and Conditions and also sent to the Consumer in the confirmation of the conclusion of the contract referred to in §2 par. 10 of the Terms and Conditions, or with the Product delivered.
    1. If the right to withdraw is exercised, the Seller will reimburse the Consumer for all payments made, including the delivery cost (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest method of delivery offered by the Seller) immediately yet not later than in 14 (fourteen) days following receipt of the Consumer’s statement on withdrawal from the contract. Payments will be refunded using the same payment method as the one used by the Consumer unless the Consumer has agreed to another refund method that does not involve any costs for the Consumer. If the Consumer choses the payment method provided for in § 3 par. 2(1) or § 3 par. 2(2) of the Terms and Conditions, the refund will be made, with the Consumer’s consent and depending on his/her choice, to the bank account specified by the Consumer or by postal order to the address provided by the Consumer.
    1. The Seller can withhold the refund of payments received from the Consumer until the receipt of the Product back or until provision of proof by the Consumer that the Product has been returned, whichever occurs first.
    1. If the right to withdraw is exercised, the Consumer will return the Product within 14 (fourteen) days of the withdrawal. The Consumer bears the direct cost of returning the Product (for instance, delivery cost if he/she chooses to return the Product by sending it). The Consumer is liable for the reduction of value of the Product resulting from the use of the Product in a way that goes beyond what is necessary to establish the Product’s nature, characteristics and functioning. The Seller has the right to charge the Customer with the amount of compensation equal to the value of the Product lost as a result of excessive wear, damage or destruction (and then submit a statement on the deduction of claim due to the Seller as compensation concerning the reduction in the Product’s value from the Customer’s claim for a refund of the Product price and costs incurred in connection with the concluded sale contract).
    1. Detailed information on the packaging of returned Products recommended by the Seller can be found in the instructions at: [link].
    1. The consumer is not entitled to the right to withdraw referred to in par. 1. above in the case of following contracts:
      1. sale of non-prefabricated Products manufactured according to the consumer’s specifications or meeting his/her individual needs;
      1. in which an item delivered in a sealed package, which cannot be returned after opening because of health protection or for hygiene reasons if the packaging was opened after delivery, is the subject of contractual obligations;
      1. in which items that after delivery, due to their nature, are inseparably connected with other things are the subject of contractual obligations.
    1. Accordingly, the right to withdraw referred to in this section applies to services provided by the Seller electronically.

§6.

Additional Legal Disclaimers

The contents and structure of the Website are protected by copyright. Reproduction of the information or data, in particular the use of texts available on the website (including the Terms and Conditions), as well as their parts, and photos, graphics, drawings, maps, plans and videos, without the consent of the Seller is prohibited.

§7.

Special Provisions Related to the Provision of Services by the Seller electronically

  1. The Terms and Conditions are the regulations of the provision of services electronically, subject to par. 15 below.
    1. The following is necessary to browse the Store and interact with the ICT system used by the Seller:
      1. hardware allowing for browsing websites with Internet access; in particular, it can be a device controlled by the following operating systems: Windows, Linux, MacOS, Android; the minimum screen resolution in which access to the Store’s website is responsive: 1280×768;
      1. updated web browser with Java Script support in the latest stable version supplied by the manufacturer: MS Edge, Google Chrome, Mozilla Firefox, Opera, Safari;
      1. enabled cookies, as well as appropriate browser add-ons installed enabling Java, Javascript support;
      1. disabled software blocking the execution of the above-mentioned scripts;
      1. active e-mail account (e-mail);
      1. information provided by the Seller, including the Terms and Conditions, can be delivered in *.pdf format. In order to read it, it is necessary to install software that allows for opening such files, e.g. Adobe Acrobat Reader.
    1. Conclusion of a contract for the provision of services electronically takes place when the Account is registered by the person using the Store or simultaneously with placing the Order without the need to register, or by providing an e-mail address to subscribe to the Newsletter.
    1. The contract for the provision of services electronically is concluded for an indefinite period of time and may be terminated on the terms provided for in applicable law, as well as – to the extent permitted by applicable law – by sending a statement on termination of the contract for the provision of services electronically by e-mail to the contact data of the Seller specified in § 1. par. 5. of the Terms and Conditions. Termination of the contract other than a contract for the Newsletter is tantamount to the removal of User Account.
    1. When using the Store and other services provided by the Seller electronically, it is prohibited for the User to provide unlawful content that violates the personal rights or proprietary copyrights of third parties, or to violate the existing social and moral norms, principles of social intercourse on the Internet (netiquette) in any way whatsoever. In particular, it is prohibited to:
      1. promote totalitarian regimes, symbols associated with them, incite hatred or crime;
      1. post vulgar content, or content including profanity or widely deemed offensive;
      1. post and use personal data of other persons and their images without proper authorisation;
      1. deliver malware;
      1. post content that promotes use of drugs or psychoactive substances, or promoting alcohol abuse;
      1. spam or carry out activities bearing the hallmarks unfair competition or unfair market practices.
      1. post content that undermines the good name or reputation of the Seller or third parties;
      1. post links to webpages and files containing the above-mentioned content.
    1. It is not allowed to carry out any penetration tests, security tests, security breach attempts, and hacking activities affecting the Store.
    1. The User is responsible for the content posted by him/her in the Store. If the User posts any content prohibited by law or by the Terms and Conditions in the Store, the Seller is authorised to remove such content, as well as to terminate the contract for the provision of services electronically on this basis with immediate effect.
    1. The procedure of complaint concerning services provided electronically is as follows:
      1. persons who are recipients of a given service may submit complaints regarding the services provided electronically by the Seller; complaints are submitted in writing or by e-mail to the addresses provided for in § 1. par. 4. of the Terms and Conditions;
      1. the complaint should contain:
        1. designation of the User and his/her identification data;
        1. designation of the service to which the complaint relates;
        1. justification with indication of the non-compliance.
    1. Complaints will be considered in 14 (fourteen) days from their receipt.
    1. During the complaint procedure, the Seller may ask for additional explanations, documents or verification of the course of the occurrence subject to complaint.
    1. After the complaint is considered, the Seller will inform the person submitting the complaint about its acceptance or refusal to accept it (wherein the information about refusal to accept the complaint will be provided with justification).
    1. When the complaint procedure regulated in the Terms and Conditions has been exhausted, the User being a Consumer can taking legal action to assert his/her possible claims or use out-of-court methods of complaint permitted by law.
    1. The Seller also informs about the existence of the ODR (online dispute resolution) platform, functional from 15th February 2016 at: http://ec.europa.eu/consumers/odr and about the possibility of using the ODR platform to resolve disputes.
    1. The Seller hereby informs that:
      1. the use of services provided electronically via the internet involves risk. The main threat is the possibility of infecting the ICT system by the so-called viruses, worms and Trojan horses. In order to avoid such risks, it is recommended that persons using the Store install anti-virus software on their devices and update it on a regular basis,
      1. the Seller adds files to the IT system of the person using the Store called “cookies”, that is short pieces of text that the website sends to the browser and which the browser sends back at the next visits to the website. “Cookies” are mainly used to maintain sessions, e.g. by generating and sending back a temporary identifier after logging in. However, they can be used more widely through saving any data that can be encoded as a string of characters. Owing to this, the user does not have to enter the same information every time when he/she returns to this page or switches from one page to another.
    1. The Seller reserves the right to draw up other separate regulations for specific services provided electronically. If such separate regulations apply, the provisions of par. 1.-14. above do not apply to the service to which they relate.

§8.

Complaints

  1. The Seller undertakes to provide Products without defects in relation to Consumers.
    1. If the Product has a defect, the Buyer may make a statement about price reduction or withdrawal from the contract unless the Seller replaces the defective Product with a Product free of defects or removes the defect immediately and without undue inconvenience to the Buyer.
    1. If the Buyer is a Consumer, instead of the removal of the defect proposed by the Seller, referred to in par. 2 above, he/she may demand replacement of the Product with a product free from defects or demand replacement of the defect instead of Product replacement unless making the Product compliant with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.
    1. The Buyer cannot withdraw from the contract if the defect is irrelevant.
    1. The Seller is released from liability referred to in par. 1 above if the Buyer was aware of the defect of the Product at the time when the contract was concluded.
    1. A Buyer not being a Consumer loses the above-mentioned rights if he/she did not inspect the Product in time and in the manner applying to such items and did not promptly notify the Seller about the defect of the Product, and if the defect was exposed later – if he/she does not notify the Seller immediately after detecting it.
    1. The Seller is liable for the defects of Products on the terms described in par. 1-6 above if the physical defect of the Product is found before the expiry of 2 (two) years from the release of the Product to the Buyer.
    1. The claim for defect removal or replacement of the Product to one free from defects expires after one year from the day on which the defect of the Product was found.
    1. Complaints may be notified to the Seller in writing or by e-mail to the addresses specified in §. 1.par. 4. of the Terms and Conditions.
    1. In 14 (fourteen) days following submission of the complaint, the Seller will respond to it and inform the Consumer about further procedure.
    1. The Seller will make every effort to consider complaints without undue delay.
    1. When the procedure regulated in this paragraph has been exhausted, the User who is a Consumer can taking legal action to assert his/her possible claims or use out-of-court methods of complaint permitted by law.
    1. The Seller also informs about the existence of the ODR (online dispute resolution) platform, functional from 15th February 2016 at: http://ec.europa.eu/consumers/odr and about the possibility, starting from the above-mentioned date, of using the ODR platform to resolve disputes.
    1. The Seller does not provide guarantee for its Products. However, the Seller is liable to Consumers for defects under warranty.
    1. The Seller does not offer any after-sales services.
    1. A Buyer who is not a Consumer is obliged to verify in the presence of the carrier (courier) whether the Product has not been delivered damaged. A damage report drawn up correctly in the presence of the courier is the basis for a possible refund. Lack of the report entitles the Seller not to accept the returned Product.
    1. A Buyer who is not a Consumer is obliged to contact the Seller by e-mail to: support@kookohome.com before the return in order to arrange the date of collection of the returned Product by courier, ordered by the Seller at the expense of the Buyer. The Seller will not accept a return made otherwise.

§9.

Newsletter

  1. Each User can, by providing his/her e-mail address and accepting the provisions of the Terms and Conditions, and submitting other required statements, agree to receive the Newsletter to own e-mail address provided.
    1. If such consent is given, the Seller may periodically send the Newsletter to the e-mail address provided by the User (on dates determined at the Seller’s discretion).
    1. The User may unsubscribe from the newsletter by clicking the link provided in each Newsletter message or by sending a request to unsubscribe to the e-mail address specified in §1. par. 4(3) of the Terms and Conditions.
    1. The newsletter may include paid promotion, commercial offers, industry information and advertising.
    1. The Newsletter service is free of charge.

§10.

Final provisions

  1. The Seller is not bound by any additional, optional codes of good practice or other similar documents, which does not exclude the fact that the Seller is already obliged under the generally applicable law not to violate the principles of fair competition and not to get involved in unfair market practices.
    1. Polish law shall govern the assessment of the rights and obligations of the parties arising from the Terms and Conditions in the case of a User who is not a Consumer. In the case of Consumers, the governing law is determined in accordance with the generally applicable law, in particular regarding the protection of consumer rights.
    1. Settlement of possible disputes arising between the Seller and the Customer who is not a Consumer is subjected to a court having jurisdiction over the address specified in §1 par. 3. of the Terms and Conditions.
    1. All persons using the Store can access the Terms and Conditions at any time via the link found on the Store’s website, copy the file content or download it in .pdf format and print it out.
    1. The Service Provider has the right to amend the Terms and Conditions. In such a case, delivery of the Terms and Conditions to the User will take place by posting it in the Store and on relevant websites of the Seller, as well as by sending the Terms and Conditions to the Customer’s e-mail address.
    1. Detailed information on the protection of personal data is included The issue of personal data protection is regulated by the privacy policy.
    1. The Terms and Conditions enter into force on 01.01.2021