PRIVACY POLICY – GDPR 2018

TABLE OF CONTENTS:

  1. GENERAL PROVISION
  2. GROUNDS FOR DATA PROCESSING
  3. PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE
  4. DATA RECEIVERS IN THE ONLINE STORE
  5.  PROFILING IN THE ONLINE STORE
  6. THE RIGHT OF A PERSON WHO THE DATA CONCERNS
  7.  COOKIES IN THE ONLINE STORE, OPERATIONAL DATA AND ANALYTICS
  8.  FINAL PROVISIONS

1.GENERAL PROVISIONS

1.1. This Online Store privacy policy is informative, which means that it is not a source of obligations for Customers or Customers of the Online Store. The privacy policy contains primarily rules for the processing of personal data by the Administrator in the Online Store, including the basics, purposes and scope of processing personal data and the rights of data subjects, as well as information on the use of cookie files and analytical tools in the Online Store.

1.2 The administrator of personal data collected via the Online Store is LUDMIŁA SZEWCZUK conducting business under the name of KOSMOS LUDMIŁA SZEWCZUK entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for economy, having: address of the place of business and address for delivery: UL.PARKOWA 63A / 1 81-770 SOPOT, NIP 5861768745, REGON 381461007, e-mail address: HELLO@TUKOSMOS.COM, contact telephone number: +48794011354 – hereinafter referred to as the “Administrator” and being at the same time the Online Store Service Provider and the Seller.

1.3 Contact details of the Data Protection Officer appointed by the Administrator:

ALEKSANDRA SZEWCZUK hello@tukosmos.com TEL:+48794011354. 

1.4. Personal data in the Online Store is processed by the Administrator in accordance with applicable law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (general regulation on data protection) – hereinafter referred to as “RODO” or “RODO Regulation”. The official text of the RODO Regulation: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679

1.5. Using the Online Store, including making purchases is voluntary. Similarly, the provision of personal data by the User using the Online Store is voluntary, subject to two exceptions: (1) entering into agreements with the Administrator – failure to comply in cases and in the scope indicated on the Online Store website and in the Online Store Regulations and this privacy policy personal data necessary to conclude and execute the Sales Agreement or contract for the provision of Electronic Services with the Administrator results in the inability to conclude this contract. Providing personal data is in this case a contractual requirement and if the data subject wants to conclude a given agreement with the Administrator, he is obliged to provide the required data. Each time, the scope of data required to conclude the contract is indicated previously on the Online Store website and in the Online Store Regulations; (2) statutory duties of the Administrator – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing an obligation on the Administrator to process personal data (eg data processing for the purpose of keeping tax or accounting books) and failure to provide them will prevent the Administrator from performing these duties.

1.6. The Administrator exercises special diligence to protect the interests of persons whose personal data they process concerns, and in particular is responsible and ensures that the data collected by him is: (1) processed in accordance with the law; (2) collected for specified, legitimate purposes and not subject to further processing incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) kept in a form that permits identification of persons whom they concern, no longer than it is necessary to achieve the purpose of processing, and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures.

1.7. Taking into account the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with different probabilities and seriousness of risk, the Administrator implements appropriate technical and organizational measures to process in accordance with this Regulation and to be able to prove it. These measures shall be reviewed and updated where necessary. The administrator uses technical measures to prevent the acquisition and modification by unauthorized persons of personal data sent electronically.

1.8 All words, expressions and acronyms appearing in this privacy policy and starting with a capital letter (eg Seller, Online Shop, Electronic Service) should be understood in accordance with their definition contained in the Online Store Regulations available on the Online Store website.

2. GROUNDS FOR DATA PROCESSING

2.1 The Administrator is authorized to process personal data in cases where – and to the extent to which – at least one of the following conditions is met: (1) the data subject has consented to the processing of his personal data in one or more specified goals; (2) processing is necessary for the performance of a contract to which the data subject is party or take action at the request of the data subject prior to the conclusion of the contract; (3) processing is necessary to fulfill the legal obligation of the Administrator; or (4) processing is necessary for purposes arising from legitimate interests pursued by the Administrator or by a third party, except when the interests or fundamental rights and freedoms of the data subject, requiring the protection of personal data, prevail over those interests , in particular when the data subject is a child.

2.2. Processing of personal data by the Administrator requires each time at least one of the grounds indicated in point. 2.1 privacy policy. The specific grounds for processing the personal data of Service Users and Clients of the Online Store by the Administrator are indicated in the next section of the privacy policy – in relation to a given purpose of personal data processing by the Administrator.

3. PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE

3.1. Each time, the purpose, basis, period and scope of, and recipients of personal data processed by the Administrator results from actions taken by a given Customer or Client in the Online Store. For example, if the Customer decides to make purchases in the Online Store and selects a personal collection of the purchased Product instead of a courier parcel, his personal data will be processed in order to execute the concluded Sales Agreement, but they will no longer be made available to the carrier performing the shipment at the request of the Administrator.

3.2. The Administrator may process personal data in the Online Store for the following purposes, on the following grounds, in periods and in the following scope:

 

 

 

 

 

The purpose of processing data

Implementation of the Sales Agreement or contract for the provision of Electronic Services or taking action at the request of the data subject, before concluding the above agreements

Legal basis for processing and the period of data storage

Article 6 paragraph 1 lit. b) RODO Regulations (performance of the contract)

The data is stored for the period necessary to implement, terminate or otherwise terminate the concluded contract.

Range of processed data

Maximum range: name and surname; e-mail address; contact phone number; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / seat (if different from delivery address). In the case of Clients or Customers who are not consumers, the Administrator may additionally process the company’s name and tax identification number (NIP) of the Customer or Customer. The scope is maximum – in the case of a personal collection, it is not necessary to provide the delivery address.

Establishment, investigation or defense of claims that may be raised by the Administrator or which may be raised against the Administrator

Article 6 paragraph 1 lit. f) Regulations of the GDPR 

The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than during the period of limitation of claims against the data subject, due to the business activity conducted by the Administrator. The limitation period is defined by the law, in particular the Civil Code (the basic period of limitation for claims related to running a business is three years, and for a contract of sale two years).

First name and last name; contact phone number; e-mail address; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / seat (if different from delivery address). In the case of Clients or Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Customer or the Customer.

 4. DATA RECEIVERS IN THE ONLINE STORE

4.1 For the proper functioning of the Online Store, including for the implementation of Sales Agreements concluded, it is necessary for the Administrator to use the services of external entities (such as, for example, software vendor, courier or payment service provider). The administrator uses only the services of such processors who provide sufficient guarantees to implement the appropriate technical and organizational measures, so that the processing meets the requirements of the Regulation of the GDPR and protects the rights of the data subjects.

4.2 The data transfer by the Administrator is not in each case and not to all indicated in the privacy policy of recipients or categories of recipients – the administrator provides data only when it is necessary for the purpose of processing personal data and only to the extent necessary to achieve it. For example, if the customer uses a personal collection, his data will not be transferred to the carrier cooperating with the Administrator.

4.3. Personal data of Customers and Customers of the Online Store may be transferred to the following recipients or categories of recipients:

4.4 carriers / forwarders / courier brokers – in the case of a Customer who uses the Online Store for the delivery of the Product by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier, forwarder or agent performing the shipment at the request of the Administrator to the extent necessary to carry out the delivery Product to the customer.

4.5 entities handling electronic payments or by credit card – in the case of the Customer who uses the online store with electronic payment or payment card The administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store at the request of the Administrator to the extent necessary to handle payments made by customer.

4.6 lenders / lessors – in the case of the Customer who uses the online store payment method in the installment system or leasing payment, the Administrator provides the Customer’s collected personal data to the selected lender or the lessor supporting the above payments in the Online Store at the request of the Administrator to the extent necessary to service the payment made by a client.

4.7 suppliers of the opinion polling system – in the case of the Customer who agreed to express an opinion on the concluded Sales Agreement, the Administrator provides the Customer’s collected personal data to a selected entity providing a system of surveys expressing the concluded Sales Agreement in the Online Store at the request of the Administrator to the extent necessary to express an opinion by the Customer using a system of opinion polls.

4.8 service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to conduct business activities, including the Online Store and Electronic Services provided via it (in particular a computer software provider to run an Online Store, an e-mail and hosting provider and a software supplier) company’s management and providing technical assistance to the Administrator) – the Administrator provides the collected personal data of the Customer to a selected supplier acting on his behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

4.9 providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular accounting office, law firm or debt collection company) – the Administrator provides the collected personal customer data to a selected supplier acting on his behalf only in the case and to the extent necessary the purpose of data processing in accordance with this privacy policy.

5.PROFILING IN THE ONLINE STORE

5.1 The GDPR Regulation imposes an obligation on the Administrator to inform about automated decision-making, including profiling referred to in art. 22 ust. 1 and 4 of the Regulation of the GDPR, and – at least in these cases – relevant information about the rules for their adoption, as well as the significance and envisaged consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this section of the privacy policy.

5.2 The Administrator may use profiling for direct marketing purposes in the Online Store, but the decisions made on the basis of it by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a rebate, sending a rebate code, reminding about unfinished purchases, sending a Product proposal that may correspond to the interests or preferences of a given person, or offering better terms compared to the standard offer of the Online Store . Despite profiling, a given person makes a free decision whether he will want to use the rebate received in this way, or better conditions and make a purchase in the Online Store.

5.3 Profiling in the Online Store is based on an automatic analysis or forecast of a given person’s behavior on the Online Store website, eg by adding a specific Product to the shopping cart, browsing a specific Product page in the Online Store, or by analyzing the previous history of purchases in the Online Store. The condition of such profiling is the Administrator having personal data of a given person in order to be able to send it, eg a rebate code.

5.4 The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and has legal effects or substantially affects the person.

6. THE RIGHT OF A PERSON WHO THE DATA CONCERNS

6.1. Right of access, rectification, restriction, deletion or transfer – the data subject has the right to request the Administrator to access his personal data, rectify them, remove (“the right to be forgotten”) or limit processing and has the right to raise objections to processing and has the right to transfer your data. Detailed conditions for the exercise of the abovementioned rights are indicated in art. 15-21 of the GDPR Regulation.

6.2 Right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to Article 6 paragraph 1 letter a) or art. 9 par. 2 lit. a) Regulation of the GDPR), it has the right to withdraw consent at any time without affecting the legality of the processing, which was made on the basis of consent before its withdrawal.

6.3 The right to lodge a complaint to a supervisory body – a person whose data is processed by the Administrator, has the right to lodge a complaint to the supervisory body in the manner and mode specified in the provisions of the Regulation of the GDPR and Polish law, in particular the Act on the Protection of Personal Data. The supervisory body in Poland is the President of the Office for Personal Data Protection.

6.4 Right to object – the data subject has the right to object at any time – for reasons related to his particular situation – to the processing of his personal data based on art. 6 par. 1 lit. e) (public interest or tasks) or f) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the administrator may no longer process such personal data unless he demonstrates the existence of valid legally valid grounds for processing that override the interests, rights and freedoms of the data subject or the grounds for determining, investigating or defending claims.

6.5 Right to object to direct marketing – if personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of his personal data for such marketing purposes, including profiling, to the extent in which the processing is related to such direct marketing.

6.6 In order to exercise the rights referred to in this point of the privacy policy, you can contact the Administrator by sending a relevant message in writing or by e-mail to the Administrator’s address indicated at the beginning of the privacy policy or using the contact form available on the Online Store website.

7. COOKIES IN THE ONLINE STORE, OPERATIONAL DATA AND ANALYTICS

7. Cookies (cookies) are small text information in the form of text files, sent by the server and saved on the side of the person visiting the website of the Online Store (eg on the hard drive of the computer, laptop or on the smartphone’s memory card – depending on which devices are used by visitors to our Online Shop). Detailed information about cookies as well as the history of their creation can be found, among others here: http://en.wikipedia.org/wiki/City.

7.2. The Administrator may process data contained in Cookies when users use the Online Store for the following purposes:

identification of the Registered Users as logged in to the Online Store and showing that they are logged in; memorizing Products added to the basket in order to place an Order; remembering data from completed Order Forms, surveys or login details to the Online Store; adjusting the content of the Online Store’s website to the individual preferences of the Service Recipient (eg regarding colors, font size, page layout) and optimizing the use of Online Store websites; keeping anonymous statistics showing how to use the Online Store website; remarketing, this is research on the behavior of visitors to the Online Store through anonymous analysis of their activities (eg repeated visits to specific websites, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their expected interests, also when they visit other websites on the Google Inc. Display Network and Facebook Ireland Ltd.

7.3 By default, most web browsers available on the market accept cookies by default. Everyone has the possibility to define the terms of using cookies using the own browser’s settings. This means that you can, for example, partially restrict (eg temporarily) or completely disable the option of saving cookies – in the latter case, however, it may affect some functionalities of the Online Store (for example, it may not be possible to pass the order path through the Order Form due to for not memorizing the Products in the basket during the next steps of placing the Order).

7.4 Browser settings in the scope of cookies are important from the point of view of consent to the use of cookies by our online store – in accordance with the law, such consent can also be expressed through the settings of the web browser. In the absence of such consent, the browser’s settings in the field of cookies should be changed accordingly.

7.5 Szczegółowe informacje na temat zmiany ustawień dotyczących plików Cookies oraz ich samodzielnego usuwania w najpopularniejszych przeglądarkach internetowych dostępne są w dziale pomocy przeglądarki internetowej oraz na poniższych stronach (wystarczy kliknąć w dany link):

in the Chrome browser

in the Firefox

browser in Internet Explorer

in the Opera browser

in the Safari browser

in the Microsoft

Edge browser

7.6. The Administrator may use the Google Analytics services provided by Google Inc. in the Online Store. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA) and from the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland). These services help the Administrator analyze the traffic in the Online Store. The data collected is processed as part of the aforementioned services in an anonymised way (these are so-called operating data that prevent the identification of a person) to generate statistics helpful in administering the Online Store. These data are aggregate and anonymous in nature, i.e. they do not contain identification features (personal data) of visitors to the Online Store. Administrator using the above services in the Online Store collects such data as the source and medium of obtaining visitors to the Online Store and how to store them on the Online Store website, information on devices and browsers from which they visit the website, IP and domain, geographic data and demographic data (age , sex) and interests.

7.7 It is possible to easily block Google Analytics from sharing information about its activity on the Online Store website – you can install the browser plug-in provided by Google Inc. available here: https://tools.google.com/dlpage/gaoptout?hl=en

8. FINAL PROVISIONS

The Online Store may contain links to other websites. The administrator urges that after switching to other websites, read the privacy policy established there. This privacy policy applies only to the Administrator’s Online Store.

 

TERMS

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
  4. WAYS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DELIVERY TIME AND RECEIPT
  6. PRODUCT COMPLAINTS 9 FOR SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014
  7. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND INVESTIGATING  CLAIMS AND RULES OF ACCES TO THESE PROCEDURES
  8. RIGHT TO WITHDRAW  FROM THE AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. PERSONAL DATA IN THE ONLINE STORE
  11. FINAL PROVISIONS

The WWW.TUKOSMOS.COM Online Shop takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.

  1. GENERAL PROVISIONS
    1. The Online Shop is available at WWW.TUKOSMOS.COM Is run by ALEKSANNRA SZEWCZUK conducting business activity under the name of KOSMOS LUDMIŁA SZEWCZUK entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for economy, having: address of place of activity and delivery address: UL. PARKOWA 63A / 1, 81-770 SOPOT NIP 5861768745, REGON 381461007, e-mail address: HELLO@TUKOSMOS.COM, telephone number: +48794011354
    2. These Regulations are addressed both to consumers and to entrepreneurs using the Online Store (with the exception of point 9 of the Regulations, which is addressed only to entrepreneurs).
    3. The Administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes within the scope and on the basis of the principles and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily rules for the processing of personal data by the Administrator in the Online Store, including the basics, purposes and scope of processing personal data and the rights of data subjects, as well as information on the use of cookie files and analytical tools in the Online Store. Using the Online Store, including making purchases is voluntary. Similarly, the provision of personal data by the User using the Online Store or the Customer is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
    4. Definitions:
      1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
      2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
      3. ORDER FORM – An Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
      4. CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants to legal capacity; – who has concluded or intends to conclude a Sale Agreement with the Seller.
      5. CIVIL CODE – Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
      6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s IT system in which data collected by the Service Recipient and information about Orders placed in the Online Store are collected.
      7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all recipients of the Service to automatically receive from the Service the cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
      8. PRODUCT – products available in the Online Store that are the subject of the Sales Agreement between the Customer and the Seller.
      9. REGULATIONS – these regulations of the Online Store
      10. ONLINE STORE – the Service Provider’s online store is available at the Internet address: WWW.TUKOSMOS.COM
      11. DEALER; SERVICE PROVIDER – LUDMIŁA SZEWCZUK conducting business activity under the name of KOSMOS LUDMIŁA SZEWCZUK entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business and address for delivery: ul. Parkowa 63A / 1 81-770 Sopot, NIP 5861768745, REGON 381461007, e-mail address: hello@tukosmos.com, telephone number: +48794011354
      12. SALES AGREEMENT – Product sales contract concluded or concluded between the Customer and the Seller via the Online Store
      13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store
      14. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants to legal capacity; – using or intending to use the Electronic Service. 
      15. ACT ON CONSUMER RIGHTS, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended)
      16. ORDER – Customer’s declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
    1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter. Account – using the Account is possible after completing three consecutive steps by the Service User – (1) completing the Registration Form, (2) clicking the “Create Account” field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the given address electronic mail. In the Registration Form it is necessary for the Customer to provide the following data of the Service Recipient: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: HELLO@TUKOSMOS.COM or in writing to: ULICA PARKOWA 63A / 1 81-770 SOPOT, POLAND
        1. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: HELLO@TUKOSMOS.COM or in writing to: ULICA PARKOWA 63A / 1 81-770 SOPOT, POLAND
      1. Order Form – the use of the Order Form begins with the Customer adding the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps – (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form “Order with the obligation to pay” – up to that moment it is possible to modify the entered data independently ( to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sale Agreement: Product (s), amount of Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
        1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and terminates when the Order is placed via it or when the Ordering Party ceases to place the Order through it. 
      2. Newsletter – the use of the Newsletter follows after giving the e-mail address in the “Newsletter” tab visible on the Online Store website, to which further editions of the Newsletter are to be sent and clicking the “Subscribe” box. You can subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – once the Account is created, the Customer is subscribed to the Newsletter.
        1. The Electronic Newsletter service is provided free of charge for an indefinite period. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shopname@shopname.com or in writing to: White Road 3c apartment 5, 82-200 For example.

    2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 11.0 and above or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript support in the web browser.

    3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The recipient is prohibited from providing unlawful content.

    4. Procedure of complaint proceedings:

      1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points 6 and 7 of the Regulations), the Client may submit, for example:

      2. in writing to the following address: ulica Parkowa 63A / 1 81-770 Sopot, POLAND 

      3. in electronic form via e-mail to the following address: HELLO@TUKOSMOS.COM;

      4. It is recommended that the Customer provide the following in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Customer’s request; and (3) contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

      5. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission. 

  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

    1. the Sale Agreement between the Customer and the Seller is revised after the Customer has placed an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Regulations. 

    2. The Product price shown on the Online Store website is given in Polish Zlotys, Euro, Dollars and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal charges) and other costs, and if it is impossible to determine the amount of these fees – about the obligation to pay, the Customer is informed on the Online Store pages when placing an Order, including when the Customer wishes to be bound by the Sales Agreement.

    3. The procedure of concluding a Sales Agreement in the Online Store using the Order Form

      1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point. 2.1.2 of the Regulations. 

      2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation shall take place by sending by the Seller an e-mail address provided at the time of placing the Order e-mail address, which contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

    4. Consolidation, security and making available to the Customer the content of the Sales Agreement concluded by (1) providing these Regulations on the Online Store website and (2) sending the e-mail message referred to in point. 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

  4. WAYS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

    1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:

      1. Payment in cash on a personal collection.

      2. Payment by bank transfer to the Seller’s bank account.

        1. Bank: Idea Bank

        2. In the store you can pay in usd, pln, gbp or euros

          Number of bank accounts for payments in PL71 1950 0001 2006 0073 9920 0001 IEEAPLPA

      3. Electronic payments and credit card payments via the tpay.com website – possible current payment methods are specified on the Online Store website in the “Payment methods and types of shipments” tab and on the website http://www.tpay.comSettlements for transactions by electronic payments and payment cards are carried out in accordance with the Customer’s choice via tpay.com. The service of electronic payments and payment cards is provided by:

          1. tpay.com – the company KRAJOWY INTEGRATOR PŁATNOŚCI S.A. with registered office in Poznań (address: ŚW. MARCINA 73/6, 61-808 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 00004123357, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, capital share in the amount of PLN 4,494,980 in full paid, NIP: 777-30-61-579.
    2. Date of Payment
      1. If the Customer chooses cash payment on personal collection, payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 2 calendar days from the date of the Sale Agreement. 
  5. COST, METHODS AND DELIVERY TIME AND RECEIPT
    1. Product delivery is available on the territory of Poland, the United States, the European Union: France, Germany, England, Italy, Portugal, Spain, the Czech Republic, Slovakia, Belgium and Switzerland. If the customer wishes to ship to an unnamed country, he or she needs to contact the store by e-mail hello@tukosmos.com or by phone +48794011354 where the shipping method and cost will be determined individually.
    2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the “Delivery costs” tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
    3. The Customer’s personal collection of the Product is free.
    4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
      1. Postal package recommended
      2. Courier shipment
      3. Personal collection available at: ul. Parkowa 63A / 1 81-770 For example – on Working Days, from 9:00 to 17:00 or after individually setting the date and time of receipt on +48794011354
    5. The time of delivery of the Product to the Customer is up to 7 Business Days in Poland, unless a shorter or longer period is given in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, can not exceed 21 Business Days. The beginning of the delivery of the Product to the Customer counts as follows:
      1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account
    6. The deadline for the Product to be picked up by the Customer – if the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different dates of readiness for collection, the deadline for receipt is the longest given date, which, however, can not exceed 10 Business Days. The Customer will be additionally informed about the readiness of the Product by the Seller by sending an appropriate e-mail to the Customer’s e-mail address provided during the Ordering. The start of the Product’s ready-to-pick up period counts as follows:
      1. f the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
      2. If the Customer chooses cash in personal collection – from the date of the Sale Agreement.
  6. PRODUCT COMPLAINT
    1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular in the Civil Code (in particular, Articles 556-576 of the Civil Code).
    2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller’s liability due to a Product defect and Customer’s rights are set out on the Online Store website in the “Complaints and Returns” tab.
    3. The complaint may be submitted by the Customer, for example:
      1. In writing to the following address: ul. Parkowa 63A / 1 81-770 Sopot, Poland
      2. In electronic form via e-mail to the following address: hello@tukosmos.com;
    4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) request a way to bring the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complaining party – this will facilitate and accelerate the complaint handling by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
    5. The Seller shall respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. If the customer who is a consumer has demanded the replacement or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced and the seller did not respond to the request within 14 calendar days, it is considered that the request was justified .
    6. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: ulica Parkowa 63A / 1 81-770 Sopot, Poland. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If due to the type of the Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
  7. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
    1. Detailed information on the possibility of the Client using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

    2. A contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Plac Powstańców Warszawy 1, Warsaw.) Also operates at the President of the Office of Competition and Consumer Protection. Its task is, inter alia, to provide assisting consumers in matters relating to the out-of-court resolution of consumer disputes.

    3. The Consumer has the following exemplary possibilities of using out-of-court complaint and redress solutions: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl/); (2) a motion regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) help from the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (call center in working days, 8:00 – 18:00, connection fee according to the operator’s tariff).

    4. An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a contractual obligation arising from an online sales contract or a service agreement (more information on the platform website itself or at the Internet address of the Office of Competition and Consumer Protection) : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

  8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
    (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To comply with the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the contract may be made, for example:
      1. In writing to the following address: ulica Parkowa 63A / 1 81-770 Sopot, Poland;
      2. in electronic form via e-mail to the following address: hello@tukosmos.com;
      3. The exception of non-return is when the customer orders an individual, tailored to him and at his request a product.
    1. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store website in the “Withdrawal from the contract” tab. The consumer can use the form template, but it is not mandatory.
    2. The period for withdrawing from the contract begins to run:
      1. For a contract whereby the Seller issues a Product, being obliged to transfer its ownership (eg a Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him, other than the carrier, and in the case of a contract which: (1) many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period – from taking possession of the first Product;
      2. for other contracts – from the date of conclusion of the contract.
    3. In the event of withdrawal from a distance contract, the contract is considered void.
    4. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return all payments made to him, including the delivery of the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not entail any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until receipt of the Product or delivery by the consumer of proof of his return, depending on which event occurs first.
    5. The consumer is obliged to immediately, no later than within 14 calendar days from the day on which he withdrawn from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that he will pick up the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer can return the Product to the following address: ulica Parkowa 63A / 1 81-770 Sopot, Poland.
    6. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
    7. Possible costs related to the consumer’s withdrawal from the contract that the consumer is obliged to incur:
      1. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the consumer additional costs incurred by him:
      2. The consumer bears direct costs of returning the Product.
      3. In the case of a Product being a service whose performance – at the express request of the consumer – started before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled benefit.
    8. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
      1. (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer who has been informed before the provision that he will lose the right to withdraw from the contract after the performance of the service by the Seller; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the object of the service is a non-prefabricated Product, manufactured according to the consumer’s specification or serving to satisfy his individual needs; (4) in which the object of the service is a product that is quickly deteriorating or has a short shelf-life; (5) in which the object of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sale Agreement, and which delivery may take place only after 30 days and whose value depends on the fluctuations on the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to him for urgent repair or maintenance; if the Seller provides additional services other than those required by the Consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in relation to additional services or Products; (9) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for delivery of digital content that is not recorded on a tangible medium if the performance commenced with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
  9. PROVISIONS CONCERNING ENTREPRENEURS
    1. This section of the Regulations and the provisions contained herein apply only to Clients and Service Users who are not consumers.
    2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
    3. In the case of customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
    4. Upon the release of the Product by the Seller, the carrier shall pass to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
    5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
    6. According to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
    7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Service Recipient.
    8. Liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs under the Sales Agreement, however, not more than up to one thousand zlotys. The Service Provider / Seller is liable towards the Service Recipient / Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient / Customer who is not a consumer.
    9. Any disputes arising between the Seller / Service Provider and the Client / Service User who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider
  10. FINAL PROVISIONS
    1. Agreements concluded via the Online Shop are concluded in English.
    2. Amendments to the Regulations:
      1. The Service Provider 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 to which these changes affect the implementation of the provisions of these Regulations.
      2. In case of concluding on the basis of these Regulations continuous contracts (eg providing Electronic Service – Account), the amended regulations bind the Customer if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change in the Regulations would result in the introduction of any new fees or increase in the existing Customers who is a consumer has the right to withdraw from the contract.
      3. In the case of concluding agreements of a different nature from continuous contracts (eg a Sales Agreement), amendments to the Regulations will not in any way affect the acquired rights of Customers / Customers who are consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not impact on already placed or placed Orders and concluded, implemented or executed Sales Agreements.
    3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sale Agreements concluded from December 25, 2014 with customers who are consumers – the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
  11. MODEL FORM OF WITHDRAWING FROM THE AGREEMENT(ANNEX NUMBER 2 TO THE STATUTORY LAW ON CONSUMER RIGHTS)

A model withdrawal form

(this form should be filled in and returned only if you wish to withdraw from the contract)

–    Addressee

KOSMOS LUDMIŁA SZEWCZUK
ULICA PARKOWA 63A/1 81-770 SOPOT
HELLOO@TUKOSMOS.COM
TEL. +48794011354

–   Me (Name and surname) (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the delivery of the following items (*) contract for the work consisting in performing the following things (*) / for the provision of the following service ( *)

– Date of conclusion of the contract (*) / receipt (*)

–    Imię i nazwisko konsumenta(-ów)

–   Name and surname of the consumer (s)

–    Signature of the consumer (s) (only if the form is sent in a paper version)

–    Date

(*) Delete as applicable.