Engraved advertising pens Terms & conditions

COSMO-PEN.EU WEBSITE / ONLINE STORE REGULATION FOR ENTREPRENEURS

Effective from February 1st, 2023

DOCUMENT CONTENT:

GENERAL PROVISIONS
DEFINITIONS
PLACING ORDERS WITHIN THE ONLINE STORE
ORDER FULFILLMENT CONDITIONS
METHODS AND COSTS OF DELIVERY / COLLECTION OF GOODS
FORMS AND CONDITIONS OF PAYMENT AND TAX MOMENT
ORDER FULFILLMENT TIME
COMPLAINTS AND RETURNS
ADDITIONAL PROVISIONS
FINAL PROVISIONS

1. GENERAL PROVISIONS

The owner of the Online Store available at www.cosmo-pen.eu is KS Marketing Office Sławomir Kotowski with its headquarters in Szczecinek, ul. Boh. Warszawy 31-35, room 211, 78-400 Szczecinek, NIP 6191028916, REGON 330882823; e-mail: handlowy@cosmo-pen.eu, tel. +48 507 087 003
This regulation and the online store are directed solely to entrepreneurs
Kupującym mogą być wyłącznie firmy - w tym osoby fizyczne prowadzące działalność gospodarczą - oraz wszystkie instytucje zarejestrowane na terenie Rzeczypospolitej Polskiej.
We do not conduct sales for individuals who do not run a business (retail sales).

2. DEFINITIONS

BUSINESS DAY - one day from Monday to Friday excluding public holidays.
REGISTRATION FORM - a form available in the Online Store allowing for the creation of an Account.
ACCOUNT - Electronic Service, designated by an individual name (login) and password provided by the Service User, a set of resources in the Service Provider's computer system, in which data provided by the Service User and information about the Orders placed in the Online Store are collected.
NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Users using it to automatically receive cyclical content of subsequent editions of the newsletter from the Service Provider containing information about Products, novelties, and promotions in the Online Store.
SERVICE RECIPIENT - a natural person with full legal capacity, for whom the use of the Website, including the conclusion of Sales Agreements, is directly related to the economic or professional activity conducted by them (i.e. not a consumer in this case); a legal person; or an organizational unit without legal personality, to whom the law grants legal capacity; - using or intending to use the Electronic Service.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
SELLER / SERVICE PROVIDER / KS OFFICE - KS Biuro Marketingowe Sławomir Kotowski with its registered office in Szczecinek, ul. Boh. Warszawy 31-35, room 211, 78-400 Szczecinek, with tax identification number NIP: PL 619-102-89-16 and the company's website address: www.cosmo-pen.eu;
CUSTOMER - any natural person, legal person or organizational unit without legal personality, having legal capacity to enter into a contract, registered in accordance with Polish law or the law of another country as an entrepreneur, being an active VAT payer, who places an Order within the scope of the Commercial Offer of KS Biuro and intends to enter into a contract with KS Biuro for the purchase of Goods, for the purposes related to their economic or professional activity. KS Biuro reserves the right not to conclude an agreement with a Customer who is not actually conducting business activity.
ORDER - a Customer's order that constitutes their binding offer to purchase the Goods on the terms specified in the Commercial Offer of KS Biuro, submitted in writing, i.e. via: e-mail, Online Orders, fax or traditional mail (by registered mail). The Order should contain the data necessary for its execution by KS Biuro, in particular: the current Identification Data of the Customer and a precise description of the subject matter of the Order, as well as information enabling the proper performance of the service, in particular in the case of ordering the service of marking items.
ONLINE ORDERS - means an internet platform available on the website www.cosmo-pen.eu under the terms and conditions specified in these Online Order Regulations and the General Terms of Cooperation with KS Biuro (available at: http://www.cosmo-pen.eu/regulamin.html), constituting one of the ways of placing Orders at KS Biuro, which, after registration and logging in, the Customer can place an Order using the IT tools of the platform.
CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
ORDERS WITHOUT REGISTRATION - GUEST - the possibility of making a purchase without the need to register in the online store.
REGULATIONS - this document containing provisions applicable to placing orders at KS Biuro, including in the framework of ONLINE ORDERS, specifying the rules of cooperation, including the rules of concluding a contract and the mutual rights and obligations of the parties to the contract, constituting an integral part of the contract concluded between KS Biuro and the Customer.

3. PLACING ORDERS WITHIN AN ONLINE STORE

In order to use the Online Orders, the Customer should have the following minimum technical requirements that enable them to use the Services:
- a. Possess equipment and software that enable internet access and connection to the internet.
- b. In some cases (for document sharing), possess software that enables reading of files in pdf format (e.g., Adobe Acrobat Reader).
1. Orders within Online Orders are accepted by KS Office directly on the website www.cosmo-pen.eu:
- As a "guest" - without the need to register in the online store.
- After prior registration and logging in to the website.
Registration of the Client in Online Orders consists of clicking the "Create an account" tab on the website (top right corner or at the time of placing an order) and providing true and up-to-date identification data of the Client in the displayed registration form, including First Name, Last Name, NIP (VAT number), e-mail address, and a password to log into the store.
- And accepting the store regulations.
KS Office sends a confirmation e-mail of registration to the Online Orders platform to the e-mail address provided by the Client during registration.
KS Office deletes the account and registration data of the Client at the request of the Client, as well as due to the obligation resulting from the provisions of generally applicable law; KS Office can also delete the data and Client's account in case of termination of cooperation with the Client, as well as resignation from making the Online Orders platform available, or in the case of its modification, modernization, improvement, or modification.
The Client places an Order after logging in (from the "Log in" tab on the website www.cosmo-pen.eu by providing the login, which is the e-mail address provided during registration, and providing the password).
Placing an Order consists of using the available Online Orders options.
First, the Client selects the product by clicking the "Add to cart" button under the selected product; then, the Client provides the quantity of the product in the displayed column and specifies whether they order any product marking, according to the provided options.
After selecting the products and moving to the "Cart" (the icon at the top of the page) with the selected products, the selected products with information about the content of the Order are displayed.
After clicking the "Proceed to checkout" button below the list of products in the "Cart," the Client should provide address data (if the Client is not registered): e-mail address, first name, last name, company name, street and number, country, province (if required), postal code, telephone number, and VAT number.
Then, the Client should choose the delivery method.
The standard payment method is a bank transfer - prepayment.
Additional information can be added to the Order in the form of a comment.
KS Office confirms the acceptance of the Order by sending a message to the e-mail address provided by the Client. Sending a confirmation of the acceptance of the Order by KS Office means the conclusion of the Agreement with the Client.
The Client can withdraw the placed Order only under the condition of prior contact and obtaining the consent of the sales representative. The resignation from the Order should be sent by e-mail to the sales representative immediately after obtaining their consent. The resignation is valid if KS Biuro confirms the receipt of the resignation by e-mail.

4. CONDITIONS FOR ORDER FULFILLMENT

The conclusion of a Sales Agreement between the Client and the Seller occurs after the Client has placed an order using the Order Form in the Online Store.
The price of the Product displayed on the Online Store page is in Polish zloty. The total price of the Product being the subject of the Order, as well as the delivery costs (including fees for transport and delivery) and other costs, and when it is not possible to determine the amount of these fees - the obligation to pay them, the Client is informed on the Online Store pages during the process of placing the Order, including at the time of the Client's expression of the will to be bound by the Sales Agreement.
The sale of Goods by KS Biuro is of B2B type and is not subject to consumer sales regulations.
After placing the Order, the Seller will confirm by e-mail within 3 days that the order has been accepted. The conclusion of the agreement occurs only at the moment of confirmation by the Seller that the order has been accepted and he has started its implementation. With the receipt of the above e-mail message by the Client, the Sales Agreement between the Client and the Seller is concluded.
The consolidation, security, and provision of the content of the concluded Sales Agreement to the Client are carried out by:
- Providing this Regulations on the Online Store page,
- Sending the Client an e-mail message (confirmation). The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
The photos of the products offered in the store may differ slightly from the actual condition and color of the products. Any differences between the presentation in the photos and the original appearance are due to technical reasons, and KS Biuro is not responsible for them. KS Biuro can provide samples of the Goods.

5. METHODS AND COSTS OF DELIVERY/PRODUCT COLLECTION

The cost of transportation to the Buyer's headquarters (delivery on working days or a scheduled service) or another place indicated by him is covered by the Buyer. In such a case, the Buyer also undertakes to collect the goods by his own means of transport or to indicate a transport company. it is possible to order the choice of transport to the Seller.
In the case of commissioning the shipment to KS Biuro Marketingowe Sławomir Kotowski, it will be carried out by a courier company.
The standard shipping cost in Poland for a package up to 30 kg is 19.50 PLN net (+ 23% VAT) - prepayment/bank transfer.
The cost of shipping for a COD package in Poland up to 30 kg is 33.00 PLN net (+ 23% VAT).
2. The cost of delivery of shipments of non-standard size is determined individually by the Seller and the Buyer.
Personal product collection is free of charge.
Personal product collection is available at ul. Boh. Warszawy 31-35 room 211, 78-400 on working days, from 7:00 to 15:30 (in special cases, after prior arrangement, the goods can be picked up at other times, but not later than 21:00)

6. PAYMENT METHODS AND CONDITIONS AND TAX DATE

Payment methods:

Bank transfer - 100% prepayment of the order value for new customers for the first three orders,
Bank transfer in accordance with the payment terms resulting from the concluded cooperation agreements,
- The Seller, by granting the Buyer a trade credit, indicates the maximum level of the Buyer's debt.
- Deferred payment terms granted to the Buyer before concluding the fourth or subsequent Sales Agreement based on the Buyer's written application for a trade credit. The amount of trade credit and the payment terms depend on the potential, needs, trading capabilities, history and transaction amounts, and the creditworthiness assessment of the Buyer carried out by insurance institutions cooperating with the Seller. In the event that the Buyer's creditworthiness is assessed by the insurance company indicated by the Seller, the Buyer is obliged to provide this institution with appropriate financial data.
- After granting the Buyer the possibility of a deferred payment term, the Seller may change or withdraw it at any time, in particular, in the event of:
  - failure by the Buyer to comply with the provisions of the agreements concluded with the Seller,
  - receipt by the Seller of information about the level of debt owed by the Buyer to other contractors that would prevent the Buyer from fulfilling the provisions of the agreements concluded with the Seller,
  - In the event that the Buyer is in arrears with payments to the Seller, the Seller may refuse to accept further orders from the Buyer, and if necessary, also suspend the execution of orders in progress until the overdue payment is received.
- The Buyer to whom the Seller has granted a deferred payment term is obliged to immediately notify the Seller in writing of:
  - filing for bankruptcy of the Buyer and the reasons justifying the application,
  - change of the Buyer's legal form, name or owners,
  - any change affecting the Buyer's ability to repay the obligations to the Seller.
- If the above informational obligations are not fulfilled, the Seller has the right to unilaterally withdraw from the concluded and unfulfilled agreements and demand immediate payment of the amounts due under the agreements under which the Seller has already issued the Product.
- The Customer is not entitled to make a statement against the Seller about the deduction of any receivables (except for those that are not subject to exclusion from deduction under the generally applicable law), and in each case the right to deduct receivables related to the conclusion and manner of performance of the contract is excluded

Tax date:

In the case of delivery of goods or provision of services by KS Biuro Marketingowe Sławomir Kotowski, the Company assumes as a rule that the moment of delivery of goods within the meaning of the Act of March 11, 2004 on goods and services tax is the moment of issuance (delivery of goods), which takes place on the date:
1. Direct delivery of goods to the buyer from the warehouse of KS Biuro Marketingowe Sławomir Kotowski
2. Delivery of the goods to the carrier based on the concluded contract for the transportation of goods between the Seller and the courier company

7. ORDER FULFILLMENT TIME

Orders are shipped on business days from Monday to Friday. The order fulfillment time for products available in the warehouse is 24-48 hours.
In the case of fulfilling complex orders that include marking services, this time may be slightly extended. The terms of delivery of the ordered goods are individually agreed upon by the Seller and the Buyer.
For orders for pens with one-sided engraving, the standard completion time is up to 72 hours for quantities up to 3000 pieces, provided that the given color and model of the pens are available in the central warehouse. The final fulfillment time will be provided when confirming the order.
In the case of goods that are temporarily out of stock, the delivery time will be individually agreed upon.

8. COMPLAINTS AND RETURNS

Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability for the warranty for the Product with respect to the Customer is excluded in the following cases:
- minor differences in the color and texture of the Products compared to the photos of the Products on the Online Store website;
- execution by the Seller of a Sales Agreement with a 3% error margin as to the quantity of the Product due to damage occurring during printing, possible damage to the Products in the warehouse, or their absence during fulfillment, in which case the Customer is obligated to pay only the price of the received part of the Order.
- the Product on which someone other than the Seller has made a print, engraving, embroidery, or other decoration.
- differences in color and texture of the engraving produced.
Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability for the warranty for the Product with respect to the Customer is limited as specified in the further provisions of these regulations.
Complaints may be filed for Goods classified as damaged or non-compliant with the Order.
Defects in parts of the delivered Goods do not entitle the entire ordered Goods to be returned.
The Customer is obligated to check the ordered Goods and report a complaint immediately after receiving it, but no later than:
1. within three business days in terms of quantity,
2. within three business days in terms of quality, but before starting to mark the goods on their own,
3. within twelve months in the case of hidden defects that could not be detected with due diligence within the above-mentioned three business days, counted from the date of receipt, and during this period to report a complaint.
The complaint should be made in accordance with the complaint form available on the KS Biuro website.
The batch of the Goods under complaint should be returned by the Customer only after agreeing with KS Biuro the method of shipment and its date. Shipment of the batch of Goods under complaint by the Customer without prior filing a complaint or without determining the method and date of shipment, entitles KS Biuro to refuse to accept the shipment or charge the Customer with shipping costs.
After the above-mentioned deadlines, the Customer's rights with respect to the warranty for defects in the subject matter of the contract expire.
KS Biuro's response, confirming the receipt of the complaint, will be given within 3 business days from the date of its receipt.
The complaint will not be considered if:
1. the complaint concerns visible quality defects (detectable with due diligence), and despite this, the Goods have been altered (modified) or processed by the Customer or a third party (e.g. engraving, printing, embossing, repairs, other physical interventions);
2. it is reported after the deadlines specified in point 3 have expired;
3. the quality of the Goods is consistent with the Goods Samples available at KS Biuro at the time of placing the Order by the Customer;
4. The customer did not familiarize themselves with the product sample and a complaint arises due to a discrepancy between their expectations and the actual state of the product (Product Sample); this also applies to situations where a non-defective product does not meet the customer's expectations, which they did not notify KS Office about when placing the Order (in particular, this concerns color and functionality);
5. The defect concerns a non-catalog product supplied for a Special Order if the product is consistent with the content of the Order and the Agreement;
6. The product differs slightly in color, appearance, packaging, or other characteristics from other batches of the product, and these characteristics do not affect the quality or usefulness of the product;
7. The labeling was made in accordance with the labeling design approved by the customer;
8. The complaint arises because the customer did not properly acquaint themselves with the product's characteristics, e.g., second-grade, differences in appearance, functionality, labeling capabilities;
9. The complaint concerns minimal color differences in the labeling within a given Order resulting from labeling techniques such as laser engraving, or differences resulting from the specific material from which the product is made, e.g., wood, leather.
In the event of a complaint being accepted by the KS Office:
1. they will carry out the repair or replacement of the product at their own cost;
2. they will carry out the repair or replacement of the product at their own cost;
3. and if repair or replacement of the product is not possible or excessively difficult (including being uneconomical), KS Office will issue the customer a corrected VAT invoice and refund the customer the gross value of the defective product;
4. they may also agree with the customer on other ways to resolve the complaint that are not mentioned above.
The complaint notification does not interrupt or suspend the payment term for the product.
KS Office sends the complained product to the customer at their own cost through a courier company, in accordance with the Transport and Delivery Time Price List.
This attachment constitutes an integral part of the Terms and Conditions.

9. ADDITIONAL PROVISIONS

1. RIGHT OF WITHDRAWAL
  - The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a consumer.
  - The Customer has the right to withdraw from the Sales Agreement within 30 days from the date of conclusion of the Sales Agreement. In this case, the Customer is obliged to contact the Seller's Customer Service Office - tel: 94 374 46 77 or +48 506 87 003 or by e-mail to the Seller and notify the intention to return the Product;
  - In the event of the Customer exercising the contractual right of withdrawal from the contract, the cost of delivering the Products to the Customer or the recipient and the return delivery shall be charged tothe Customer.
  - The contractual right of withdrawal from the Sales Agreement does not apply to Products that are seasonal, second-quality, or end-of-line, as well as Products on which printing, marking, embroidery or other customization has been performed
2. INTELLECTUAL PROPERTY
  - The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account respect for personal rights and copyright and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data that is consistent with the actual state of affairs. The Service Recipient is prohibited from providing content of an unlawful nature.
  - The trademarks of the Service Provider and third parties should be used in accordance with the applicable law.
  - By sending the graphic design to the Service Provider or using logos stored in the resources of the Service Provider, the Service Recipient guarantees and assures that they are authorized to use all rights, including the right to the trademark, logo, slogan, portrait, graphics, graphic sign, photo and any other content and design contained in the file.
  - The Service Recipient is obliged to ensure that the sent graphic design, either in whole or in part:
    - does not infringe any intellectual property rights of third parties;
    - is not the subject of such an infringement as a result of which the Service Recipient received it;
    - is not subject to limitations that would prevent the Service Provider from legally reproducing and processing the sent images and texts in accordance with the Order.
3. CONFIDENTIALITY
  - Both parties to the agreement undertake to maintain confidentiality, and not to disclose, transfer or use any data, information or commercial terms resulting from the Agreement obtained in connection with or in the course of its implementation, constituting the trade secret of the Seller and the Buyer.
  - The prohibition of disclosing the trade secret of the Seller and the Buyer applies throughout the entire period of the parties' commercial cooperation, as well as after its termination.
  - In the event of a breach by the Customer of the obligation to maintain the trade secret, KS Biuro Marketingowe Sławomir Kotowski has the right to withdraw from the agreement or terminate it with immediate effect and demand compensation according to general principles.
  - The trade secret of the Seller includes in particular all information that has not been disclosed at the Seller's discretion and is not generally known, and about which the Customer has been informed of its confidential nature or which, due to their nature or circumstances, the Customer could assume are confidential.

10. FINAL PROVISIONS

1. Matters not regulated in these Online Order Regulations are subject to the provisions of generally applicable law. Acceptance of the Online Order Regulations also means acceptance of the General Terms and Conditions of Cooperation with KS Biuro.
2. Placing an order through Online Orders means accepting the provisions of these Online Order Regulations.
3. Any personal data provided to KS Biuro is processed in accordance with the regulations on personal data protection for the purpose of order fulfillment. Interested parties have rights resulting from the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), national laws and national executive acts, while observing the data protection procedures described in those legal acts.
4. The Online Orders platform uses cookies - in accordance with the principles set out in the "COOKIE INFORMATION" tab on the website. KS Biuro is not responsible for any defective or incorrect operation of the Online Orders platform for customers, but only makes every effort to ensure that Online Orders function correctly. KS Biuro may discontinue support and availability of the Online Orders platform, as well as make any changes, modernizations, and modifications to it.
5. Complaints regarding the operation of the Online Orders platform should be addressed to handlowy@cosmo-pen.eu. KS Biuro considers complaints within 14 days. KS Biuro will inform the customer of the outcome of the complaint by electronic means to the email address provided in the complaint.
6. The Online Order Regulations and their amendments are published and available for download on the website www.cosmo-pen.eu, especially in the website footer.
7. The Online Order Regulations and their amendments are in force from the date indicated in the header of the Online Order Regulations and apply to new orders placed from that date.
8. The service provider reserves the right to make changes to the Regulations.