TABLE OF CONTENTS:
1. GENERAL PROVISIONS
1.1. The store available at www.cobrey.pl is operated by COBREY YACHTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered office and service address: Annopol 22b, 03-236 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000496649; registry court where the company documentation is kept: District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital: PLN 100,000; Tax Identification Number (NIP): 5361914089; REGON: 146770934 and email address: info@cobrey.pl, telephone number: +48 798 322 022.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Store, unless a specific provision of the Terms and Conditions provides otherwise.
1.3. The Seller is the controller of personal data processed in the Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data are processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the website www.cobrey.pl. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Store, including the grounds, purposes, and period of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Store. Using the Store is voluntary. Similarly, providing personal data by the Service User or Customer using the Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT (ACT) – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
1.4.2. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.3. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which legal capacity is granted by law; – who has entered into or intends to enter into a Sales Agreement with the Seller.
1.4.4. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
1.4.5. PRODUCT – a yacht model available in the Store, individually configured for the Customer, which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.6. REGULATIONS – these Store regulations.
1.4.7. STORE – the Service Provider’s store available at the following internet address: www.cobrey.pl.
1.4.8. SELLER – COBREY YACHTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered office and service address: Annopol 22b, 03-236 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000496649; registry court where the company documentation is kept: District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital of PLN 100,000; Tax Identification Number (NIP): 5361914089; National Business Registry Number (REGON): 146770934 and email address: info@cobrey.pl, telephone number: +48 798 322 022.
1.4.9. SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller.
1.4.10. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service.
1.4.11. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
2. CONDITIONS OF CONCLUDING A SALES AGREEMENT
2.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has individually configured the Product in consultation with the Seller, agreed upon the delivery date for the individually configured Product, and agreed upon the price of the Product.
2.2. The Product price displayed on the Store’s website is given in euros (EUR) and is net. The total price, including taxes, of the Product that is the subject of the Sales Agreement is indicated directly in the Sales Agreement. Shipping costs (including transportation and delivery charges) are agreed upon individually between the Seller and the Customer and are not subject to the Sales Agreement.
2.3. The Sales Agreement taking into account the individual yacht configuration, agreed delivery date, and Product price, is made available to the Customer at the Seller’s office or sent to the Customer by email. Signing of the Sales Agreement by the Customer and the Seller constitutes confirmation of the conclusion of the Sales Agreement. The content of the Sales Agreement is recorded and secured by the Seller and made available to the Customer.
2.4. The General Terms and Conditions of the Sales Agreement are contained in Appendix 2 to the Sales Agreement.
3. PAYMENT METHODS AND TERMS FOR THE PRODUCT
3.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
3.1.1. Payment by bank transfer to the Seller’s bank account.
3.1.2. Payments made from payment links.
3.1.3. imoje payments, processed by ING Bank Śląski S.A. with its registered office in Katowice.
3.1.4. Electronic payments and credit card payments via Revolut Merchant.
3.2. The payment deadline is specified in the Sales Agreement.
4. COST, METHODS AND DATE OF PRODUCT DELIVERY
4.1. Delivery of the Product to the Customer is not subject to the Sales Agreement and is individually agreed between the Customer and the Seller.
4.2. The Seller provides the Customer with the following methods of delivery or collection of the Product:
4.2.1. Free collection of the Product from the Seller’s registered office.
4.2.2. Delivery of the Product to a specified location worldwide after prior, individual agreement on the delivery method (sea and/or road transport) and delivery costs.
4.3. The Product delivery deadline is specified in the Sales Agreement.
5. COMPLAINT HANDLING PROCEDURE
5.1. The complaint handling procedure is described and included in the Warranty Terms and Conditions, which are issued to the Customer upon receipt of the Product and constitute an integral part of the Product Manual.
6. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
6.1. Detailed information regarding the possibility for Customers who are consumers to use out-of-court complaint and redress procedures and the rules for accessing 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.
6.2. The President of the Office of Competition and Consumer Protection also has a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or mailing address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose role is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes. 6.3. The consumer has the following examples of possibilities of using out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the Seller’s place of business); and (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (helpline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charges according to the operator’s tariff).
7. RIGHT OF WITHDRAWAL FROM THE CONTRACT
7.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in section 7.6 of the Terms and Conditions. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
7.1.1. in writing to the following address: ul. Annopol 22b, 03-236 Warsaw;
7.1.2. electronically via email to: info@cobrey.pl.
7.2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act. The consumer may use the template form, but it is not obligatory.
7.3. The period for withdrawal from the Sales Agreement begins on the date of conclusion of the Sales Agreement.
7.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
7.5 The Seller is obligated to refund all payments made by the consumer immediately, but no later than 30 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the contract.
7.6. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obligated to bear:
7.6.1. In the case of a Product whose performance – at the consumer’s express request – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after submitting such a request is obligated to pay for the partial performance of the Product by the Seller up to the time of withdrawal.
7.7. The consumer does not have the right to withdraw from a distance contract in the case of contracts:
7.7.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the Seller has performed the service, he will lose the right to withdraw from the contract, and has acknowledged this; (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 expires; (3) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – not prefabricated, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or with a short shelf-life; (5) in which the subject of the provision is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the provision are Products – movable items (including movable items with digital elements) – which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the performance with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the Seller has fulfilled the performance he will lose the right to withdraw from the contract, and the consumer has acknowledged this, and the Seller.
8. PROVISIONS REGARDING ENTREPRENEURS
8.1. This Section 9 of the Terms and Conditions and all provisions contained herein are addressed to, and therefore binding only, a Customer or Service Recipient who is not a consumer, and from January 1, 2026, and for contracts concluded from that date, who is not also a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, disclosed pursuant to the provisions on the Central Registration and Information on Business.
8.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims against the Customer.
8.3. The Seller’s liability under the warranty for the Product or for the lack of conformity of the Product with the Sales Agreement is excluded.
8.4. The Seller will respond to the complaint within 30 calendar days of its receipt.
8.5. 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.
8.6. The Seller’s liability towards the Customer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount paid under the Sales Agreement. The amount limitation referred to in the preceding sentence applies to all claims brought by the Customer against the Seller, including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement. The Seller is liable to the Customer only for typical damages foreseeable at the time of concluding the agreement and is not liable for lost profits.
8.7. Any disputes arising between the Seller and the Customer will be submitted to the court having jurisdiction over the Seller’s registered office.
9. FINAL PROVISIONS
9.1. Sales Agreements are concluded in Polish or English.
9.2. Amendments to the Terms and Conditions:
9.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, including: changes in legal provisions; changes in payment or delivery methods or dates; being subject to a legal or regulatory obligation; changes to the Products.
9.2.2. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.
9.3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
