Terms & Conditions
These Terms and Conditions set out, among other things, the rules for concluding sales contracts through the Store and contain the most important information about the Seller, the Store and Consumer rights.
TABLE OF CONTENTS
- § 1 Basic Information
- § 2 Definitions
- § 3 Use of the Store
- § 4 Goods and Pre-Contract Information
- § 5 Prices
- § 6 Placing an Order and Conclusion of the Contract
- § 7 Payments
- § 8 Delivery
- § 9 Right of Withdrawal
- § 10 Effects of Withdrawal
- § 11 Exceptions to the Right of Withdrawal
- § 12 Conformity of Goods with the Contract
- § 13 Remedies in the Event of Lack of Conformity of Goods
- § 14 Complaints
- § 15 Commercial Guarantees
- § 16 Alternative Dispute Resolution
- § 17 Personal Data
- § 18 Governing Law and Consumer Protection
- § 19 Final Provisions
Appendix No. 1: Model Withdrawal Form
§ 1. BASIC INFORMATION
- These Terms and Conditions set out the rules for the sale of Goods through the COBI.EU online store, in particular the rules for placing and fulfilling orders, making payments, delivery of Goods, withdrawal from the Contract, and submitting and handling complaints.
- The Seller is COBI S.A., with its registered office at ul. Jaskrów 11, 04-709 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000025310, Tax Identification Number (NIP) 9521783570, REGON 013276278, hereinafter referred to as “COBI” or the “Seller”.
- The Seller may be contacted:
- by email: contact@cobi.com;
- by telephone: +48 22 506 57 70;
- in writing: COBI S.A., ul. Jaskrów 11, 04-709 Warsaw, Poland.
- The address for returns and complaints concerning Goods is: COBI S.A., Magazyn detaliczny, ul. Wojska Polskiego 3, 39-300 Mielec, Poland, unless the Seller provides the Consumer with another address applicable to a particular return or complaint.
- These Terms and Conditions apply to the sale of Goods to Consumers within the territory of the European Union in those countries to which the Seller offers delivery.
- These Terms and Conditions have been prepared to provide Consumers with a uniform, enhanced standard of protection regardless of the European Union country in which the Consumer has their habitual residence.
- If mandatory provisions of law applicable to the Consumer grant the Consumer greater protection than that provided under these Terms and Conditions, those more favourable provisions shall apply.
§ 2. DEFINITIONS
- The terms used in these Terms and Conditions shall have the following meanings:
- COBI or Seller – COBI S.A.;
- Store – the online store operated by COBI at cobi.eu and its language versions;
- Buyer – a person purchasing Goods in the Store;
- Consumer – a natural person concluding a Contract for purposes which are predominantly outside their trade, business, craft or profession; if the law applicable to the Buyer also grants consumer protection to other persons, the provisions of these Terms and Conditions concerning Consumers shall apply to such persons to the extent required;
- Goods – movable items offered for sale in the Store;
- Contract – a contract for the sale of Goods concluded between COBI and the Buyer through the Store;
- Terms and Conditions – these COBI.EU Online Store Terms and Conditions;
- Account – an individual Store functionality made available to a registered user, if the Store enables the use of an Account.
§ 3. USE OF THE STORE
- To use the Store, a device with Internet access and an up-to-date web browser are required and, when placing an order, an active email address is also required.
- Browsing Goods and placing orders through the Store are free of charge.
- The Buyer is required to provide true and up-to-date information and to use the Store in accordance with the law and these Terms and Conditions.
- It is prohibited to provide unlawful content through the Store, undertake activities that interfere with its operation, or use the Store in a manner that infringes the rights of COBI or third parties.
- If COBI provides an Account, Newsletter, the possibility to post reviews or other additional electronic services, detailed rules for using such services may be set out in separate terms and conditions.
§ 4. GOODS AND PRE-CONTRACT INFORMATION
- COBI presents Goods in the Store in a manner that enables the Buyer to become familiar with their main characteristics before placing an order.
- Information concerning Goods presented in the Store constitutes an invitation to make an offer, unless expressly stated otherwise.
- Before placing an order, the Consumer is provided, in a clear and comprehensible manner, with the information required to make an informed purchasing decision, in particular information concerning:
- the main characteristics of the Goods;
- the Seller's details and contact methods;
- the total price;
- taxes and additional costs;
- delivery methods and costs;
- available payment methods;
- the expected delivery date;
- the right to withdraw from the Contract;
- COBI's liability for conformity of the Goods with the Contract;
- any commercial guarantee, if granted.
- Information concerning the Goods, including information on their safety, intended use, appropriate age group, method of use, required warnings and instructions, is provided to the Consumer to the extent required by applicable law, in particular on the relevant Goods page and on the Goods, their packaging or accompanying documentation, as appropriate to the requirements applicable to the particular Goods.
§ 5. PRICES
- Prices of Goods intended for Consumers are gross prices and include value added tax and other mandatory components of the price.
- Before placing an order, the Consumer is informed of the total amount payable, including the price of the Goods, taxes, delivery costs and other mandatory costs associated with the order.
- The Consumer is not required to bear any additional costs of which they were not properly informed before placing the order.
- The currency applicable to the order is indicated in the Store before the order is placed.
- If COBI announces a reduction in the price of Goods, the reference price shall be the lowest price applied by COBI to Consumers during the 30 days preceding the price reduction, unless the provisions applicable to the particular promotion require a solution more favourable to the Consumer.
§ 6. PLACING AN ORDER AND CONCLUSION OF THE CONTRACT
- In order to place an order, the Buyer:
- selects the Goods and their quantity;
- provides the information necessary to fulfil the order;
- selects an available delivery and payment method;
- reviews the order summary;
- accepts these Terms and Conditions;
- places the order using a function that clearly indicates that placing the order entails an obligation to pay.
- Before placing an order, the Buyer has the opportunity to check and correct the information entered.
- Immediately before placing the order, the Consumer is provided, in a clear and appropriately prominent manner, with the most important information concerning the order, in particular the main characteristics of the Goods and the total amount payable.
- Placing an order constitutes an offer by the Buyer to conclude a Contract with COBI.
- After receiving the order, COBI sends the Buyer confirmation of its receipt.
- The Contract is concluded when the Buyer receives confirmation that the order has been accepted for fulfilment, unless an earlier communication from COBI clearly indicates acceptance of the order.
- Confirmation of the conclusion of the Contract and information required by law are provided to the Consumer on a durable medium.
- The Contract is concluded in the language of the Store version through which the Consumer placed the order.
§ 7. PAYMENTS
- Available payment methods are indicated in the Store before the order is placed.
- COBI may make different payment methods available depending on the country to which the order is delivered.
- COBI shall not charge the Consumer a fee for using a particular payment method that exceeds the cost incurred by COBI in connection with the use of that payment method.
- If an order requires advance payment, the deadline and method of payment are indicated during the ordering process or in the order confirmation.
§ 8. DELIVERY
- Goods are delivered to the countries and territories indicated in the Store as available delivery destinations.
- Available delivery methods, their costs and the expected delivery time are indicated before the order is placed.
- COBI delivers the Goods without undue delay, within the agreed period and, if no specific period has been agreed, no later than 30 days after conclusion of the Contract.
- If an order includes Goods with different fulfilment times, COBI may deliver them together within the timeframe applicable to the Goods with the longest fulfilment time, provided that the Consumer has been informed accordingly.
- The risk of accidental loss of or damage to the Goods passes to the Consumer when the Consumer or a third party designated by the Consumer, other than the carrier, takes physical possession of the Goods.
- If the Consumer independently commissions transport from a carrier that was neither offered nor indicated by COBI, different rules regarding the transfer of risk arising from applicable law may apply.
§ 9. RIGHT OF WITHDRAWAL
- The Consumer may withdraw from a distance Contract within 14 days without giving any reason.
- In the case of a Contract concerning one item of Goods, the withdrawal period begins on the day on which the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the Goods.
- If several Goods, lots or pieces are delivered separately under one order, the period begins when the Consumer takes possession of the last item, lot or piece.
- To meet the deadline, it is sufficient to send an unequivocal statement of withdrawal from the Contract before the deadline expires.
- The Consumer may use the form provided in Appendix No. 1 to these Terms and Conditions, but is not required to do so.
- The Consumer may also use an electronic withdrawal function provided by COBI.
- Using the electronic withdrawal function does not restrict the possibility of submitting a withdrawal statement by any other permitted means.
- COBI shall promptly confirm receipt of an electronic withdrawal statement to the Consumer on a durable medium.
- If the Consumer has not been properly informed of the right of withdrawal, the period for exercising that right shall be extended in accordance with mandatory provisions of law and shall not be shorter than the period provided for under European Union law.
§ 10. EFFECTS OF WITHDRAWAL
- In the event of an effective withdrawal, the Contract shall be treated as not concluded to the extent resulting from applicable law.
- COBI shall reimburse the Consumer for all payments received from the Consumer, including the cost of the least expensive standard delivery method offered by COBI.
- If the Consumer selected a delivery method more expensive than the least expensive standard delivery method offered by COBI, COBI is not required to reimburse the additional costs resulting from that choice.
- Reimbursement shall be made without undue delay and no later than 14 days from the date on which COBI is informed of the Consumer's decision to withdraw.
- COBI shall make the reimbursement using the same means of payment as used by the Consumer, unless the Consumer has expressly agreed to another method that does not involve any additional costs for the Consumer.
- COBI may withhold reimbursement until it has received the Goods back or until the Consumer provides evidence of having sent the Goods back, whichever occurs first.
- The Consumer shall return the Goods without undue delay and no later than 14 days from the date of withdrawal from the Contract.
- The deadline is met if the Consumer sends the Goods back before the 14-day period expires.
- The Consumer shall bear the direct cost of returning the Goods if they were informed of this before conclusion of the Contract and COBI has not agreed to bear that cost.
- If, due to their nature, the Goods cannot normally be returned by post, the Consumer shall be informed before conclusion of the Contract of the cost of returning the Goods or provided with a reasonable estimate of that cost.
- The Consumer shall only be liable for any diminished value of the Goods resulting from handling them beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
§ 11. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
- The right of withdrawal does not apply in cases provided for by applicable law, in particular with regard to:
- Goods made to the Consumer's specifications or clearly personalised;
- Goods supplied in sealed packaging which are not suitable for return due to health protection or hygiene reasons if the packaging has been opened after delivery;
- Goods which, after delivery, due to their nature, have become inseparably mixed with other items.
- If an exception to the right of withdrawal applies to particular Goods, COBI shall inform the Consumer accordingly before conclusion of the Contract.
§ 12. CONFORMITY OF GOODS WITH THE CONTRACT
- COBI is liable to the Consumer for the conformity of the Goods with the Contract.
- The Goods conform to the Contract if, in particular, they:
- correspond to the description, type, quantity and quality specified in the Contract;
- have the functionality and other characteristics agreed with the Consumer;
- are fit for any particular purpose accepted by COBI;
- are fit for the purposes for which Goods of this type are normally used;
- have the quality, durability, functionality, compatibility and safety that the Consumer may reasonably expect;
- are supplied with the required accessories, packaging, instructions and information.
- COBI is liable to the Consumer for any lack of conformity of the Goods with the Contract that becomes apparent within 2 years from delivery of the Goods to the Consumer.
- If mandatory provisions of law applicable to the Consumer provide for a longer period of the Seller's liability for lack of conformity of the Goods with the Contract or otherwise grant the Consumer greater protection in this respect, those provisions shall apply.
- If a lack of conformity becomes apparent within 2 years from delivery, it shall be presumed in favour of the Consumer that the lack of conformity existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Goods or the nature of the lack of conformity.
- The Consumer is not required to report a lack of conformity within a specified short period after discovering it in order to retain the rights arising under these Terms and Conditions.
§ 13. REMEDIES IN THE EVENT OF LACK OF CONFORMITY OF GOODS
- In the event of a lack of conformity of the Goods with the Contract, the Consumer may request repair or replacement, at their choice.
- COBI may refuse the remedy chosen by the Consumer only if it is impossible or would involve costs that are clearly disproportionate compared with the alternative remedy, taking into account all circumstances of the case.
- Repair or replacement shall be carried out:
- free of charge;
- within a reasonable period;
- without significant inconvenience to the Consumer;
- at COBI's expense with regard to transport, materials and other costs necessary to bring the Goods into conformity.
- The Consumer shall make the Goods subject to repair or replacement available to COBI. COBI shall arrange collection of the Goods or reimburse the Consumer for reasonable costs of returning them.
- Before carrying out a repair or replacement, COBI shall inform the Consumer of their right to choose between repair and replacement and of the consequences of choosing repair for the period of COBI's liability for conformity of the Goods with the Contract, to the extent required by applicable law.
- If the Goods are repaired under COBI's liability for conformity of the Goods with the Contract, the period of COBI's liability shall be extended once by 12 months.
- The Consumer may request an appropriate price reduction or terminate the Contract in respect of the Goods if:
- repair or replacement is impossible;
- COBI has refused to bring the Goods into conformity;
- COBI has failed to bring the Goods into conformity within a reasonable period;
- the lack of conformity persists despite an attempt to repair or replace the Goods;
- the lack of conformity is sufficiently serious to justify an immediate price reduction or termination of the Contract;
- it is clear from the circumstances that COBI will not bring the Goods into conformity within a reasonable period or without significant inconvenience to the Consumer.
- The price reduction shall be proportionate to the decrease in the value of the Goods resulting from the lack of conformity.
- The Consumer may not terminate the Contract if the lack of conformity is minor, unless mandatory provisions applicable to the Consumer provide more favourable protection.
- Any amounts due to the Consumer as a result of a price reduction or termination of the Contract shall be reimbursed without undue delay and without additional costs to the Consumer.
§ 14. COMPLAINTS
- The Consumer may submit a complaint, in particular:
- by email to contact@cobi.com;
- in writing to: COBI S.A., Magazyn detaliczny, ul. Wojska Polskiego 3, 39-300 Mielec, Poland.
- To facilitate the handling of a complaint, it is recommended to provide:
- the order number;
- the Goods to which the complaint relates;
- a description of the problem;
- the requested resolution of the complaint;
- contact details.
- Providing the information indicated above is not a condition for validly submitting a complaint if COBI is able to determine the information necessary to handle it.
- COBI shall consider the complaint and provide the Consumer with a response no later than 14 days after receiving it.
- If mandatory provisions applicable to the Consumer provide for a shorter response period or consequences of failure to respond within the deadline that are more favourable to the Consumer, those provisions shall apply.
- Submitting a complaint is free of charge.
- COBI does not make acceptance of a complaint conditional upon presentation of the original packaging of the Goods if the packaging is not necessary for proper consideration of the complaint.
- Proof of purchase may be provided by any reliable means that makes it possible to establish that the Contract was concluded.
§ 15. COMMERCIAL GUARANTEES
- Goods may be covered by a voluntary commercial guarantee provided by the manufacturer, COBI or another guarantor.
- If a commercial guarantee has been granted, its terms and conditions shall be made available to the Consumer in a clear and comprehensible manner.
- A commercial guarantee is independent of COBI's statutory liability for conformity of the Goods with the Contract.
- Exercising rights under a commercial guarantee does not exclude, limit or suspend the Consumer's rights against COBI arising from these Terms and Conditions or mandatory provisions of law.
- If the terms of a commercial guarantee contained in an advertisement are more favourable to the Consumer than those contained in the guarantee statement, the more favourable terms shall apply.
- COBI shall provide Consumers with the European Union harmonised notice concerning the legal guarantee of conformity to the extent and in the manner required by applicable law.
§ 16. ALTERNATIVE DISPUTE RESOLUTION
- The Consumer may use available out-of-court methods for handling complaints and pursuing claims.
- COBI shall provide the Consumer with information about the competent alternative dispute resolution entity if such an obligation arises under the provisions applicable to the particular dispute.
- Using an alternative dispute resolution procedure does not deprive the Consumer of the right to pursue claims before a competent court.
§ 17. PERSONAL DATA
- The controller of Buyers' personal data is COBI S.A.
- Personal data is processed in particular for the purposes of concluding and performing the Contract, fulfilling COBI's legal obligations, handling complaints and returns, and protecting and pursuing claims.
- Detailed information concerning the processing of personal data, legal bases for processing, data retention periods, recipients of data and the rights of data subjects is provided in the Privacy Policy available in the Store.
- The rules concerning the use of cookies and similar technologies are set out in the Cookie Policy.
§ 18. GOVERNING LAW AND CONSUMER PROTECTION
- Contracts concluded through the Store shall be governed by Polish law, subject to paragraphs 2–4 below.
- The choice of Polish law shall not deprive the Consumer of the protection granted by mandatory provisions of the law of the country in which the Consumer has their habitual residence, where those provisions would apply in the absence of a choice of law.
- If mandatory provisions applicable to the Consumer grant greater protection than that provided for in these Terms and Conditions, including in particular:
- a longer period of the Seller's liability;
- a longer period during which the existence of a lack of conformity is presumed;
- more favourable rules concerning repair or replacement;
- more favourable rules concerning price reduction or termination of the Contract;
- a longer period for exercising a right;
- a shorter period for COBI to perform an obligation;
- additional legal remedies;
- No provision of these Terms and Conditions may be interpreted as excluding or limiting Consumer rights arising from provisions of law whose application cannot be excluded by contract.
- In the case of Buyers who are not Consumers, the applicable law and jurisdiction may be determined differently to the extent permitted by applicable law.
§ 19. FINAL PROVISIONS
- These Terms and Conditions are made available in a manner that enables them to be saved, stored and reproduced.
- The Consumer shall receive the terms of the concluded Contract on a durable medium to the extent required by applicable law.
- If any provision of these Terms and Conditions is found to be invalid, ineffective or non-binding on the Consumer, this shall not affect the validity of the remaining provisions.
- The relevant provisions of law shall apply in place of any invalid or non-binding provision.
- COBI may amend these Terms and Conditions in relation to services provided on a continuous basis only for justified reasons and while respecting Consumers' rights under applicable law. An amendment to these Terms and Conditions shall not affect sales Contracts concluded before the amendment enters into force, unless applicable law requires otherwise or the Consumer expressly agrees to a solution that is more favourable to them.
- These Terms and Conditions shall apply from: 17.09.2026