Terms of service

§ 1 Preliminary Provisions

The online store KOZIN.STORE, available at the internet address www.kozin.store, is run by Tomasz Kozioł, conducting business activity under the name SCULPTOM Tomasz Kozioł, registered in the Central Registration and Information on Business (CEIDG) of the Republic of Poland, kept by the minister competent for economy.
- Registered office address: Wola Mędrzechowska 57, 33-221 Mędrzechów, Poland
- NIP (Tax Identification Number): 8711782892
- REGON (National Business Registry Number): 527631764
These Terms of Service are addressed to both Consumers and Entrepreneurs using the Online Store and define the rules for using the Online Store and the rules and procedures for concluding Sales Agreements with a Customer at a distance through the Store.

§ 2 Definitions

Seller – Tomasz Kozioł conducting business activity under the name SCULPTOM Tomasz Kozioł, registered office address: Wola Mędrzechowska 57, 33-221 Mędrzechów, Poland, NIP: 8711782892, REGON: 527631764.
Customer – any entity making purchases through the Online Store.
Consumer – a natural person concluding an agreement with the Seller within the framework of the Online Store, the subject of which is not directly related to their business or professional activity.
Entrepreneur with consumer rights – a natural person concluding an agreement directly related to their business activity, when the content of this agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business.
Entrepreneur – a natural person, a legal person, and an organizational unit that is not a legal person but to which a separate act grants legal capacity, conducting business activity in its own name, who uses the Store.
Online Store (Store) – the online store run by the Seller at the internet address www.kozin.store.
Terms of Service / Regulations – these terms of service for the Online Store.
Distance Contract – a contract concluded with a Customer within an organized system for concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
Sales Agreement – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller via the Online Store.
Product – a movable item (good) available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller. The Store mainly offers watches of the KOZIN brand.
Order – a declaration of will by the Customer submitted via the Order Form and aiming directly at the conclusion of a Sales Agreement for a Product with the Seller.
Account – a Customer account in the Store, which collects data provided by the Customer and information about Orders placed by them in the Store. Creating an Account is voluntary and not required to place an Order.
Registration Form – a form available in the Store for creating an Account.
Order Form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the electronic cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
Cart – an element of the Store's software where the Products selected by the Customer for purchase are visible.
Business Day – one day from Monday to Friday, excluding public holidays.

§ 3 Contact with the Store

Seller's Address: SCULPTOM Tomasz Kozioł, Wola Mędrzechowska 57, 33-221 Mędrzechów, Poland
Seller's E-mail Address: info@kozin.store
Seller's Phone Number: +48 724 556 452

The Customer can communicate with the Seller using the addresses and phone numbers provided in this paragraph.

§ 4 Technical Requirements

To use the Store, including Browse the Store's assortment and placing orders for Products, the following are necessary:

An end device with access to the Internet and a web browser such as Chrome, Firefox, Safari, Edge, or another compatible browser.
An active e-mail account.
Enabled support for cookies.
Enabled JavaScript support.

§ 5 General Information

To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the Online Store with the Customer's technical infrastructure.
Browse the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations, or by providing the necessary personal and address data to enable the Order to be processed without creating an Account (purchase as a guest).
The prices given in the Store are in Polish zloty (PLN) and are gross prices (they include VAT).
The final amount to be paid by the Customer consists of the price for the Product and the delivery cost (including transport and delivery fees), of which the Customer is informed on the Store's pages during the ordering process, including at the moment of expressing the will to be bound by the Sales Agreement.

§ 6 Creating an Account in the Store (Optional)

To create an Account in the Store, you must fill out the Registration Form. It is necessary to provide at least an e-mail address and set a password.
Creating an Account in the Store is free of charge.
Logging into the Account is done by entering the login (e-mail address) and password established in the Registration Form.
The Customer may, at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail to the address: info@kozin.store.

§ 7 Rules for Placing an Order

To place an Order, you must:

Select the Product to be the subject of the Order, and then click the "Add to cart" button (or equivalent).
Go to the Cart view and click the "Proceed to checkout" button (or equivalent).
Fill out the Order Form by entering the details of the Order recipient and the address for delivery of the Product, and select the type of shipment (method of delivery). Enter invoice details if they are different from the recipient's details (if the Customer wants to receive a VAT invoice). Customers with an Account can skip some of the data entry, as it will be filled in automatically.
Choose one of the available payment methods.
Read and accept the provisions of the Terms of Service – acceptance is voluntary but necessary to place the Order.
Check the correctness of the entered data and the Order summary.
Click the "Pay now" button – clicking this button is equivalent to placing an Order with an obligation to pay.

§ 8 Conclusion of the Sales Agreement

The conclusion of the Sales Agreement between the Customer and the Seller occurs when the Customer clicks the "Pay now" button in the final step of placing the Order, in accordance with § 7 point 7 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt by sending a relevant e-mail message to the e-mail address provided by the Customer during the ordering process. This e-mail is for informational purposes and does not constitute confirmation of acceptance of the offer within the meaning of the Civil Code, but only confirmation of receipt of the Order by the Seller's system.
The consolidation, security, and disclosure of the content of the concluded Sales Agreement are effected by:
1. making these Regulations available on the Online Store's website,
2. sending the Customer the e-mail message referred to in section 2 above.
The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.

§ 9 Methods and Terms of Payment for the Product

The Seller provides the Customer with the following payment methods for the Sales Agreement:
1. Electronic payments and card payments via the Przelewy24 service (PayPro SA, ul. Kanclerska 15, 60-327 Poznań). Available payment methods within Przelewy24 include:
  - Fast online transfers from selected banks.
  - BLIK.
  - Payment cards (Visa, Mastercard).
2. Payment via the PayPal system.
3. Payment via Apple Pay.
4. Payment via Google Pay.
The Customer is obliged to make the payment immediately after placing the Order. In the absence of payment within a reasonable time (e.g., 1 hour for electronic payments), the order may be canceled by the Seller.

§ 10 Cost, Methods, and Time of Product Delivery

Delivery Area: Delivery of Products is carried out within the territory of the Republic of Poland and to selected European Union countries, i.e.: Austria, Belgium, France, Germany, Italy, the Netherlands, and Spain.
Delivery within Poland:
1. The cost of delivery is free of charge (0.00 PLN gross).
2. The Seller provides the following delivery methods:
  - Shipment to an InPost Parcel Locker,
  - InPost Courier delivery,
  - DPD Courier delivery.
  - DHL Courier delivery.
International Delivery:
1. The cost of delivery to the countries listed in point 1 is fixed and amounts to €9 EUR (or its equivalent in PLN, indicated in the order summary).
2. Delivery is carried out via courier service.
Order Fulfillment Time: The time to prepare the order for shipment is up to 24 business hours, counted from the moment the payment is credited.
Estimated Delivery Time (from the moment of dispatch):
1. Within Poland: 1-2 business days.
2. To European Union countries: 3-7 business days.
3. The given times are estimates and may be subject to change for reasons attributable to the carrier.
Additional Information: The final, binding cost of delivery is always indicated to the Customer during the Order placement process. Detailed information is also available in the "Delivery" tab on the Store's website.

§ 11 Right to Withdraw from the Agreement

A Consumer and an Entrepreneur with consumer rights may withdraw from the Sales Agreement within 14 days without giving any reason.
Regardless of the right indicated in section 1, the Seller grants Consumers and Entrepreneurs with consumer rights a voluntary right to return the Product within 30 calendar days from the date of taking possession of the Product, on the terms described in § 12 of the Regulations and in the "Returns Policy" document available on the Store's website.
The period specified in section 1 begins from the day the Consumer, Entrepreneur with consumer rights, or a third party other than the carrier and indicated by them takes possession of the Product.
The Consumer / Entrepreneur with consumer rights may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient to send the declaration before its expiry. The declaration can be sent, for example, by e-mail to the Seller's address: info@kozin.store.
The declaration can be made on the form, the template of which is Appendix No. 2 to the Act of 30 May 2014 on Consumer Rights, or by using the form template which is Appendix No. 1 to these Regulations. The use of the templates is not obligatory.
The effects of withdrawal from the Agreement, including the rules for returning the Product and payments, are described in detail in § 12 of the Regulations and in the "Returns and Complaints" document available on the Store's website.
The right to withdraw from a distance contract does not apply to an Agreement where the subject of the service is a non-prefabricated Product, manufactured to the specifications of the Consumer / Entrepreneur with consumer rights or serving to satisfy their individualized needs (if applicable). This right also does not apply to the purchase of Gift Cards (if offered).

§ 12 Return Procedure (Withdrawal from the Agreement)

In the event of withdrawal from a distance contract, the Agreement is considered not to have been concluded.
The Seller is obliged to reimburse the Consumer / Entrepreneur with consumer rights for all payments made by them, including the costs of delivering the Product (except for additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method available in the Store), immediately and no later than 14 calendar days from the day of receiving the declaration of withdrawal.
The Seller will make the reimbursement using the same means of payment as used by the Consumer / Entrepreneur with consumer rights, unless they have expressly agreed to another method of reimbursement that does not involve any costs for them.
The Seller may withhold the reimbursement of payments received from the Consumer / Entrepreneur with consumer rights until the Product has been received back or until proof of its return has been provided, whichever occurs first.
The Consumer / Entrepreneur with consumer rights is obliged to return the Product to the Seller at the address: SCULPTOM Tomasz Kozioł, Wola Mędrzechowska 57, 33-221 Mędrzechów, Poland, immediately and no later than 14 calendar days from the day on which they withdrew from the agreement. The deadline is met if the Product is sent back before its expiry.
The Consumer / Entrepreneur with consumer rights shall bear the direct cost of returning the Product.
The Consumer / Entrepreneur with consumer rights is liable for any diminished value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
Detailed rules concerning withdrawal from the agreement, including the conditions for the voluntary right of return within 30 days, are described in the "Returns and Complaints" document available on the Store's website, which supplements the provisions of this paragraph.

§ 13 Complaint due to Non-Conformity of the Product with the Agreement (Statutory Warranty)

The basis and scope of the Seller's liability towards a Customer who is a Consumer or an Entrepreneur with consumer rights for the non-conformity of the Product with the Sales Agreement are determined by generally applicable laws, in particular the Consumer Rights Act (Chapter 5a).
The Seller is liable for any lack of conformity of the Product with the agreement that exists at the time of its delivery and becomes apparent within two years from that time. It is presumed that any lack of conformity which becomes apparent within two years from the time of delivery of the Product existed at that time, unless proven otherwise or the presumption is incompatible with the specific nature of the Product or the character of the lack of conformity.
If a non-conformity of the Product with the agreement is found, the Customer (Consumer or Entrepreneur with consumer rights) has the right to file a complaint.
The complaint should be submitted electronically to the Seller's e-mail address: info@kozin.store.
In the complaint notification, it is recommended to provide:
1. The Customer's first and last name,
2. The order number or other data allowing its identification,
3. A detailed description of the non-conformity (defect) and the date it was noticed,
4. The Customer's request (repair, replacement, price reduction, or – in case of a significant non-conformity – withdrawal from the agreement),
5. Contact details (e-mail address, phone number).
Attaching photos documenting the defect may speed up the complaint process.
If it is necessary to deliver the Product to the Seller for the complaint to be processed or for the Customer's rights to be exercised, the Customer will be asked to do so. The Product should then be sent to the address: SCULPTOM Tomasz Kozioł, Wola Mędrzechowska 57, 33-221 Mędrzechów, Poland. The Customer should properly secure the Product for transport. The initial cost of returning the Product is borne by the Customer.
The Seller will respond to the complaint request of the Customer (Consumer or Entrepreneur with consumer rights) immediately, no later than within 14 calendar days from the date of its receipt. The Seller's failure to respond within the above period means that the Seller has considered the complaint to be justified (regarding the request for repair, replacement, or price reduction).
If the complaint is deemed justified, the Seller shall reimburse the Customer for the necessary costs incurred in connection with the complaint, including the cost of returning the complained-of Product to the Seller (up to the amount corresponding to the cheapest shipping option available in the Store).
The Seller's liability under the statutory warranty for non-conformity of the goods with the agreement towards Customers who are Entrepreneurs (not having the status of an Entrepreneur with consumer rights) is excluded.

§ 14 Seller's Guarantee

Regardless of the rights arising from the non-conformity of the Product with the agreement (described in § 13), the Products (watches) sold in the Store are covered by an additional, voluntary 2-year quality guarantee provided by the Seller.
The guarantee covers physical defects of the Product (e.g., material, manufacturing, or mechanism defects) arising from causes inherent in the sold Product, and not resulting from its improper use, mechanical damage caused by the Customer, natural wear and tear, or third-party interference.
The guarantee period is 2 years from the date the Product is delivered to the Customer.
Rights under the guarantee can be exercised by submitting a complaint to the Seller in a manner analogous to that described in § 13, sections 4 and 5 (i.e., by e-mail to info@kozin.store, providing the necessary information). A guarantee claim may also require the Product to be sent to the Seller's address (SCULPTOM Tomasz Kozioł, Wola Mędrzechowska 57, 33-221 Mędrzechów, Poland).
The Seller will process the guarantee claim within 14 calendar days of its receipt and inform the Customer about how it will be resolved (e.g., repair, replacement). If it is necessary to return the goods and the guarantee claim is accepted, the Seller will cover the costs associated with the repair/replacement and returning the goods to the Customer. The cost of sending the goods to the Seller under the guarantee is borne by the Customer.
The guarantee does not exclude, limit, or suspend the Customer's rights arising from the provisions on the non-conformity of goods with the agreement (statutory warranty) described in § 13. The Customer may exercise their rights under the statutory warranty independently of their rights under the guarantee.

§ 15 Out-of-Court Complaint and Redress Procedures

Detailed information regarding the possibility for a Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection (UOKiK):
A Consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures:
1. Submitting a request to a permanent amicable consumer court, as referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection, to resolve a dispute arising from the concluded Sales Agreement.
2. Submitting a request to the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection, to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
3. Obtaining free assistance in resolving a dispute between the Consumer and the Seller, also by using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers).
An online platform for resolving disputes between consumers and entrepreneurs at the EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.

§ 16 Personal Data Protection

The administrator of Customers' personal data collected via the Online Store is the Seller.
Customers' personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer agrees, also for marketing purposes.
Detailed information regarding the processing of personal data, including the purposes, legal bases, processing period, and Customers' rights, can be found in the "Privacy Policy" document available on the Online Store's website.

§ 17 Final Provisions

Agreements concluded through the Online Store are concluded in the Polish language.
The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of any change at least 7 days in advance by publishing it on the Online Store's website. In the case of Customers with an Account, they will be additionally informed about the changes along with a summary of them to the e-mail address they provided. Changes to the Regulations will not in any way infringe on the acquired rights of Customers who concluded a Sales Agreement before the date the changes came into force.
In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; the Act on the protection of personal data.
Any disputes arising between the Seller and a Customer who is a Consumer or an Entrepreneur with consumer rights shall be submitted to the courts having jurisdiction in accordance with the provisions of generally applicable Polish law.
Any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
An appendix to the Regulations is a model withdrawal form.

Appendix No. 1 to the Regulations – Model Withdrawal Form

(This form should be filled out and returned only if you wish to withdraw from the agreement)

To:
SCULPTOM Tomasz Kozioł
Wola Mędrzechowska 57
33-221 Mędrzechów, Poland
e-mail: info@kozin.store

Declaration

I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*):
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Date of agreement(*)/receipt(*): ....................................................................................................

Order number (optional): .............................................................................................

Name of consumer(s) / entrepreneur(s) with consumer rights: ...............................................................................................

Address of consumer(s) / entrepreneur(s) with consumer rights:
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Signature of consumer(s) / entrepreneur(s) with consumer rights (only if this form is notified on paper):
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Date: ......................................................

(*) Delete as appropriate.