Terms and Conditions
The Agreement between the Buyer and the Seller may be concluded in one of two ways.
Before placing an order, the Buyer has the right to negotiate the terms of the agreement with the Seller, including modifications to the provisions of these Terms and Conditions. These negotiations should be conducted in writing and directed to the Seller’s address (Z Koptem Sp. z o.o., ul. Łokietka 46/1, 81-376 Sopot).
In the event that the Buyer decides not to negotiate the terms of the agreement individually, the following Terms and Conditions and relevant legal provisions shall apply.
TERMS AND CONDITIONS
§1 Definitions
Personal Data Administrator: Z Koptem Sp. z o.o.
ul. Łokietka 46/1
81-376 Sopot
NIP: 5851474404
Postal Address: The name of the individual or institution, location in the town or city (for towns and cities with street divisions: street, building number, apartment or unit number; for towns and cities without street divisions: town name and property number), postal code, and town or city.
Complaint Address: Z Koptem Sp. z o.o.
ul. Łokietka 46/1
81-376 Sopot
Delivery Pricing: The list of available delivery methods and their costs, found at https://kopyto.co/strona/dostawa.
Contact Information: Z Koptem Sp. z o.o.
ul. Łokietka 46/1
81-376 Sopot
email: sklep@kopyto.co
phone: +48 797 230 899
Personal Data: Any information relating to an identified or identifiable natural person. Information is not considered to identify a person if it requires disproportionate costs, time, or actions.
Sensitive Data: Personal data that includes information about racial or ethnic origin, political opinions, religious or philosophical beliefs, membership in a religious, party, or trade union, as well as data on health, genetic code, addictions, sexual life, criminal convictions, rulings, penalties, and other judgments issued in legal or administrative proceedings.
Delivery: The type of transportation service along with the carrier and cost as listed in the delivery pricing found at https://kopyto.co/strona/dostawa.
Proof of Purchase: An invoice, receipt, or electronic confirmation of purchase issued in accordance with the Value Added Tax Act of 11 March 2004, as amended, and other applicable legal provisions.
Product Page: A single subpage of the store containing information about an individual product.
Client: A legally competent adult, legal entity, or organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to their business or professional activity.
Civil Code: The Civil Code Act of 23 April 1964, as amended.
Code of Good Practices: A set of conduct rules, in particular ethical and professional norms, referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
Consumer: A legally competent adult making a purchase from the Seller not directly related to their business or professional activity.
Shopping Cart: A list of products compiled from the items offered in the store based on the Buyer’s selections.
Buyer: Both Consumer and Client.
Place of Delivery: The postal address or pickup point specified in the Buyer’s order.
Time of Delivery: The moment when the Buyer or a third party indicated by the Buyer takes possession of the item.
ODR Platform: The EU's online platform operating under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, available at https://webgate.ec.europa.eu/odr.
Payment: The method of payment for the subject of the agreement and delivery, listed at https://kopyto.co/strona/platnosci.
Authorized Entity: An entity authorized to settle consumer disputes out of court under the Act on Out-of-Court Settlement of Consumer Disputes of 23 September 2016, as amended.
Privacy Policy: The principles of processing personal data by the Personal Data Administrator, the rights of Buyers, and the obligations of the Personal Data Administrator, available at: zkopytem.eu/polityka-prywatnosci.
Consumer Law: The Act on Consumer Rights of 30 May 2014.
Product: The minimum and indivisible quantity of a thing that can be the subject of an order, specified as a unit of measurement when determining its price (price/unit).
Subject of the Agreement: The products and delivery that are the subject of the agreement.
Subject of the Service: The subject of the agreement.
Pickup Point: A location for the delivery of items other than a postal address, listed in the overview provided by the Seller in the store.
UOKiK Register: The register of authorized entities maintained by the Office of Competition and Consumer Protection under the Act on Out-of-Court Settlement of Consumer Disputes of 23 September 2016, as amended, available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council 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.
Thing: A movable item that may be or is the subject of the agreement.
Store: The online service available at www.kopyto.co, through which the Buyer can place an order.
Seller: Z Koptem Sp. z o.o.
ul. Łokietka 46/1
81-376 Sopot
NIP: 5851474404, REGON: 364408532
Registered and visible in KRS under number: 0000617134
ING BANK ACCOUNT: 22 1050 1070 1000 0090 3093 1837
System: A set of cooperating IT devices and software that ensures the processing and storage, as well as sending and receiving of data through telecommunication networks using the appropriate end device for the type of network, commonly referred to as the Internet.
Processing Time: The approximate average time for dispatch from the store’s warehouse, indicated on the product page in hours or business days.
Agreement: An agreement concluded outside the Seller’s business premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers, and a sales agreement within the meaning of Article 535 of the Civil Code of 23 April 1964 for Buyers.
Defect: Both physical and legal defects.
Physical Defect: The non-conformity of the item sold with the agreement, in particular if the item:
- does not have the properties that the item of this kind should have due to the purpose specified in the agreement or resulting from circumstances or its intended use;
- does not have the properties that the Seller assured the Consumer of;
- is not fit for the purpose for which the Consumer informed the Seller at the conclusion of the agreement, and the Seller did not raise an objection to such intended use;
- was delivered to the Consumer in an incomplete state;
- was improperly installed and activated, if these actions were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions provided by the Seller;
- does not have the properties that the manufacturer or its representative, or the person who markets the item in their business, assured of, unless the Seller did not know, and assessing reasonably, could not have known these assurances, or they could not have influenced the Consumer's decision to conclude the agreement, or if their content was corrected before the conclusion of the agreement.
Legal Defect: A situation where the item sold is owned by a third party or is encumbered with a third party’s right, as well as where the limitation in the use or disposal of the item results from a decision or ruling by a competent authority.
Order: The Buyer’s declaration of intent made through the store, specifying unambiguously: the type and quantity of products; the type of delivery; the type of payment; the place of delivery, and the Buyer’s data, aimed directly at concluding an agreement between the Buyer and the Seller.
§2 General Terms
- The agreement is concluded in the Polish language, in accordance with Polish law and these Terms and Conditions.
- The place of delivery must be within the territory of the Republic of Poland.
- The Seller is obliged and commits to providing services and delivering goods free from defects.
- All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). The prices of products do not include delivery costs, which are specified in the delivery pricing.
- All deadlines are calculated in accordance with Article 111 of the Civil Code, i.e., a deadline marked in days ends with the expiry of the last day, and if the beginning of the deadline marked in days is a certain event, the day on which that event occurred is not counted when calculating the deadline.
- Confirmation, provision, recording, securing of all essential provisions of the agreement to obtain access to this information in the future takes place in the form of: order confirmation by sending it to the specified email address: detailed order data, electronic payment confirmation, and proof of purchase (possibly a receipt if the Client chooses so), information on the right to withdraw from the agreement, a link to the store’s Terms and Conditions, a link to the withdrawal form template;
- The Seller informs about known warranties provided by third parties for the products available in the store.
- The Seller does not charge any fees for communication with him using remote communication means, and the Buyer bears the costs thereof in the amount resulting from the agreement concluded with the third party providing them with a specific service enabling remote communication.
- The Seller ensures the proper functioning of the store for Buyers using the system in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. Using third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, for the full functionality of the kopyto.co store, all of them should be turned off.
- The Seller adheres to the Code of Good Practices.
- The Buyer is obliged to: a. not deliver or transmit content prohibited by law, e.g., content that promotes violence, defames, or infringes personal rights and other rights of third parties; b. use the store in a manner that does not disrupt its functioning, in particular through the use of specific software or devices; c. refrain from actions such as: sending or posting unsolicited commercial information (spam) within the store; d. use the store in a way that is not burdensome for other Buyers and the Seller; e. use any content posted within the store only within the scope of personal use; f. use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of these Terms and Conditions, as well as with general principles of netiquette.
§3 Conclusion of the Agreement and Execution
- Orders can be placed 24 hours a day.
- To place an order, the Buyer should perform at least the following actions, some of which may be repeated multiple times: a. adding a product to the cart; b. choosing the type of delivery; c. choosing the type of payment; d. choosing the place of delivery; e. placing an order in the store by using the "I buy and pay" / "purchase with obligation to pay" button.
- The agreement with the Consumer is concluded upon placing the order.
- The Consumer’s order payable upon delivery is executed immediately, and the order payable by bank transfer or via the electronic payment system after the payment has been credited to the Seller’s account, which should occur within 3 days from placing the order unless the Consumer could not fulfill the obligation through no fault of their own and informed the Seller of this.
- The agreement with the Client is concluded upon the Seller’s acceptance of the order, which the Seller informs the Client of within 48 hours of placing the order.
- The execution of the Client’s order may be conditional upon the payment of the entire or part of the order value or obtaining a trade credit limit at least equal to the order value or the Seller’s consent to send the order on a cash on delivery basis.
- In the case of the Client choosing payment by bank transfer, electronic payment, or payment by card, the execution of the order will commence from the day the Seller’s bank account is credited.
- The item of the agreement is dispatched within the time specified on the product page, and for orders consisting of multiple products, within the longest time specified on the product pages. The deadline begins with the execution of the order.
- The purchased item of the agreement is sent together with the selected by the Buyer proof of purchase, by the chosen method of delivery to the place of delivery indicated by the Buyer in the order, along with the attachments referred to in §2 point 6b.
§4 Payments
- The entity providing online payment services for fast transfers is Blue Media S.A.
- Supported types of payment cards: Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic;
§5 Right to Withdraw from the Agreement
- Pursuant to Article 27 of the Consumer Rights Act of 30 May 2014, a Buyer who has concluded a distance agreement may withdraw from it without giving any reason and without incurring costs (subject to section 2) by submitting an appropriate declaration to the Seller within 14 (fourteen) days from the date of delivery of the subject of the agreement (ordered goods). The return/exchange form is available for download at www.kopyto.co/strona/zwroty-wymiany-i-reklamacje. To meet this deadline, it is sufficient to send the declaration along with the returned product and receipt before its expiry. Shipping to address: Ul. W. Łokietka 46/1, 81-736 Sopot.
- Cash on delivery shipments will not be accepted.
- The declaration of withdrawal may be submitted on the form (the template of which is the Return Form available for download at www.kopyto.co/strona/zwroty-wymiany-i-reklamacje). The declaration of withdrawal from the agreement may also be submitted in another form – in accordance with the provisions of the Consumer Rights Act.
- In the event of withdrawal from the Agreement, the Agreement is considered not concluded.
- The Seller is obliged to immediately, no later than within 14 days from the date of receiving the Buyer’s declaration of withdrawal from the agreement, refund the Buyer’s payments, minus the costs of delivering the goods.
- The Seller makes the refund using the same payment method that the Buyer used unless the Buyer expressly agreed to a different refund method that does not involve any costs for them.
- If the Seller has not offered to collect the item from the Buyer themselves, they may withhold the refund of payments received from the Buyer until the item is returned or the Buyer provides proof of its return, depending on which event occurs first.
- The Buyer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day they withdrew from the agreement. To meet the deadline, it is sufficient to send the item back before its expiry.
- The Buyer bears only the direct costs of returning the item, unless the Seller agrees to bear them.
- If the item was delivered to the Buyer’s place of residence at the time of concluding the agreement, the Seller is obliged to collect the item at their own expense if the nature of the item does not allow it to be returned by regular post.
- The Buyer is liable for any decrease in the value of the item resulting from its use beyond what is necessary to determine the nature, characteristics, and functioning of the item.
- The payment amount is calculated proportionally to the extent of the fulfilled obligation, considering the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled obligation.
- In the event of partial withdrawal from the agreement, i.e., withdrawal concerning individual items delivered according to the order, the above regulations apply accordingly.
- The Seller will make the refund using the same payment method;
- In the event of the need to refund funds for a transaction made by the client with a payment card, the Seller will refund the amount to the bank account assigned to the payment card of the Ordering Party.
- The Seller makes the refund using the same payment method that the consumer used, unless the consumer expressly agreed to a different refund method that does not involve any costs for them.
§6 Complaints
- All goods (except for the items marked as outlet or "from recovery") offered in the Z KOPYTEM store are new and are covered by the manufacturer's warranty. The warranty document is the sales document.
- At the time of receipt of the goods, the Buyer is obliged to check the condition of the shipment.
- The Seller is liable under the warranty if a physical defect is found before the expiry of 24 months from the day of delivery of the item to the Buyer who is a consumer.
- The claim of a Buyer who is a consumer for the removal of the defect or replacement of the item sold with a defect-free one becomes time-barred one year after the defect is discovered.
- A physical defect consists of the non-conformity of the item sold with the Agreement. In particular, the item sold is non-conforming with the Agreement if: a. it does not have the properties that the item of this kind should have, due to the purpose specified in the agreement or resulting from the circumstances or its intended use; b. it does not have the properties that the Seller assured the Buyer of, including by presenting a sample or model; c. it is not fit for the purpose for which the Buyer informed the Seller at the conclusion of the Agreement, and the Seller did not raise an objection to such intended use; d. it was delivered to the Buyer in an incomplete state.
- In the case of concluding an agreement with a Buyer who is a consumer, if a physical defect is found before the expiry of one year from the time of delivery of the item, it is presumed that it existed at the time the risk passed to the Buyer (the moment of receipt of the goods).
- The Seller is responsible to the Buyer if the sold item (individual item) is owned by a third party or is encumbered with a third party's right, as well as if the limitation in the use or disposal of the item results from a decision or ruling by a competent authority (legal defect).
- If the item has a defect, the Buyer who is a consumer may: a. submit a statement requesting a price reduction, b. submit a statement of withdrawal from the Agreement, c. demand the replacement of the product with a defect-free one, d. demand the removal of the defect.
- The Buyer may not withdraw from the Agreement if the defect is insignificant.
- The Buyer who is a consumer, exercising their rights under the warranty, is obliged at the Seller's expense to deliver the defective item to the address of Z KOPYTEM Sp. z o.o., and if, due to the nature of the item or the method of its installation, it would be excessively difficult for the Buyer to deliver the item, the Buyer is obliged to make the item available to the Seller at the location where the item is situated.
- The returned goods must be accompanied by an invoice or receipt and a completed complaint form, which is available for download in the "returns and complaints" tab. The form should specify which option the Client is interested in: repair of the item, replacement of the item, refund.
- The Seller shall respond to the Buyer's complaint within 14 (fourteen) days from the date of receiving the complaint. Otherwise, it is assumed that the Seller accepted the Buyer's statement or demand as justified.
- The Seller, in the case of the Buyer's request specified in point 9 a or b, may replace the defective item with a defect-free one or remove the defect, provided that it is done immediately and without excessive inconvenience to the Buyer.
- If, however, the item has already been replaced or repaired by the Seller, they are not entitled to replace the item or remove the defect.
- The Buyer who is a consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the item with a defect-free one, or instead of the replacement, demand the removal of the defect, unless bringing the item into conformity with the Agreement in the manner chosen by the Buyer is impossible or would involve excessive costs compared to the manner proposed by the Seller, considering the value of the defect-free item, the nature of the defect found, as well as the inconvenience to which the Buyer would be exposed by another method of satisfying the claim.
- The Seller may refuse to satisfy the Buyer's request if bringing the defective item into conformity with the Agreement in the manner chosen by the Buyer who is a consumer is impossible or, compared to the other possible manner of bringing the item into conformity with the Agreement, would involve excessive costs.
- In the case of a price reduction, the reduced price should be in such proportion to the price resulting from the agreement as the value of the item with the defect is to the value of the defect-free item.
- The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Buyer who is a consumer.
- In the event of pursuing one of the warranty rights in court or arbitration, the deadline for exercising other rights under the warranty provided for by law, which the consumer is entitled to under this title, is suspended until the final conclusion of the proceedings in this matter. The same rules apply to mediation, with the deadline for exercising other rights under the warranty, which the consumer is entitled to, beginning on the day the court refuses to approve the settlement reached before the mediator or the unsuccessful conclusion of the mediation.
- The deadline for exercising the rights under the warranty for legal defects of the sold item begins from the day on which the Buyer who is a consumer learned of the existence of the defect, and if the Buyer learned of the existence of the defect only as a result of a third party's action, from the day on which the ruling or decision issued in the dispute with the third party became final or definitive.
- If due to a defect of the sold item, the Buyer who is a consumer submitted a statement of withdrawal from the agreement or a price reduction, they may demand compensation for the damage suffered as a result of entering into the agreement without knowing about the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular, may demand reimbursement of the costs of entering into the agreement, the costs of receiving, transporting, storing, and insuring the item, the reimbursement of expenses made to the extent that they did not benefit from them and did not receive their reimbursement from a third party, and the costs of the process. The above regulation does not prejudice the generally applicable provisions on the obligation to repair damage on general principles.
- In the case of the Seller's fraudulent concealment of a defect, the expiry of the deadline does not exclude the rights under the warranty.
- The complaint address, i.e., the address for delivering or returning the complained goods, is: Ul. W. Łokietki 46/1, 81-736 Sopot.
- Complaints are processed no later than 14 days from the day the Seller receives the parcel with the complained goods.
- The generally applicable legal provisions regulating the institution of warranty for defects are found in the Civil Code of 23.04.1964, in Articles 556 et seq.
- The Seller will make the refund using the same payment method;
- In the event of the need to refund funds for a transaction made by the client with a payment card, the Seller will refund the amount to the bank account assigned to the payment card of the Ordering Party.
- The Seller makes the refund using the same payment method that the consumer used, unless the consumer expressly agreed to a different refund method that does not involve any costs for them.
§7 Privacy Policy and Personal Data Security
- The Personal Data Administrator is responsible for the lawful processing of personal data, and the principles for collecting, processing, and storing personal data, as well as the rights of Buyers related to their personal data.
- The Personal Data Administrator processes the personal data of Buyers based on consent and in connection with the legitimate interests of the Seller.
- The Personal Data Administrator collects and processes personal data only to the extent that it is justified by the contractual or legal obligation.
- The Buyer’s consent to the processing of personal data is voluntary, and consent to processing for a specific purpose may be withdrawn at any time.
- For the purposes of executing the Buyer’s order, the following personal data is collected: a. postal address – necessary to issue a proof of purchase; b. place of delivery – necessary for addressing the parcel; c. email – necessary for communication related to order fulfillment; d. phone number – Polish mobile – necessary for the available types of delivery in the store.
- Detailed solutions for the protection of personal data related to placing an order, as well as using the store before and after placing an order, are contained in the privacy policy.
- The entity providing online payment services for fast transfers is Blue Media S.A.
§8 Reviews in the Online Store
1.1. The Client of the Online Store has the opportunity to voluntarily and free of charge post a review regarding the purchases made in the Online Store.
1.2. The review may also include an assessment, photo, or review of the purchased product in the Online Store.
1.3. After making a purchase in the Online Store, the Seller sends an email to the Client asking for a review and a link to the online form enabling it – the online form allows the Client to respond to the Seller's questions about the purchase, rate it, add a description of the review, and a photo of the purchased product. If no review is provided after receiving the first invitation, the Seller will resend the invitation.
1.4. A review can only be submitted by a Client who made a purchase in the Seller’s Online Store.
1.5. Reviews submitted by Clients are published by the Seller on the Online Store and the TrustMate.io profile.
1.6. Reviews cannot be used by the Client for unlawful activities, in particular for actions that constitute an act of unfair competition against the Seller, or actions that violate personal rights, intellectual property rights, or other rights of the Seller or third parties.
1.7. Reviews can only be posted for actually purchased products in the Seller’s Online Store. It is prohibited to enter into fictitious/false sales agreements to post reviews. The author of the review cannot be the Seller or its employees, regardless of the basis of employment.
1.8. The review can be deleted by its author at any time.
§9 "Cheaper in a Set" Promotion
- When using the “Cheaper in a Set” promotion, the Client receives a 10% discount on two products forming a set.
- To qualify for the discount, a purchase must include one product from the “neckwear” category and any other product from the store – this defines a “set.”
- The 10% discount is applied in the cart after using the promotional code "ZESTAW" assigned to the promotion.
- The promotion applies to products from the "neckwear" collection purchased online.
- The promotion does not apply if part of the items in the set is returned.
- The promotion is valid until further notice or while supplies last.
- If a part of the “Cheaper in a Set” promotion products is returned, the refund will be adjusted by the regular price of the retained products.
- If the Client wishes to exchange an item, they should return it to us and place a new order with a payment obligation. This is the only way to “exchange” the product for another.
- Promotions do not combine.
§10 Final Provisions
- None of the provisions of these Terms and Conditions is intended to infringe the Buyer’s rights. It cannot be interpreted in this way, either, as in the event of any part of the Terms and Conditions being inconsistent with applicable law, the Seller declares absolute submission to and application of that law in place of the contested provision.
- Registered Buyers will be notified electronically (to the email provided during registration or order placement) of any changes to the Terms and Conditions and their scope. The notification will be sent at least 30 days before the new Terms and Conditions come into effect. Changes will be made to adapt the Terms and Conditions to applicable law.
- The current version of the Terms and Conditions is always available to the Buyer in the Terms and Conditions tab (https://kopyto.co/strona/regulamin). During the order processing and throughout the post-sales service period, the Buyer is bound by the Terms and Conditions accepted by them when placing the order, except in situations where the Consumer finds them less favorable than the current ones and informs the Seller of their choice of the current Terms and Conditions as applicable.
- In matters not covered by these Terms and Conditions, the applicable legal provisions shall apply. Disputes, if the Consumer so wishes, will be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or a court proceeding before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of out-of-court dispute resolution, such as through the EU online platform ODR or by selecting any authorized entity from the UOKiK register. The Seller declares the intention and expresses consent to out-of-court settlement of consumer disputes.
- In the last resort, the matter is resolved by the court competent for the Seller's location.
Version 1.7 (Sopot, 1.09.2024)