Terms and Conditions.

PART I — GENERAL PROVISIONS

§ 1. Scope of the OWZ and Seller’s details

1. The Seller is KOKON PRO spółka z ograniczoną odpowiedzialnością, with its registered office in Wrocław, entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0001260139, Tax Identification Number (NIP) 8993065864 and National Business Registry Number (REGON) 545468238, hereinafter referred to as the “Seller”. For matters relating to orders, complaints and withdrawal from the Contract, please contact: kontakt@kokonpro.com.

2. These General Terms and Conditions for Orders, hereinafter referred to as the “OWZ”, set out the rules governing the sale of Kokon Pro products (a) through the online store available at kokonpro.com, hereinafter referred to as the “Store”, and (b) on the basis of individual Offers prepared by the Seller.

3. The OWZ comprise Part I (general provisions), Part II (terms applicable to Consumers), Part III (terms applicable to Business Customers), Part IV (final provisions) and the Annexes. Parts I, II and IV apply to Consumers. Parts I, III and IV apply to Business Customers. The provisions of Part III do not apply to Consumers.

4. A natural person conducting a sole proprietorship who enters into a contract directly related to that business, but which is not of a professional nature for that person (as determined, in particular, by the scope of the person’s business activity), benefits from the protection afforded to Consumers to the extent provided by law. Such a person should inform the Seller before entering into the Contract that the purchase is not of a professional nature; however, the Seller shall not make entry into the Contract conditional on such a declaration.

5. If there is any doubt as to the Buyer’s status, the applicable law and the actual nature of the purchase shall be decisive, rather than the designation selected in the order form.

6. Consumers and Business Customers are jointly referred to as the “Buyer” and individually in accordance with the definitions in § 2.

7. Language: the OWZ and Contracts are concluded in Polish. The Seller may provide translations for information purposes only. In the event of any discrepancy, the Polish-language version shall prevail.

§ 2. Definitions and order of precedence

1. Consumer — a natural person who enters into a legal transaction with the Seller that is not directly related to that person’s business or professional activity, as well as a person referred to in § 1(4).

2. Business Customer (also referred to as the “Contracting Party” in Part III) — a natural person, legal person or organisational unit for whom entry into the Contract is of a professional nature.

3. Product — a Kokon Pro product specified in the Store or in an Offer, in particular a product from the Floor, Wall Barrier, Wall Panel or Top range. Custom Product — a Product manufactured or cut to the parameters agreed with a particular Buyer.

4. Offer — a document or message from the Seller specifying at least the Product, quantity, price and basic terms of fulfilment. Order — a declaration by the Buyer of its intention to purchase, submitted through the Store or on the basis of an Offer.

5. Product Documentation — the product data sheet, technical data sheet, installation instructions, label, classification, test report or other written information current for a particular SKU and provided by the Seller or made available at kokonpro.com.

6. Business Day — any day from Monday to Friday, excluding public holidays in Poland. Durable Medium — a medium that allows information to be stored and reproduced, such as an email or PDF file.

7. In sales to Business Customers, the following order of precedence applies in the event of any conflict: (a) the individual contract, (b) the Order acceptance confirmation and the Offer together with its specification, (c) the Product Documentation with respect to technical matters, and (d) the OWZ. In sales to Consumers, no provision of the Contract or the OWZ may restrict any rights granted to the Consumer by mandatory law.

§ 3. Product characteristics

1. Kokon Pro Products are materials intended for the applications specified for the relevant SKU. The core of selected Products is made from rebond polyurethane foam manufactured from recovered PUR foam production offcuts.

2. The rebond manufacturing process results in natural variations in colour and in the distribution and size of foam particles between batches, boards and different sections of the same board. These characteristics do not constitute a defect provided that they do not restrict the Product’s agreed or obvious intended use and are consistent with the Product description, Product Documentation or an approved sample.

3. Dimensions, thickness, density, weight, layered construction and tolerances are assessed in accordance with the Product description, the Offer and the Product Documentation applicable to the particular SKU. Parameters stated for one variant must not be attributed to another variant, thickness, density or batch.

4. A Product is neither a complete building system nor a structural component. It does not replace a load-bearing layer, waterproofing, vapour barrier, fire protection, finishing layer or structural design unless a particular function has been expressly confirmed in the Product description, Offer or Product Documentation.

5. Rebond foam absorbs water. Products must not be used on damp or moisture-affected substrates, in areas exposed to water or in wet rooms unless a design solution protects the material from moisture.

6. A Product must not be used in a partition or assembly that is required to achieve a particular fire-resistance or reaction-to-fire classification unless that requirement has been met and documented for the complete installed system. The Product must be protected from fire, sparks, high temperatures and sources of ignition.

§ 4. Selection, preparation and installation

1. The Buyer, designer or installer is responsible for selecting the complete system, assessing the existing partition, meeting structural and fire requirements, and ensuring the compatibility of associated materials, unless the Product description, Offer or individual arrangements expressly provide otherwise. The Seller does not provide installation services under these OWZ. This provision does not exclude the Seller’s liability for the Product’s conformity with the Contract, including the accuracy of installation instructions where supplying such instructions forms part of the Contract.

2. Installation must be carried out in accordance with the Product Documentation, the documentation provided by the manufacturers of the floor covering, adhesive, boards, profiles and fixings, and accepted building practice. If there is any conflict or uncertainty, work must be suspended and clarification obtained before the Product is incorporated into the works.

3. Before cutting or installation, check the Product name and variant, quantity, format, thickness, visible condition and consistency of the batch with the Order. Incorporating the Product into the works does not exclude rights relating to latent defects or any liability that cannot lawfully be restricted.

Basic guidance for the product ranges

4. The substrate or supporting structure must be dry, stable, load-bearing, clean and prepared for the relevant system. Service penetrations, edges and junctions with adjacent partitions must be detailed to minimise gaps and acoustic bridges.

5. Any departure from the instructions, change to the layer build-up or use of the Product outside its intended application requires assessment by an appropriately qualified designer. Written confirmation from the Seller is required if the Buyer intends to rely on a specific parameter declared by the Seller.

§ 5. Acoustic performance and technical information

1. The Product is one component of a partition or flooring system. On its own, it does not guarantee complete soundproofing or any specific result in an existing building.

2. Final performance depends in particular on the type and frequency of noise, the construction of the wall or floor slab, flanking transmission paths, windows, doors, ventilation, building services, the type and number of facing layers, the airtightness of junctions and the quality of workmanship. Covering or filling only part of a partition will usually reduce effectiveness significantly.

3. A result expressed in dB, Rw, ΔRw, Ln,w, ΔLw, an absorption coefficient or any other indicator forms part of the Contract only where the Product description, Offer or Order confirmation expressly guarantees it and refers to testing or calculations for the identical Product and complete system.

4. General descriptions, visualisations, calculators, sales responses and installation guidance are provided for information only. They do not replace a site survey, building design, structural assessment or acoustic design. Where a specific parameter is required, the Buyer should obtain a design prepared for the particular building.

5. Failure to achieve a subjectively expected level of quiet does not in itself constitute a Product defect if the Product conforms to the Contract and a specific result was not agreed as guaranteed.

6. Thermal parameters and other additional properties may be attributed only to the SKU and variant for which they are expressly declared in the Product Documentation.

§ 6. Custom Products and samples

1. A Custom Product is manufactured once the Buyer has approved a clear specification containing, as applicable, the SKU, thickness, density, format, quantity, layered construction, tolerances, packaging method and any parameters requiring specific confirmation. For Business Customers, the specification template is set out in Annex 2.

2. The Seller may make fulfilment conditional on the production and approval of a sample or on confirmation that the Buyer has waived a sample. Approval applies only to the characteristics identified for assessment and does not mean that every board or roll will have an identical particle distribution or colour.

3. The Buyer is responsible for the accuracy of the dimensions, quantities and parameters it provides. The Seller shall draw attention to any obvious inconsistencies in the specification if it notices them, but is not required to verify information supplied by the Buyer.

4. Before placing an Order for a Custom Product, a Consumer is informed that the right of withdrawal does not apply to a contract for goods that are not prefabricated and are made to the Consumer’s specifications or clearly personalised (see § 11(8)).

§ 7. Electronic services and personal data

1. The Seller provides the following electronic services free of charge: browsing the Store’s offering; placing Orders without creating an account or, where this function is available, through a customer account; a contact form; and a newsletter, only with separate consent. These services may be discontinued at any time by ceasing to use the Store, closing the account or unsubscribing from the newsletter using the link in the message or by emailing kontakt@kokonpro.com.

2. Technical requirements: a device with internet access, an up-to-date browser with JavaScript and cookies enabled, and an active email address.

3. It is prohibited to submit unlawful content to the Store or to use the Store in any manner that interferes with its operation, including by means of automated data-extraction tools.

4. Complaints concerning the operation of the Store may be sent to kontakt@kokonpro.com. The Seller will consider them within 14 days of receipt and respond to the Buyer on a Durable Medium.

5. The Seller is the controller of personal data. The rules governing the processing of personal data, including the legal bases, purposes, retention periods and the rights of data subjects, are described in the Privacy Policy available at kokonpro.com.

PART II — TERMS APPLICABLE TO CONSUMERS

Part II applies exclusively to Consumers. It does not restrict any rights granted to Consumers by mandatory law.

§ 8. Orders and formation of the Contract

1. Information about Products in the Store constitutes an invitation to enter into a contract. A Consumer places an Order in the Store by selecting the Product and variant, quantity, delivery and payment method, providing the required details, and confirming the Order using the button marked “Order and pay” or an equivalent label that clearly indicates an obligation to pay.

2. After the Order has been placed, the Seller confirms its receipt by email to the address provided. The Contract is formed when the Seller confirms acceptance of the Order for fulfilment, unless the Store expressly states otherwise.

3. For Products whose price or delivery cost cannot be calculated in the Store, such as large Orders, Custom Products or deliveries outside standard delivery areas, the Seller will prepare an individual quotation. The quotation will state the total price, including taxes and delivery costs, and its validity period. The Contract is formed once the Consumer accepts the quotation and the Seller confirms it.

4. If the Seller is unable to accept all or part of an Order, for example because the Product is unavailable, it will inform the Consumer without delay and refund any amount paid no later than 14 days thereafter.

5. The content of the Contract, including the OWZ and Order details, is recorded and provided to the Consumer on a Durable Medium, in particular in the Order-confirmation email.

6. The Consumer is responsible for the accuracy of the details and delivery address provided in the Order. An Order may be changed or cancelled after the Contract has been formed and before fulfilment begins by contacting kontakt@kokonpro.com. This does not restrict the right of withdrawal under § 11.

§ 9. Prices and payment

1. Prices in the Store are stated in Polish złoty (PLN) or euros (EUR) and include VAT. The Product price does not include delivery costs, which are shown in the basket before the Order is placed or in the individual quotation referred to in § 8(3).

2. Payment is made using the payment methods available at the Store checkout (Shopify) or, for an individual quotation, by the method specified in the quotation or pro forma invoice. The Seller does not charge the Consumer a fee for selecting a particular payment method unless it has expressly informed the Consumer of that fee before the Order is placed.

3. The Seller issues an invoice or other sales document in accordance with the law. Where the Consumer has provided the relevant consent, invoices may be sent electronically to the email address stated in the Order. Without such consent, the invoice will be delivered in another permitted form.

4. If the Consumer fails to pay by the date stated in the Order or quotation, the Seller may demand payment and, if the additional period set for payment expires without payment being made, withdraw from the Contract to the extent permitted by law.

§ 10. Delivery

1. Because of the dimensions of the Products, delivery is made primarily as a pallet shipment and, where appropriate, as a parcel shipment, through a courier or carrier. Collection in person is available only where expressly confirmed by the Seller.

2. The indicative time for preparing and dispatching a standard Order is normally 5–7 Business Days; delivery time depends on the carrier. The fulfilment time for large Orders and Custom Products is stated in the Store, quotation or Order confirmation. If no other period is stated, the Seller will deliver the Product without undue delay and no later than 30 days after the Contract is formed.

3. Delivery costs depend on the shipment dimensions, number of consignments and delivery address, and are disclosed to the Consumer before the Contract is formed. International delivery is available only to countries and on terms confirmed by the Seller before the Contract is formed.

4. The Consumer must provide the correct address, ensure vehicle access and arrange for an authorised person to be present to receive the delivery. Unloading, carrying goods into the premises and internal handling are not included in the delivery price unless the Store or quotation states otherwise.

5. The risk of accidental loss of or damage to the Product passes to the Consumer when the Product is delivered to the Consumer. Until that time, the Seller bears the risk.

6. Receipt of the shipment. The Consumer is advised to check the number of consignments and the condition of the packaging in the presence of the courier or carrier and, if visible damage is found, to prepare a damage report and photograph the damage. Failure to take these steps does not deprive the Consumer of statutory rights relating to non-conformity or rights under transport law, but may make it more difficult to establish what occurred.

7. If the Seller fails to deliver on time for reasons for which it is responsible, the Consumer may set an additional period for delivery and, if that period expires without delivery, withdraw from the Contract in accordance with applicable law.

8. The Product must be stored in a dry, covered and ventilated place on a stable surface and protected from water, moisture, dirt, UV radiation, fire, high temperatures, chemicals, mechanical damage and permanent deformation.

§ 11. Right of withdrawal

1. A Consumer who has entered into a distance contract may withdraw from it within 14 days without giving any reason.

2. 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 Product. If an Order comprises several Products delivered separately or in separate batches or parts, the period begins when the last Product, batch or part is taken into possession.

3. To meet the deadline, it is sufficient to send the withdrawal statement before the period expires. The statement may be submitted: (a) in writing or by email to kontakt@kokonpro.com, preferably including the Order number, full name and address; (b) using the model form in Annex 1, although use of the form is not mandatory; or (c) through the “Withdraw from the Contract here” function, if made available in the Store. The Seller will confirm receipt of the statement on a Durable Medium.

4. The Consumer may withdraw from the whole Contract or from part of it, covering selected Products, by specifying the scope of the withdrawal in the statement.

5. Returning the Product. The Consumer must return or hand over the Product to the Seller without undue delay and no later than 14 days after withdrawing from the Contract. Before returning the Product, please contact kontakt@kokonpro.com to agree the return address; the Seller’s registered office is not automatically the warehouse address. The Product should be suitably protected for transport. The deadline is met if the Product is dispatched before it expires.

6. Return costs. The Consumer bears the direct cost of returning the Product. Because of the dimensions of the Products, which are shipped on pallets, the Product cannot be returned by ordinary post. The estimated cost of returning a pallet shipment depends on the weight and address and will be provided on request before return. 

7. Refunds. The Seller will refund all payments received from the Consumer, including the cost of delivery to the Consumer up to the amount charged for the least expensive standard delivery method offered in the Store, without undue delay and no later than 14 days after receiving the withdrawal statement. The Seller may withhold the refund until it has received the Product or the Consumer has supplied evidence that it has been returned, whichever occurs first. The refund will be made using the same payment method as the original transaction unless the Consumer expressly agrees otherwise, at no additional cost to the Consumer.

8. Exclusions. The right of withdrawal does not apply, in particular, to contracts for goods that are not prefabricated and are made to the Consumer’s specifications or clearly personalised, including a Custom Product that is cut to size, marked or manufactured to an approved specification (see § 6(4)). The right of withdrawal also does not apply in any other cases specified in consumer-rights legislation.

9. Liability for diminished value. The Consumer is liable for any reduction in the value of the Product resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Product. If the Product has been installed, cut, soiled or damaged, the refund may be reduced by an amount corresponding to the reduction in value.

§ 12. Conformity of goods and complaints

1. The Seller is liable to the Consumer for the Product’s conformity with the Contract in accordance with Articles 43a et seq. of the Polish Civil Code and the Polish Consumer Rights Act. This liability covers defects existing at the time of delivery and disclosed within the period specified by law, calculated from the date of delivery.

2. How to make a complaint. A complaint should be sent to kontakt@kokonpro.com or submitted in writing to the Seller’s registered office and should state the Order number, Product and variant, batch number if available, date the issue was discovered, a description of the issue and the remedy requested. Where possible, please include photographs of the Product, label, packaging and installation. Missing information does not deprive the Consumer of any rights.

3. The Seller will respond to the Consumer’s complaint request within 14 days of receipt. If the Seller does not respond within that period, the Consumer’s request will be deemed accepted.

4. A Product that is the subject of a complaint should not be returned without prior agreement with the Seller. After reviewing the complaint, the Seller will explain how the Product or a sample is to be made available and will bear the related costs. The Consumer must make the Product available for repair or replacement.

5. Please retain labels, batch markings, packaging and, where possible, a representative sample until the complaint process has been completed, and suspend further cutting or installation of the disputed part of the batch. This request is intended to facilitate assessment of the complaint and does not restrict the Consumer’s rights.

6. The natural variations in the appearance of rebond described in § 3(2), and characteristics falling within the Product description and agreed tolerances, do not constitute a lack of conformity with the Contract, provided that the Consumer was informed of them before purchase.

§ 13. Kokon Pro commercial warranty

1. The Seller, acting as warrantor (KOKON PRO sp. z o.o., address as stated in § 1(1), kontakt@kokonpro.com), provides a 24-month commercial warranty for Kokon Pro Products, calculated from the date on which the Product is delivered to the Consumer. The warranty applies within the territory of the Republic of Poland unless a separate warranty document or the Product description provides otherwise.

2. The warranty is separate from the Seller’s statutory liability and does not exclude, restrict or suspend the Consumer’s rights under the rules governing statutory liability and conformity of goods with the Contract.

3. If a warranty claim is accepted, the warrantor will, at its discretion, replace the defective Product with a defect-free Product or refund the price paid for the defective Product or an appropriate part of that price. The warranty does not provide for repair of the Product. The warrantor bears the cost of delivering the Product to the warrantor in connection with an accepted claim.

4. A warranty claim must be sent to kontakt@kokonpro.com together with the information specified in § 12(3). The warrantor will consider the claim within 14 Business Days of receiving the complete information and materials required for assessment. If an inspection, sample or additional test is required, the period begins on the date on which it is made available to the warrantor.

5. The warranty does not cover problems caused by improper transport after risk has passed, unloading, storage, exposure to moisture or direct contact with water, fire, high temperatures, UV radiation, chemicals, mechanical damage, permanent deformation, incorrect selection, use contrary to the intended purpose, installation not complying with the Product Documentation, use of an unsuitable adhesive or other associated materials, an unsuitable substrate or supporting structure, defects in other parts of the system, modification of the Product, or continued use after a problem has become apparent, to the extent that the relevant circumstance caused the defect or increased its consequences.

6. The Seller will provide the Consumer with the warranty statement on a Durable Medium no later than upon delivery of the Product and at any time upon the Consumer’s request.

§ 14. Alternative dispute resolution

1. The Consumer may use out-of-court complaint and redress procedures, including: (a) seeking assistance from the relevant district or municipal consumer ombudsman; (b) applying for mediation or resolution of the dispute by the relevant Provincial Inspectorate of Trade Inspection; (c) seeking assistance from consumer organisations, including the Polish Consumer Federation; and (d) applying to a permanent consumer arbitration court, provided that the Seller agrees to take part. Information and application forms are available on the website of the Polish Office of Competition and Consumer Protection at uokik.gov.pl.

2. Use of the above procedures is voluntary. The Seller is not obliged to participate in alternative dispute resolution unless required by law.

3. The Consumer may bring claims before a court of competent jurisdiction in accordance with the Polish Code of Civil Procedure. Polish law applies to a Contract with a Consumer, provided that a Consumer resident in another EU Member State retains the protection afforded by the mandatory laws of that state.

PART III — TERMS APPLICABLE TO BUSINESS CUSTOMERS (B2B)

Part III applies exclusively to Business Customers (Contracting Parties) for whom entry into the Contract is of a professional nature. It does not apply to Consumers or to the persons referred to in § 1(4).

§ 15. Offer, Order and formation of the Contract

1. The OWZ are binding on the Contracting Party if they were made available before the Contract was entered into in a form that allowed them to be stored and reproduced, including through a link to the OWZ in the Store or Offer. Placement of an Order after receipt of the OWZ constitutes acceptance of them, subject to any individually agreed departures.

2. The Contracting Party’s general terms and conditions of purchase, regulations or other standard terms do not apply unless expressly accepted by the Seller in documentary form.

3. Information on the website or in a catalogue, price list, advertisement or general correspondence is provided for information only and does not constitute an offer unless expressly designated otherwise.

4. An Offer is prepared on the basis of information provided by the Contracting Party. Its validity, price, scope of delivery, delivery period and any special terms are as stated in the Offer. If the Offer does not specify a validity period, the Seller may confirm the current price, availability and delivery period before accepting the Order.

5. An Order should state the Offer number, Product and variant, quantity, invoice details, delivery address, contact person and all agreed custom parameters. The Contracting Party is responsible for the completeness and accuracy of the information, dimensions and quantities supplied.

6. The Contract is formed when the Seller expressly confirms acceptance of the Order for fulfilment, unless the Offer provides otherwise. An automated acknowledgement of receipt of a message, issue of a pro forma invoice or receipt of an enquiry does not in itself constitute acceptance of the Order.

7. If payment is received before the Order is accepted and the Seller is unable to accept the Order, the amount paid will be refunded without undue delay. The refund does not constitute acceptance of any other claims by the Contracting Party.

8. Any change to or cancellation of an Order after its acceptance requires the Seller’s consent in documentary form. Before giving consent, the Seller may make the change or cancellation conditional on reimbursement of costs actually incurred, including the cost of materials, labour, packaging, transport and products ordered from subcontractors or suppliers.

§ 16. Prices, payment and sales documents

1. Prices and currency are as stated in the Offer or Store. Unless stated otherwise, prices for the Contracting Party are net prices, to which VAT will be added at the rate applicable on the invoice date.

2. The cost of special packaging, transport, insurance, customs clearance, unloading, samples and other additional services is included only where stated in the Offer or Order.

3. For an Order placed through the Store, payment is made using the payment methods available at the Shopify checkout. For an Order placed on the basis of an individual Offer, the payment date and method are stated in the Offer or pro forma invoice. Unless otherwise agreed, full payment must be made before the Product is released or dispatched. The Seller may grant selected Contracting Parties deferred payment terms.

4. The fulfilment period begins once all conditions specified in the Offer have been met, including receipt of the required payment and the complete specification, and approval of any sample or drawing.

5. In the event of late payment, the Seller is entitled to statutory interest for late payment in commercial transactions, compensation for debt-recovery costs and any other amounts available under applicable law. The Seller may suspend commencement or further fulfilment of the Order until all overdue amounts have been paid.

6. The Seller will issue an invoice for the Order. The Contracting Party agrees to electronic invoices being issued and sent to the address stated in the Order, unless the law or Offer requires another method.

§ 17. Delivery period, delivery and transfer of risk

1. A date stated in the Offer or Order confirmation is binding if expressly identified as a guaranteed date. The indicative time for preparing and dispatching a standard Order is normally 5–7 Business Days. This is not the anticipated delivery date, which depends on the carrier. Large Orders and Custom Products may be placed in the production queue and be subject to the longer period stated in the Offer or Order confirmation.

2. Any delay by the Contracting Party in making payment, providing information or approving the specification, sample or delivery date will extend the fulfilment period accordingly. If the delay affects the production schedule, the Seller may specify a new realistic completion date.

3. Because of the dimensions of the Products, delivery is made primarily as a pallet shipment and, where appropriate, as a parcel shipment, through a courier or carrier. Collection in person is not available unless exceptionally confirmed by the Seller in documentary form.

4. Delivery costs are calculated individually on the basis of shipment dimensions, the number of consignments, the delivery address and transport requirements. International delivery is available only to countries and on terms confirmed by the Seller in the Offer.

5. The Contracting Party must provide the correct address, ensure vehicle access and arrange for an authorised person to be present and for the delivery to be received safely. Unloading, carrying goods into the premises and internal handling are not included in the price unless the Offer states otherwise.

6. In B2B sales, the Product is deemed delivered and the risk of accidental loss or damage passes when the consignment is handed over to a professional carrier, unless the Offer expressly provides for a different point in time.

7. The Seller may fulfil the Order in batches if this does not restrict the agreed application or if staged delivery was provided for in the Offer. Each batch may be documented separately.

8. If delivery or collection cannot take place for reasons attributable to the Contracting Party, the Seller may, after giving notice, charge the Contracting Party the reasonable and documented costs of redelivery, return shipment and storage of the Product.

§ 18. Acceptance, transport and storage

1. On receipt, the Contracting Party should check the number of consignments, the condition of the packaging, any visible damage and the consistency of the labels with the delivery documents. Visible damage should be recorded with the courier or carrier in a damage report and photographed before unpacking and again after the package has been opened.

2. Damage not visible on receipt must be reported to the carrier and Seller without delay after discovery, subject to the time limits applying to transport claims, including the seven-day period where applicable. A lack of documentation may make it more difficult to determine where and how the damage occurred.

3. Reporting transport damage to the Seller does not release the Contracting Party from any steps required in relation to the carrier. The Seller will provide documents in its possession and offer reasonable assistance in investigating the damage.

4. The Product must be stored in a dry, covered and ventilated place on a stable surface and in a manner that protects it from water, moisture, dirt, UV radiation, fire, high temperatures, chemicals, mechanical damage and permanent deformation.

5. Until the delivery has been inspected and any complaint process completed, labels, batch markings, packaging and a representative sample of the material should be retained where possible and safe.

§ 19. Complaints, statutory warranty and Kokon Pro commercial warranty

1. A complaint must be sent to kontakt@kokonpro.com and should state the Offer or Order number, Product and variant, batch number, quantity concerned, date the issue was discovered, a description of the issue and the remedy requested. Where possible, photographs of the Product, label, packaging, storage method and installed assembly should be included.

2. Products that are the subject of a complaint must not be returned without prior agreement. After reviewing the complaint, the Seller will provide the address and method for supplying a sample or returning the Product. The Seller’s registered office is not automatically the warehouse or returns address.

3. The Contracting Party should inspect the Product within the time and in the manner customary for goods of that type and notify the Seller of any defect without delay after discovering it. If a visible non-conformity is found, the disputed part of the batch should not be cut or installed where further action could increase the loss or prevent assessment.

4. The Seller’s liability under the statutory warranty for defects (rękojmia) in sales between businesses is governed by the Polish Civil Code. These OWZ do not exclude or restrict that statutory warranty unless the parties expressly agree otherwise in an individual contract.

5. The Seller, acting as warrantor, provides a 24-month commercial warranty for Kokon Pro Products, calculated from the date on which the Product is delivered to the Contracting Party. The warranty applies within the territory of the Republic of Poland unless a separate warranty document or the Offer provides otherwise. If a claim is accepted, the warrantor will, at its discretion, replace the defective Product with a defect-free Product or refund the price paid for the defective Product or an appropriate part of that price. The warranty does not provide for repair of the Product.

6. A warranty claim must be sent to kontakt@kokonpro.com together with the information specified in paragraph 1. The warrantor will consider the claim within 14 Business Days of receiving the complete information and materials required for assessment. If an inspection, sample or additional test is required, the period begins on the date on which it is made available to the warrantor. The Product must not be returned before return instructions and the return address have been provided.

7. The warranty does not cover problems caused by improper transport after risk has passed, unloading, storage, exposure to moisture or direct contact with water, fire, high temperatures, UV radiation, chemicals, mechanical damage, permanent deformation, incorrect selection, use contrary to the intended purpose, installation not complying with the Product Documentation, use of an unsuitable adhesive or other associated materials, an unsuitable substrate or supporting structure, defects in other parts of the system, modification of the Product, or continued use after a problem has become apparent, to the extent that the relevant circumstance caused the defect or increased its consequences. The natural variability of rebond described in § 3 and characteristics falling within the agreed tolerances do not constitute a defect covered by the commercial warranty.

8. The commercial warranty does not restrict, suspend or exclude any rights of the Contracting Party under mandatory law. In all other respects, liability under the statutory warranty is governed by paragraph 4 and the provisions of the Offer.

9. The Seller may carry out an inspection, request documentation of the assembly, take a representative sample and commission testing. The Contracting Party should secure the Product and make available the materials required to determine the cause of the problem.

§ 20. Returns, cancellation and Custom Products

1. A B2B Contracting Party has no statutory right to withdraw from the Contract within 14 days. A standard Product that conforms to the Contract may be returned only with the Seller’s prior consent and on individually agreed terms. The intention to return a Product must first be reported to kontakt@kokonpro.com. Once accepted, the Seller will provide instructions and the correct return address.

2. A Custom Product, or a Product that has been cut, marked or manufactured to an approved specification, cannot be returned and its Order cannot be cancelled without the Seller’s consent, except where rights arise from a defect, failure to comply with the agreed specification or mandatory law.

3. A Product accepted for a discretionary return must be unused, uncut, uninstalled, free from signs of use and damage, and securely protected for transport. The Contracting Party bears the return cost. If the Seller agrees to a change, cancellation or return, it may deduct reasonable costs incurred up to the date of the agreement and the costs of restoring the Product to a saleable condition. The Seller will inform the Contracting Party of those costs before the agreement is concluded.

§ 21. Liability and force majeure

1. Subject to mandatory law, the Seller’s total liability in connection with a particular Order is limited to the net price of the part of the Order to which the non-performance, defective performance or loss relates and will in no event exceed the net price of the entire Order.

2. The Seller is not liable for loss of profit, business interruption, loss of production, loss of contract or any other indirect or consequential loss suffered by the Contracting Party.

3. The limitations in paragraphs 1–2 do not apply to loss caused intentionally or by gross negligence, personal injury, liability for a defective product, or any other liability that cannot lawfully be restricted.

4. The Seller is not liable for the decisions of a designer or installer, the parameters of an existing partition, a defective substrate, incompatibility of components supplied by other manufacturers, incorrect information supplied by the Contracting Party, or any change to the assembly made without the Seller’s written approval, to the extent that those circumstances caused the loss.

5. A party is not liable for any non-performance or delay caused by an event beyond its reasonable control that it could not foresee or avoid, including disruption to supplies of raw materials, energy or transport; fire; flood; infrastructure failure; epidemic; action by public authorities; war; or an external strike.

6. The affected party will inform the other party without undue delay and take reasonable steps to mitigate the consequences. The fulfilment period will be extended by the duration of the impediment and the time reasonably required to resume work. The parties will agree how to proceed, taking account of the part of the Order already completed.

PART IV — FINAL PROVISIONS

§ 22. Final provisions

1. Statements relating to an Offer, Order, change, cancellation, withdrawal or complaint may be made in documentary form, in particular by email, unless the law or an individual contract requires a particular form.

2. The Buyer must promptly notify the Seller of any change to its details, delivery address or contact person. Correspondence sent to the most recently notified address is deemed properly addressed, subject to applicable law.

3. Polish law applies to the Contracts. Any dispute with a Business Customer that cannot be resolved amicably will be submitted to the court having territorial jurisdiction over the Seller’s registered office, unless the parties have validly agreed otherwise. Disputes with Consumers will be determined by the courts having jurisdiction under generally applicable law (see § 14).

4. If any individual provision is invalid or unenforceable, the remaining provisions of the OWZ remain unaffected. The invalid or unenforceable provision will be replaced by the applicable law and by a solution that most closely reflects the parties’ commercial purpose.

5. The Seller may amend the OWZ for valid reasons, including changes in the law, judgments or recommendations of public authorities, or changes to the offering or the method of fulfilling Orders. A new version of the OWZ applies only to Orders placed after it has been made available, unless the parties expressly agree otherwise. The version made available before the Contract was entered into applies to that Order. The version currently in force is available at kokonpro.com and may be saved and printed by the Consumer.

6. The OWZ take effect on the date stated on the title page.

ANNEX 1 — MODEL WITHDRAWAL FORM

(For Consumers only. Use of this form is optional; you may withdraw from the Contract in any form, for example by email.)

To: KOKON PRO sp. z o.o., email: kontakt@kokonpro.com

I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale for the following goods(*):

……………………………………………………………………………………………………………………

Order number: …………………………………

Date of Contract(*) / receipt(*): …………………………………

Name of Consumer(s): ……………………………………………………………………………………

Address of Consumer(s): …………………………………………………………………………………

Signature of Consumer(s) (only if this form is submitted on paper): ……………………………

Date: …………………………………

(*) Delete as appropriate.

ANNEX 2 — CUSTOM ORDER AGREEMENT SHEET (B2B)

Complete this Annex only to the extent relevant to the particular Order. It may be accepted by signature or by an email that allows the person making the declaration to be identified. It applies to Business Customers; Consumers are not required to complete it.

Contracting Party declarations

☐ The Order is of a professional nature for me and is governed by Part III of the OWZ.

☐ I have checked the dimensions, quantity, variant and delivery details for accuracy.

☐ I have received the Product Documentation and the information required to select and install the Product.

☐ I understand that the appearance of rebond may vary between batches and that assessment is based on the agreed parameters and tolerances.

☐ I understand that installation is carried out by an independent installer and that any specific acoustic performance must be expressly agreed in the Offer.

Place and date:

Name, position and signature: