Terms & Conditions

I. DEFINITIONS

The below stated terms used in the Terms & Conditions shall have the following meaning:

  1. Cobra Wrap Art – means the company of Printylandia Leszek Frank, with the address of the headquarters: ul. Powstańców Śląskich 140/2, 35-315 Wrocław, Poland, entered into the National Court Register under KRS number of 8951672418, maintained by the District Court for Wrocław – Fabryczna – Commercial Court, with Tax Identification Number: 8951672418, REGON number: 020575860, contact telephone: +48 786 292 024, e-mail: contact@cobrawrapart.com, website: www.printylandia.pl;
  2. Online Shop – means the Online shop run by Cobra Wrap Art under the domain: www.cobrawrapart.com;
  3. Consumer – a natural person conducting a legal transaction with an entrepreneur, not related directly with the person’s economic or professional activity, shall be considered as the consumer in the light of the provisions of the Act of 23rd April 1964  – Civil Code (uniform text: Journal of Laws of 2014 item 121);
  4. Entrepreneur – entrepreneur in the light of the provisions of the Act of 23rd April 1964 – Civil Code (uniform text: Journal of Laws of 2014, item 121) shall mean a natural person, legal person and organizational unit, running an economic or professional activity on its own behalf;
  5. User – shall mean a user of the Internet, making use of the Online Shop;
  6. Authorized Reseller – means a User registered in the Online Shop, being an entrepreneur who, within the scope of its economic activity, offers services related to car wrapping;
  7. Customer – means the User who places the Order or Custom Order pursuant to the rules specified in this Terms & Conditions;
  8. Stock Design – means a readymade graphic design, saved and delivered as a bitmap or vector file;
  9. Custom Design – means a graphic design, performed according to instructions of the Customer, saved and delivered as bitmap or vector file;
  10. Digital Content – means products in the electronic format, including Stock Designs and Custom Designs
  11. Order – shall mean the order whose subject refers to the Stock Design;
  12. Custom Order – shall mean the order whose subject refers to the Custom Design;
  13. User Account – location on the Online Shop’s website, in which the Authorized Reseller has the possibility to place the Order;
  14. Payment Provider – means the institution intermediating in transferring payments for the Online Shop from the Customer to Cobra Wrap Art, that is, the company of PayPal Incwith the address of the headquarters: 2211 North First Street San Jose, California 95131, website: www.paypal.com;
  15. Terms & Conditions  – means the terms & conditions of the Online Shop.

 

II. GENERAL RULES

  1. These Terms & Conditions set forth the principles for Users to use the Online Shop, including, in particular, principles and terms of registering, placing and executing Orders/Custom Orders.
  2. The Terms & Conditions are continuously available at the website of the Online Shop in a manner that Users can access, reproduce and record their content.
  3. The Owner of the Online Shop is Cobra Wrap Art.
  4. The name of “Cobra Wrap Art”, any and all works provided as part of the Online Shop in the light of the Act of 04 February 1994 on Copyright and Related Rights (uniform text: Journal of Laws of 31.05.2006 as amended), including, in particular, a graphical appearance of the Online Shop, the logo of Cobra Wrap Art, elements of graphics, materials for downloading, contents and software as well as the database, are subject to legal protection, and their use by the User is forbidden, except for situations explicitly specified in the Terms & Conditions or when using the above mentioned subject matters of copyright and industrial property is on the basis of the explicit, written consent of Cobra Wrap Art or authorized third parties.
  5. The User may use the Online Shop via devices communicating with the Internet (computer, laptop, mobile phone, tablet), with the use of a web browser with enabled support for JavaScript and enabled support for cookie files.
  6. In order to use files with Stock Designs /Customer Designs, elements, referred to in clause II.5 of the Terms & Conditions, as well as a computer program for opening graphic files (e.g. bitmaps or vector files) will be required.
  7. Files with Stock Designs /Custom Designs are protected by the Cobra Wrap Art’s server provider.
  8. The Online Shop accepts the following payment methods
    –  payment by a transfer to the bank account of Cobra Wrap Art (refers to Custom Orders)
    – electronic payment and payment by credit card with the intermediary of the PayPal Payment Provider (refers to Stock Orders and Custom Orders)
  9. The Customer may communicate with the Online Shop:
    a) in writing – to the correspondence address: Cobra Wrap Art, Powstańców Śląskich 140/2, 35-315 Wrocław, Polan
    b) by telephone – at the telephone number of +48 786 292 024 (the cost of connection compliant with the operator’s tariff),
    c) by e-mail – at the e-mail address: contact@cobrawrapart.com

 

III. USER ACCOUNT REGISTRATION RULES

  1. The User Account registration is required exclusively from the User, being the entrepreneur, who within the scope of its economic activity, offers services related to car wrapping. The rules for registration depicted in this part of the Terms & Conditions refer exclusively to this group of Users.
  2. A prerequisite for the User to place the Order, referred to in clause III.1 of the Terms & Conditions, is a prior User Account registration (creating of the account).
  3. For the purpose of registering, the User fills in the registration form presented on the website of the Online Shop, providing all the data required in the form, in particular the e-mail address, personal data of the entity authorized to represent the company of the User, company data, contact data, tax identification number, verification document (e.g. invoice, company registration document). The User is obliged to provide data compliant with the actual status in the registration form.
  4. In the course of fulfilling the registration form, the User, selecting the appropriate option, declares that the User has acquainted itself with these Terms & Conditions, fully accepts their rules and undertakes to observe them.
  5. Filling in the registration form by the User means the application of the User for accepting the User to the group of Authorized Resellers of the Online Shop.
  6. Cobra Wrap Art reserves itself the right to reject the application of the User without stating any reason.
  7. After the registration form is filled in, Cobra Wrap Art conducts the verification of the User, after which, within 14 working days from the day on which the User filled in the form, Cobra Wrap Art sends to the e-mail address of the User stated in the registration form, information regarding the acceptance or rejection of the User’s application.
  8. In case when the application of the User is accepted, Cobra Wrap Art sends the User an e-mail, referred to in clause III.6 of the Terms & Conditions, with the password to the account, as a result of which the User receives the status of the Authorized Reseller and obtains the access to the User Account, where prices for Stock Designs are presented and the User has the possibility to place an Order.
  9. The Authorized Reseller may not render available the password to the Online Shop to any third parties.
  10. The account of the Authorized Reseller may be closed at the request of the Authorized Reseller without specifying any reasons. The Authorized Reseller shall send the application for closing the Account to the e-mail address: contact@cobrawrapart.com
  11. The Account of the Authorized Reseller may be closed at the request of Cobra Wrap Art in case of reporting that the Authorized Reseller violates the principles and obligations stemming from these Terms & Conditions. Cobra Wrap Art sends the information on closing the Account to the e-mail address of the Authorized Reseller stated in the registration form.
  12. Within 14 working days since obtaining from the Authorized Reseller or sending the Authorized Reseller an e-mail referring to the closing of the Account, Cobra Wrap Art closes the account and removes personal data of the Authorized Reseller, provided by the Authorized Reseller at the conducting of the registration, with the reservation that Cobra Wrap Art retains its right not to delete personal data the processing of which is related to the execution by Cobra Wrap Art its obligations imposed by the rules of law and enabling Cobra Wrap Art to seek potential claims from the Authorized Reseller.
  13. After closing the Account, the Authorized Reseller shall not have the possibility to place further Orders. The Order placed and not executed until the day of the Authorized Reseller’s Account closing, is binding for both Parties and it shall be executed.

 

IV. PLACING ORDERS (refers exclusively to Authorized Resellers)

  1. The User being the Authorized Reseller enjoys the option to place the order for the Stock Design (Order).
  2. All the prices for files with Stock Designs are stated in USD, without VAT. The website of the Online Shop presents wholesale prices and retail prices suggested by the Online Shop. The Authorized Reseller purchases the Stock Design at the wholesale price.
  3. Cobra Wrap Art reserves itself the right to change prices, conduct temporary promotions and discount campaigns.
  4. In order to place the Order, the Authorized Reseller, proceeding in compliance with the purchase procedure specified at the website of the Online Shop, places the selected Stock Design in a virtual shopping cart, and then places the Order clicking the “Proceed to PayPal” button.
  5. Having placed the Order, the Authorized Reseller is redirected to the external website of the Payment Provider and the Authorized Reseller conducts the payment for the Order selecting its preferred payment method.
  6. Having conducted the payment, the Authorized Reseller is redirected back to the website of the Online Shop on which Cobra Wrap Art presents the information certifying conducting the purchase by the Authorized Reseller, and subsequently Cobra Wrap Art renders the Stock Design available for the Authorized Reseller to be downloaded from the User Account.

 

V. PLACING CUSTOM ORDERS (refers to all the Users of the Online Shop)

  1. General rules.
    a) Each User enjoys the option to place the Order for a Custom Design (Custom Order).
    b) Users other than the Authorized Reseller may place Custom Orders without any requirements for a previous registration in the Online Shop.
  1. The price and payment terms
    a) Cobra Wrap Art establishes the price for the Custom Design after receiving from the User information on features to be demonstrated by the Custom Design, in compliance with the procedure defined in clause V.3.a-b of the Terms & Conditions.
    b) Prices for Custom Designs are stated in USD, including VAT or without VAT.
    c) Within 7 working days since concluding the contract for the execution of the Custom Order, the Customer shall pay Cobra Wrap Art an advance amounting to 50% of the price, referred to in the clause V.2.a of the Terms & Conditions.
    d) In case of a failure to execute the contract for reasons related to the Customer, Cobra Wrap Art shall have the right to withdraw from the contract and to retain the amount of the advance.
    e) In case of termination of the Contract, Cobra Wrap Art shall return the advance payment to the Customer.
    f) In case of the execution of the Custom Order by Cobra Wrap Art, the amount of the advance payment shall be set off against the price of the Custom Design.
    g) The Customer will pay the remaining 50% of the price of the Custom Design after the Custom Design is completed by Cobra Wrap Art.
  2. The procedure of placing custom orders
    a) In order to place a Custom Order, the User sends to Cobra Wrap Art, via the website of the Online Shop, the inquiry on the possibility to execute the Custom Order providing general information regarding the features of the Custom Design and its e-mail address.
    b) Cobra Wrap Art sends a message with supplementary questions to the e-mail address provided by the User within 7 working days from the day of the User’s submission of the inquiry, referred to in clause V.3.a of the Terms & Conditions.
    c) Within 7 working days since obtaining the User’s response to the message, referred to in clause V.3.b of the Terms & Conditions, Cobra Wrap Art sends the User an e-mail with a short summary with regard to features of the Custom Design ordered by the User, as well as the information on: the price of the Custom Design established on the basis of the work input necessary for its execution, the advance amount, the payment method and deadline for the payment of the advance, the method and deadline for the payment of the remaining amount due for the execution of the Custom Design, manner and deadline for the execution of the Custom Design. Cobra Wrap Art attaches these Terms & Conditions to the above mentioned message.
    d) Within 7 working days since obtaining the e-mail, referred to in clause V.3.c. of the Terms & Conditions, the Customer sends to Cobra Wrap Art an e-mail informing that he/she accepts all the terms of the Custom Design specified in the above mentioned message and places a Custom Order compliant with those terms, and furthermore the Customer declares that he/she has got acquainted itself with the wording of the sent Terms & Conditions and fully accepts its rules and undertakes to adhere to them.
    e) In case of no response of the Customer to the e-mail, referred to in clause V.3.b of the Terms & Conditions or/and the Customer’s failure to send the message, referred to in clause V.3.d of the Terms & Conditions, the Custom Order will be canceled.
    f) Within 2 working days since the day on which the Customer sends the e-mail, referred to in clause V.3.d of the Terms & Conditions, Cobra Wrap Art confirms by e-mail the receipt of the Custom Order. The contract is concluded at the moment when the Online Shop sends the Customer such information.
    g) In case when the Customer fails to pay the advance until the deadline, referred to in clause V.2.c of the Terms & Conditions, Cobra Wrap Art shall have the right to withdraw from the contract within 7 days since the day following the day until which the Customer has been obliged to pay the advance.
    h) Once the payment of the advance is accredited, Cobra Wrap Art starts the execution of the Custom Order.
  3. Execution of Custom Orders
    a) after the intiation of the Custom Order Execution, Cobra Wrap Art sends the Customer an e-mail with the first sketch of the Custom Design. The Customer sends a response message informing that it accepts the sketch or the Customer reports its remarks, after the consideration of which Cobra Wrap Art prepares and sends the Customer an e-mail with the second sketch of the Custom Design. The first sketch, and in case of the Customer’s remarks, the second sketch of the Custom Design constitutes the basis to perform the first version of the final Custom Design.
    b) Having prepared the first version of the final Custom Design, Cobra Wrap Art sends the first version to the Customer. If the Customer does not accept the first version of the final Custom Design, Cobra Wrap Art, having considered the Customer’s remarks, prepares and sends the Customer an e-mail with the second version of the final Custom Design. After the execution of the second version of the final Custom Design, the Custom Design is considered executed.
    c) In case when after the execution and sending the Customer an e-mail with the second sketch of the Custom Design or/and execution and sending the Customer an e-mail with the second version of the final Custom Design, the Customer demands further amendments to the sketch or/and final Custom Design, the Customer shall be obliged to pay Cobra Wrap Art additional remuneration. The demand of amending the final Custom Design may refer exclusively to conducting minor corrections.
    d) The Customer shall report its demand to conduct further amendments, referred to in clause V.4.c. of the Terms & Conditions, in the sketch of the Custom Design /final Custom Design within 2 working days from receipt of the e-mail.
    e) Before commencing to make the amendments, referred to in clause V.4.c of the Terms & Conditions, Cobra Wrap Art will send the Customer an e-mail informing the Customer about the requirement for the Customer to pay additional remuneration and the rate thereof. Cobra Wrap Art will undertake further works related to the design after the Customer sends an e-mail confirming that the Customer has been informed about the requirement to cover additional costs with regard to reporting further amendments and that the Customer gives its consent for the above mentioned costs.
    f) If the Customer does not report its demand to conduct further amendments until the deadline referred to in clause V.4.d of the Terms & Conditions, or in case when the Customer fails to send the confirmation that it has been informed about the requirement to cover additional costs with regard to reporting further amendments and that the Customer gives its consent for the above-mentioned costs within 2 working days since receiving the message, referred to in clause V.4.e of the Terms & Conditions, Cobra Wrap Art will not introduce further amendments to the sketch of the Customer Design or/and final Custom Design. In such case, the Custom Design shall be considered executed about which Cobra Wrap Art will inform the User by e-mail, also informing about the deadline for the Customer to pay the remaining 50% of the price for the design. In the case referred to in clause V.4.c, the above-mentioned amount shall be increased by the rate of the additional remuneration in relation to amendments conducted by Cobra Wrap Art in the sketch/final Custom Design.
    g) Within 2 working days since the payment, referred to in clause V.4.f of the Terms & Conditions is credited, Cobra Wrap Art will send the Customer an e-mail with a link to download the Custom Design. The link will be active for 14 days. If within this timeframe the Customer fails to download the Custom Design, Cobra Wrap Art will send the Customer, at the Customer’s request, a subsequent e-mail with the link enabling to download the Custom Design.

 

VI. USAGE OF DESIGN FILES 

  1. Any and all copyright in Stock Designs and Custom Designs are due exclusively to Cobra Wrap Art and are protected pursuant to the Act of 04 February 1994 on Copyright and Related Rights (uniform text in Journal of Laws of 31.05.2006 as amended), and the Customer enjoys the right to use Stock Designs and Custom Designs exclusively within the scope and according to the rules set forth in these Terms & Conditions.
  2. Cobra Wrap Art gives its consent for the Authorized Reseller to use the Stock Design/Custom Design exclusively to wrap one vehicle. It means that the Authorized Reseller may, within the scope of conducted activity, perform the service of car wrapping with the use of the Stock Design/Custom Design only once. The Authorized Reseller has the right to print the Stock Design/Custom Design exclusively for the purpose referred to in this clause of the Terms & Conditions.
  3. Irrespective of the right referred to in clause VI.2 of the Terms & Conditions, the Authorized Reseller may resell the Stock Design, on a single time basis, at the retail price suggested at the website of the Online Shop or set the price individually.
  4. The Authorized Reseller may modify the graphic design exclusively having obtained the acceptance of Cobra Wrap Art.
  5. In case of Custom Designs carried out for a Customer other than the Authorized Reseller, Cobra Wrap Art gives the Customer its consent to use the Custom Design exclusively for the purpose of wrapping one vehicle. The Customer enjoys the right to print the Stock Design/Custom Design exclusively for the purpose referred to in this clause of the Terms & Conditions.

 

VII. WITHDRAWAL FROM THE CONTRACT 

  1. The Customer being a Consumer has the right to withdraw from the distance contract within 14 days since the date of its conclusion, without stating any reasons. The withdrawal period expires after the passing of 14 days since the conclusion of the contract.
  2. In order to exercise its right to withdraw from the contract, the consumer needs to inform Cobra Wrap Art about its decision on withdrawing from the contract in the form of a clearly worded declaration in this regard. In order to meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercising of the right due to the Consumer to withdraw from the contract before the passing of the deadline to withdraw from the contract. The declaration on withdrawing may be submitted on the form, the template of which is presented in Attachment No. 1 to these Terms & Conditions. The Consumer may exercise the above mentioned right either by submitting a written declaration on withdraw and its sending by post to the address of the headquarter of Cobra Wrap Art – ul. Powstańców Śląskich 140/2, 35-315 Wrocław, Poland or by sending an e-mail with the declaration on withdrawal to the e-mail address of contact@cobrawrapart.com.If the Consumer submits the declaration on withdrawal from the contract by e-mail, Cobra Wrap Art will immediately send the Consumer a return e-mail with the confirmation of obtaining information on withdrawal from the contract.
  3. In case of the withdrawal from the contract, Cobra Wrap Art returns to the Consumer all the payments obtained from the Consumer, immediately, and in any case, not later than within 14 working days since the day on which the Consumer informed Cobra Wrap Art about its decision on executing its right of withdrawal. The returning of payments will be conducted with the same payment methods as those which were used for the initial transaction, unless the Consumer has expressly accepted an alternative solution. In any case, the Consumer shall not suffer any charges in relation to such returning.
  4. If the Consumer demanded the initiation of the Custom Design execution before the passing of the deadline to withdraw from the contract, in case of withdrawing from the contract after the above mentioned demand was filled, the Consumer shall be obliged to pay Cobra Wrap Art the amount proportional to the scope of the service provided until the moment when the Consumer informed Cobra Wrap Art about withdrawing from the contract. The form with the declaration of a request to initiate the execution the of Custom Design before the passing of the deadline to withdraw from the contract constitutes Attachment No. 2 to these Terms & Conditions.
  5. Cobra Wrap Art sends the Consumer the form, referred to in clause VII.4 of the Terms & Conditions, in an e-mail, referred to in clause V.3.c. If the Consumer intends to fill in the form, referred to in clause of the Terms & Conditions, the Consumer sends back the filled in form to Cobra Wrap Art in an e-mail, referred to in clause V.3.d of the Terms & Conditions. Cobra Wrap Art sends to the Consumer the information on reporting the request to initiate the Custom Design execution before the passing of the deadline to withdraw from the contract in an e- mail, referred to in clause V.3.f of the Terms & Conditions.
  6. Pursuant to the rules of Art. 38 item 1 of the Act of 30 May 2014 on Consumers’ Rights, the right to withdraw from the contract, referred to in clause VII.1 of the Terms & Conditions is not due to the Consumer in case of contracts for the provision of services, if the entrepreneur has provided the service in full with the explicit consent of the Consumer, who was informed before the initiation of the service provision that after the service provision by the entrepreneur the Consumer would lose its right to withdraw from the contract;
  7. Pursuant to the rules of Art. 38 item 3 of the Act of 30 May 2014 on Consumers’ Rights, the right to withdraw from the contract, referred to in clause VII.1 of the Terms & Conditions is not due to the Consumer in case of contracts the subject of which refers to a non-prefabricated item, manufactured according to the consumer’s specification or intended to meet its individualized needs.
  8. Pursuant to the rules of Art. 38 item 13 of the Act of 30 May 2014 on Consumers’ Rights, the right to withdraw from the contract, referred to in clause VII.1 of the Terms & Conditions is not due to the Consumer in case of contracts for the provision of digital contents which are not saved on a tangible medium if the provision of the service started upon an explicit consent of the Consumer before the passing of the deadline to withdraw from the contract and after the entrepreneur informed the Consumer about the loss of the right to withdraw from the contract.
  9. The form with the declaration on expressing the consent referred to in clause VII.4 of the Terms & Conditions and the consent referred to in clause VII.6 of the Terms & Conditions constitutes Attachment No. 3 to these Terms & Conditions. Cobra Wrap Art sends to the Consumer the above-mentioned form in an e-mail, referred to in clause V.3.c. of the Terms & Conditions. If the Consumer intends to fill in the form of the consent, the Consumer sends back a filled in form to Cobra Wrap Art in an e-mail, referred to in clause V.3.d of the Terms & Conditions. Cobra Wrap Art sends to the Consumer the information on the consent granted by the Consumer in the circumstances causing the loss of the right to withdraw from the contract in an e-mail, referred to in clause V.3.f of the Terms & Conditions.

 

VIII. COMPLAINTS

  1. The Customer has the right to lodge a complaint regarding the subject of the concluded contract.
  2. Complaints shall be reported by e-mail: contact@cobrawrapart.com or in writing by sending a letter to the headquarter of Cobra Wrap Art, that is, ul. Powstańców Śląskich 140/2, 35-315 Wrocław, Poland.
  3. The complaint shall include at least the name and surname, and in case of the company, the name, phone number and e-mail address of the Customer, used at the placing of the Stock Order/Custom Order, Stock Order/Custom Order number, the description of reported reservations together with the demand of the Customer related to the submitted complaint.
  4. Cobra Wrap Art will address the complaint with a reply within 14 calendar days since the day on which it obtained the complaint – by phone or by e-mail to the address specified by the Customer.

 

IX. PERSONAL DATA PROTECTION

  1. Personal data of Users will be processed by Cobra Wrap Art, as the administrator of personal data for the purpose of services provision by the Online Shop, as well as under the condition of obtaining the User’s consent, for marketing purposes related to the operation of Cobra Wrap Art. The processing of the collected data is conducted in compliance with the rules of the Act of 29 August 1997 on Personal Data Protection (Journal of Laws of 1997, No. 133, item 883 as amended) and the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002 No. 144, item 1204 as amended). The provision of the personal data by the User is voluntary.
  2. The User’s personal data may be made available to entities authorized to obtain them under binding provisions of law, including competent judicial authorities. Additionally, the User’s personal data may be also shared – within the necessary and required scope with third entities, including entities performing, at the order of Cobra Wrap Art, the activities related to the Contract concluded with the Customer, among others, entities intermediating in payments.
  3. Cobra Wrap Art guarantees the Users whose personal data it processes that the rights of the Users stemming from the Act on Personal Data Protection are executed, including the right to access the contents of their own personal data, the right to correct them and the right to inspect the processing of their own personal data according to the rules depicted in that Act.
  4. Within the scope of exercising the right to inspect the right of processing its own personal data, the User has, in particular, the right to file a written, substantiated demand to cease the processing of its data due to its specific situation, as well as to object against the processing of its data.
  5. Confidential information referring to Users, including personal data of Users are protected by Cobra Wrap Art against their rendering available to unauthorized persons, as well as other cases of their revealing or loss as well as against destruction or an unauthorized modification of specified data as well as information by the application of appropriate technical and organizational protection measures.

 

 X. COOKIE FILES POLICY

  1. Pursuant to the provisions of the Telecommunications Law Act of 16 July 2004 (Journal of Laws of 2004, No. 171, item 1800) we hereby inform that the Online Shop uses cookie files.
  2. Cookie files (so called “cookies”) constitute IT data, in particular text files, sent by the web server, which are stored in the User’s final device and they are intended to use the websites of the Online Shop. Cookies contain the name of the Website from which they come, the time of their storing in the final device and the unique number. Default parameters of cookie files allow to read the information contained in them only for the server that has created them.
  3. Cookie files are used for:
    a) adjusting the content of the websites of the Online Shop to the User’s preferences as well as the websites use optimizing; in particular, those files allow to recognize the User’s device and adequately display the Website adjusted to its individual needs;
    b) analytical and statistical (the analysis of Customers’ behaviors on the website of the Online Shop), marketing purposes as well as in order to adjust contents to individual needs of Customers;
    c) a correct configuration of selected functions of the Online Shop, enabling in particular the verification of the authenticity of the browser’s session;
    d) maintaining the session of the Online Shop User, thanks to which the User does not have to enter its login and password again at each sub-website of the service.
  4. In many cases the software intended to navigate websites (web browser) accepts by default cookie files storing in the User’s final device.

 XI. THE OPTION TO DEFINE TERMS FOR STORING AND OBTAINING ACCESS BY COOKIES

  1. The User may, by its own and at any time, change the settings for cookies specifying the conditions for cookies storage and their access to the User’s Device. Changes in the settings, referred to in the previous sentence, may be conducted by the User with the settings of the software installed in the User’s final telecommunication device or through configuration of the service. Such settings may be changed in particular in a manner blocking automatic use of cookies in the settings of the web browser or informing each time about the incorporation of cookies in the User’s device. Detailed information on the option and ways of using cookies are available in the software settings (web browser settings).
  2. Cookie files inserted in the User’s final device may be used additionally by advertisers and partners cooperating with Cobra Wrap Art.
  3. The User may at any moment remove cookies using the functions available in the web browser used by the User.
  4. Restricting the use of cookies may affect certain functionalities available on the website of the Online Shop.

 

 XII. FINAL RULES

  1. Cobra Wrap Art shall apply due diligence to ensure that the access to the Online Shop and the execution of the Order, in accordance with the Terms & Conditions, are executed correctly, however, with regard to the features of the internet network and computer equipment, independent of Cobra Wrap Art, Cobra Wrap Art does not guarantee unobstructed and uninterrupted access to the Online Shop.
  2. Cobra Wrap Art does not bear any liability for technical problems or technical limitations associated with the hardware used by the User (e.g. blockades, wrong software versions, antivirus software and others), which prevent the User from the access to the Online Shop and contact with Cobra Wrap Art in the course of the Stock Order/Custom Order execution, in particular Cobra Wrap Art shall not be liable for the User’s use of the Online Shop in a manner, which is not compliant with the provisions of these Terms & Conditions, and in particular in a manner, which is not compliant with the system requirements, referred to in clause II.5-6 of the Terms & Conditions.
  3. Cobra Wrap Art does not bear any liability for problems with placing and executing Stock Orders/Custom Orders if they have occurred as a consequence of events through no fault of Cobra Wrap Art and beyond its control, in particular in case of problems related to the functioning of services provided directly be entities intermediating in payment handling and in case of random events of the force majeure nature.
  4. Cobra Wrap Art shall not be liable for consequences of third parties gaining access to the User’s password.
  5. Cobra Wrap Art undertakes to continually make available the information on planned amending of the Terms & Conditions within 14 days before the panned amendment at the website of the Online Shop. Any amendment to the Terms & Conditions shall not apply to Contracts concluded before the new Terms & Conditions enter into force.
  6. The rules of the commonly binding Polish law, and in particular the provisions of the Act on Personal Data Protection, the Act on Provision of Electronic Services and the Act on Consumers’ Rights, with the reservation presented in clause XII.10, second sentence, of the Terms & Conditions, shall apply to matters not regulated herein.
  7. No provision of these Terms & Conditions is intended to infringe the Customer’s rights. Neither may it be interpreted in that manner, as in case of any incompliance of any part of the Terms & Conditions with the binding rules of law, Cobra Wrap Art declares its absolute subjugation to and application of the binding rules of law in lieu of the questioned rules of the Terms & Conditions.
  8. Disputes stemming from these Terms & Conditions with the Consumers having their place of residence in Poland may be settled through out-of-court methods for complaints handling and claims seeking, in particular by permanent consumer courts of arbitration at provincial inspectorates of the Commercial Inspection, in proceedings regarding cases of mediation conducted by the Commercial Inspection as well as in proceedings run by the European Consumer Center in Poland.
  9. In case of any disputes with Entrepreneurs, the court competent to investigate the dispute shall be the Polish court, and the law governing the assessment of the legal relationship between Cobra Wrap Art and the Entrepreneur shall be the Polish law.
  10. In case of any dispute with a Consumer from an EU country, the Consumer may bring the action before the Polish court or the court of the EU country, in which the consumer has its place of residence, whereas, Cobra Wrap Art may bring the action before the court of the EU country, in which the Consumer has its place of residence. The law governing the assessment of the legal relationship between Cobra Wrap Art and the Consumer shall be the Polish law, with the reservation that in case when the law of the EU country in which the Consumer has its habitual residence ensures protection higher than the Polish law, the governing law shall be the law of the EU country, in which the Consumer has its habitual residence.
  11. In case of a dispute with the Consumer from a non-EU country, the court competent to investigate the dispute shall be the Polish court, and the law governing the assessment of the legal relationship between Cobra Wrap Art and the Consumer shall be the Polish law, in so far as the above mentioned is not in contradiction with binding provisions of the international law and the law binding in the country of the Consumer.
  12. These Terms & Conditions shall enter into force as of 01.11.2016.

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