Statute
Statute
- 1 - General provisions
- The babywood.pl online store operating at https://loventi.de/ is run by: Cocorn Group Bartosz Kokociński, ul. Dubińska 4, 63-920 Pakosław, NIP 6991954783, e-mail: contact@loventi.de, tel: 0160 90976247 The Regulations define the rules of using the babywood.pl online store, in particular: the rules of concluding and performing Sales Agreements for Goods available in the Store's assortment and the rules of providing services electronically (within the scope of regulating services provided electronically, the Regulations referred to in art. 8 sec. 1 of the UŚUDE constitute the Regulations).
- The use of the Store is possible provided that the IT System used by the Customer meets the following minimum technical requirements ensuring cooperation with the IT System used by the Service Provider:
1) a computer (or other similar device) with access to the Internet, equipped with a web browser (e.g. Internet Explorer version 11 or higher, Mozilla Firefox version 20 or higher, Chrome version 40 or higher, Safari version 8 or higher);
2) JavaScript support and Cookies enabled in your web browser;
3) active email address. - The Customer should use the Store in accordance with applicable law and the provisions of these Terms and Conditions. In particular, it is prohibited to:
1) providing illegal content (e.g. content violating personal rights and other rights of third parties);
2) using the Store in a way that disrupts its operation (e.g. by using certain software);
3) providing personal data that is false or violates the rights of third parties.
- 2 - Glossary of definitions
- The following expressions used in these Regulations have the meanings set out below:
1) Electronic Mail Address – designation of the IT System enabling communication via electronic means.
2) Personal data – any information relating to an identified or identifiable natural person processed by the Service Provider for the proper provision of the Services specified in these Regulations, as well as for the conclusion and performance of a sales contract and for statistical purposes related to the operation of an online store.
3) Registration form – a form completed by the Registered Person in order to set up a Customer Account, available at My Account.
4) Customer – using the Online Store: (I) a natural person with full legal capacity, (II) a natural person who is over 14 years of age and has limited legal capacity, if the concluded contract is of a nature commonly concluded in minor current matters of everyday life or if such person has obtained legally effective consent of the statutory representative to conclude the contract; (III) a legal person and (IV) an organizational unit without legal personality to which the law grants legal capacity.
5) Consumer – a natural person purchasing the Goods for purposes unrelated to professional or business activity.
6) Customer Account – login (e-mail address) assigned to the Customer and a password chosen by him/her, enabling: placing orders without filling out the Order Form each time, viewing order history, subscribing to the Newsletter and changing the data provided.
7) Login – e-mail address entered by the Customer in the online store at the stage of creating the Account, enabling subsequent identification when using the online store.
8) Newsletter – a service provided by Cocorn Group Bartosz Kokociński consisting in periodically sending information to the e-mail address or telephone number indicated by the Customer, including commercial information within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), about events, competitions, discounts and promotions related to the activities of the Store.
9) Regulations – these Regulations of the online store. The Regulations are available at babywood.pl/regulamin/
10) GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
11) Shop (also Online Shop) – an online platform for the sale of Goods under the terms and conditions specified in the Regulations, operating at https://loventi.de/ .
12) Seller – Cocorn Group Bartosz Kokociński, ul. Dubińska 4, 63-920 Pakosław, NIP 6991954783, in the scope of concluding and performing sales agreements concluded in accordance with the Regulations.
13) Teleinformatic system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of the Act of 16 July 2004 – Telecommunications Law (Journal of Laws of 2004, No. 171, item 1800, as amended).
14) Electronic communication means – technical solutions, including ICT devices and software tools cooperating with them, enabling individual remote communication using data transmission between ICT systems, in particular electronic mail.
15) Goods – a product that can be purchased through the Store. The Store sells only brand new Goods.
16) Personalized Goods – Goods available in the Store with the possibility of making an individual print at the Customer's request.
17) Agreement – an agreement for the provision of services by electronic means between the Service Provider and the Client.
18) Sales Agreement – a sales agreement within the meaning of the provisions of the Civil Code, concluded between the Seller and the Customer, in accordance with the provisions of the Regulations.
19) Services – services provided by the Service Provider to the Customer via the Store (services provided electronically).
20) Service Provider – Babywood Joanna Marzęcka, ul. Dubińska 4, 63-920 Pakosław, NIP 6991962765, in the scope of services provided electronically as provided for in the Regulations.
21) UŚUDE – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
22) Order – A service enabling Customers to place an order to purchase Goods via the online store (submitting an offer to conclude one or more sales contracts).
- 3 – Services Provided Electronically
- Within the Store, the Service Provider provides the following Services electronically:
1) Customer Account,
2) Order,
3) Basket,
4) Newsletter (§ 12 of the Regulations). - Using the Store Services is free of charge.
- To create a Customer Account in the Store (registration), you must provide Personal Data marked as mandatory (first name, last name, email address), choose a password, accept the Terms and Conditions, and click the "Register" button. The Customer Login is the Email Address provided during registration.
- Logging in to the Customer Account in the Store is done using the E-mail Address provided during registration and a unique password known only to the authorized Customer.
- In order to enable the Customer to fully use the functionality of the Customer Account (functionalities available only to Customers who have created a Customer Account) in the Store, the Service Provider may also process other necessary Personal Data:
My addresses (order fulfillment address);
My orders (history of orders placed);
Complaints (information regarding complaints about Goods);
My Returns (information regarding the return of Goods);
Inquiries to service (history and content of inquiries sent to the Store’s service);
Favorite products (products marked by the Customer as Favorites);
Newsletter (E-mail address, list of active newsletters); - The Agreement is concluded upon the Customer receiving confirmation of successful registration in the Store, sent by the Service Provider to the email address provided by the Customer during registration. The Agreement is concluded for an indefinite period.
The Customer may delete their Customer Account at any time (without providing a reason or incurring any costs). To do so, they should send an email requesting deletion to contact@loventi.de, providing the email address used during registration. Upon receipt of this message, the Customer Account will be immediately deleted. Upon deletion of the Customer Account, the Customer Account service agreement is terminated. - The Service Provider may terminate the Customer Account service agreement with a 14-day notice period for the reasons specified in § 1, section 4. The Service Provider's declaration may be submitted to the email address used during Customer Account registration. After the notice period expires, the Customer Account service agreement will terminate.
- Notwithstanding the provisions of paragraph 10, in the event of a gross violation by the Customer of § 1 paragraph 4 points 1-3 of the Regulations, the Service Provider is entitled to limit the Customer's access to the Services in whole or in part.
- In order to place an Order, you must provide Personal Data marked as mandatory, i.e.:
1) address details (name; surname; street and house number; postal code; town; country; e-mail address; telephone number),
2) data for issuing an invoice – when the Client wishes to receive an invoice (company name, company address, Tax Identification Number),
3) accept the Regulations.
4) delivery and payment (delivery method, payment method) - The Order Service is a one-time service. Use of the Service begins when you click the "continue without registration" button. Use of the Service ends when the Store completes the Order or when the Customer discontinues placing the Order.
- The Service Provider also enables the Customer to view the content posted in the Store.
- The Service Provider provides each Customer with a Shopping Cart service to facilitate ordering Goods, in particular: saving selected Goods, entering any discount codes, and displaying a price summary and shipping costs. Using the Shopping Cart allows for multiple offers to conclude a sales contract in a single Order. The Shopping Cart service is a one-time service.
- Use of the Shopping Cart Service begins when you click the "add to cart" button and ends when you place an order or use the "empty cart" button. Adding Products to the Shopping Cart does not constitute a reservation; however, the Shopping Cart remembers information about the Products selected by the Customer even after the end of the browser session or logging out of the Customer Account.
- Any complaints related to the use of the Store Services can be submitted:
1) in writing, to the following address: Cocorn Group Bartosz Kokociński, ul. Dubińska 4, 63-920 Pakosław, NIP 6991954783
2) electronically to the e-mail address: contact@loventi.de - The Service Provider will consider complaints regarding the provision of services electronically within no more than 14 days.
- In order for the complaint to be considered, the Customer should indicate at least the reason for the complaint and his/her contact details.
- The response to complaints will be provided in the form indicated by the Customer (in writing or by e-mail).
- 4 - Placing an Order and Concluding a Sales Agreement
- The Store sells Goods via the Internet.
- Information about the Goods available on the Store's website, such as price, description, technical parameters and other information, constitutes an invitation to conclude a contract, as referred to in Article 71 of the Civil Code.
- Orders can be placed electronically via the Store's website 7 days a week, 24 hours a day.
- To place an order, the Customer must select the Goods to be ordered by adding them to the Shopping Cart. While placing the order, until the "Order and Pay" button is clicked, the Customer can modify both the entered data and the selected Goods. Furthermore, the Customer is required to select:
– method of payment, as well as the method and address of delivery of the Goods and, if applicable, data necessary to issue a VAT invoice. - To place an order, the Customer must agree to the Terms and Conditions and provide the Personal Data marked as mandatory. Personal Data is provided through the Customer Account service or by entering the data in the Order.
- Placing an order by the Customer results in the Seller submitting an offer (or offers) to conclude a Sales Agreement for the Goods covered by the Order. The Seller confirms receipt of the offer (or offers) by sending an automatic message entitled "New Order" to the email address provided by the Customer.
- After receiving the offer referred to in paragraph 6, the Seller verifies the received Order. The sales contract is concluded upon the Customer receiving the email message: "The order has been submitted for processing."
- Placed Orders are visible in the "order history" tab available to Customers who have an Account.
- The Customer has the option to verify, change and cancel the placed Order until the Order is fulfilled by contacting the Store's customer service by phone at 0160 90976247 or by e-mail at contact@loventi.de
- The sales contract is concluded in Polish, with content consistent with the Regulations.
- The Store processes orders within 7 business days. This means that the ordered Goods are transferred to the entity responsible for delivery within this timeframe.
- Orders are processed only on business days, i.e. from Monday to Friday, excluding public holidays
- 5 - Price and method of payment
- Prices are indicated directly next to the Goods presented on the website. Prices include all components, including VAT at the currently applicable rate (subject to paragraph 3). Prices are expressed in EURO. We do not reduce prices for VAT on international orders.
- The price indicated for each Product is binding from the moment of confirmation of the Order.
- Information about the delivery cost is published when placing an Order. The delivery cost is added to the price of the ordered Goods. Detailed rules for determining the final delivery cost of the Goods, which the Customer is obligated to pay, are specified in § 6.
- The total value of the Order is indicated after the Customer selects the Goods and the delivery method.
- The Store reserves the right to change the price of Goods and to conduct and cancel promotions and sales. However, Orders placed before the price, terms of promotions, or sales change will be fulfilled at the binding prices in accordance with paragraph 3.
- A receipt is included with every shipment. Upon request, a VAT invoice can be provided instead of a receipt.
- The customer has the option to pay the price according to his/her choice:
1) via traditional bank or postal transfer (3 business days to pay for the order). Transfer details: Cocorn Group Bartosz Kokociński, ul. Dubińska 4, 63-920 Pakosław, NIP 6991954783
mBank business account number: 55 1140 2004 0000 3212 1898 4113
2) via a fast payment system (instant transfer/blik/payment card)
The entity providing online payment services is Blue Media SA
with its registered office in Sopot at Powstańców Warszawy 6, postal code 81-718. NIP: 585-13-51-185
Payment can be made using payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
If there is a need to refund funds for a transaction made by the customer with a payment card, the seller will make a refund to the bank account assigned to the Ordering Party's payment card.
The order will be processed after the Online Store receives confirmation of the correct payment by the Entity executing the payment. - The Customer is entitled to a discount granted by the Seller, in accordance with the individual parameters of the Customer Account. The discount applies to all items, except those marked "Product excluded from discount." Discounts and promotions cannot be combined.
- If the customer chooses payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.
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Available payment methods that can be used to make payments:
Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, MaestroIf there is a need to refund funds for a transaction made by the customer with a payment card, the seller will make a refund to the bank account assigned to the Ordering Party's payment card.
- 6 - Delivery
- Ordered Goods will be delivered within the territory of the Republic of Poland, except as specified in paragraph 6. Goods are delivered only on business days (i.e., Monday through Friday, excluding public holidays, as defined in separate regulations). Delivery time is from 1 to 10 business days from the date the Store processes the order. If the customer chooses payment by bank transfer or credit card, the order processing time is counted from the date the payment is credited to the Seller's bank account or settlement account.
- The Customer may choose the entity carrying out the delivery referred to in paragraph 1 from among the entities indicated by the Seller:
1) courier delivery. The ordered Goods are delivered to the Customer's address indicated in the Order. - The Seller covers the delivery costs for Orders with a total value equal to or exceeding PLN 299, except for the situations specified in paragraph 7. In other cases, the delivery costs are covered by the Customer.
- The delivery cost depends on the entity performing the delivery, the payment method and the value of the order, in accordance with the delivery table.
- The customer can also specify a delivery address outside of Poland. However, delivery outside of Poland is only via courier. For deliveries outside of Poland, the customer is responsible for the delivery cost, regardless of the order value. However, if a delivery address outside of Poland is selected, the customer cannot pay cash on delivery.
- The cost and estimated delivery time outside the territory of the Republic of Poland depends on the destination country of delivery, in accordance with the price of foreign delivery.
- Customers outside the European Union may be subject to additional customs duties. Information about customs duties and their calculation methods can be obtained from your local customs office.
- If the customer chooses payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.
- 7 - Right of withdrawal
- Pursuant to the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827), a Customer who is a Consumer and who has concluded a distance contract via the Store may withdraw from it within 14 days without giving any reason.
- Detailed information on the rules for withdrawal from the contract under the Consumer Rights Act can be found in Annex 1 to the Regulations - "Instructions on the right to withdraw from the contract".
- The consumer may withdraw from the contract by submitting a declaration of withdrawal. The declaration may be submitted on a form, a template of which is attached as Appendix 2 to the Regulations.
- Products purchased to measure or according to the customer's design are not subject to returns due to their specific nature.
- 8 - Complaints regarding defects in the Goods (Warranty)
- Cocorn Group Bartosz Kokociński, with its registered office in Pakosław, is liable as the Seller towards the Customer for physical or legal defects of the sold goods (warranty) under the conditions and in the manner specified in the Act of 23 April 1964, the Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended).
- The Seller is obligated to deliver the Goods free of defects. The Seller is liable under the warranty if a physical defect is discovered within two years from the date of delivery of the Goods to the Customer.
- The Customer may report a defect in any form. In particular, the Customer may report the defect in person at the Seller's registered office or by mail to the following address: Cocorn Group Bartosz Kokociński, ul. Dubińska 4, 63-920 Pakosław, NIP 6991954783
- To report a defect, it is advisable to: describe the defect and provide the date it was discovered, submit a selected request, demonstrate that you have entered into a sales agreement with the Seller (e.g., by attaching a copy of your proof of purchase), provide contact details, and provide your preferred method of notification of the complaint's resolution (e.g., email or telephone). The content of the notification referred to in the preceding sentence is only an example and has no impact on the effectiveness of the complaint.
- The Seller will respond to the Customer's complaint promptly, no later than 14 days from the date of its receipt. If the Customer has requested a replacement or removal of the defect, or has submitted a price reduction request specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days of its receipt, the request is deemed to have been justified.
- 9 - Personal data
- Service Provider – Data Controller, pursuant to the GDPR in connection with the UŚUDE, has the right to process the Customer’s Personal Data in order to use the Services (Account, Order, Newsletter, Content Viewing, Basket), settle the ordered Goods (invoicing) in accordance with the Regulations, consider complaints, pursue claims for payments for the ordered Goods, as well as for archiving purposes and for the purposes of the legitimate interests of the Controller or a third party (described in more detail in the Privacy Policy).
- Detailed information regarding the processing of Personal Data (including information referred to in Article 13, paragraph 1 of the GDPR and the rights of Customers related to the processing of their Personal Data) can be found in the Privacy Policy.
- The Service Provider processes operational data (marks identifying the Customer in the online store, IP address, information on how to use the Services) for the purposes of improving the Store, as well as for statistical purposes.
- The Service Provider ensures the security of the Customer's Personal Data being processed. The Service Provider has implemented and maintains physical, organizational, and technological security measures necessary to ensure an adequate level of security of Personal Data being processed in connection with the provision of Services within the Store. The Service Provider has implemented technical measures to prevent unauthorized access and modification of Personal Data transmitted electronically (authentication measures, https protocol).
- The Service Provider protects Personal Data against access by third parties and disclosure, provided that in certain situations the obligation to disclose Personal Data may result from legal provisions.
- Providing Personal Data is voluntary, but sometimes necessary to provide the Services, under the terms set out in the Regulations.
- The Service Provider enables the Customer to use the Services within the Website anonymously or using a pseudonym in cases where it is technically possible and customary.
- 10 - Personalized goods
- The Store offers the option of purchasing certain Goods with a personalized engraving made to order (Personalized Goods). Goods that can be personalized with an engraving are marked with the words: "personalized product," "engraving option available," "engraving," or another similar phrase.
- Personalized Products may include a name (nickname) and a number selected by the Customer from the range 0-99. The information for printing must be provided when placing the Order.
- The Store reserves the right to cancel the Order if the Customer indicates that the content of the print includes: offensive words, words that violate the dignity of third parties or words that are generally considered vulgar.
- The cost of printing is indicated when placing the Order and then added to the sales price of the goods.
- The order processing time for Personalised Goods may be extended by 14 business days compared to the processing time indicated in the Regulations for a standard Order.
- For Personalized Goods, payment by cash on delivery (COD) is not possible. Other payment methods are available, as specified in the Terms and Conditions.
- Pursuant to Article 38, point 3 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), it is not possible to withdraw from the contract (return the Goods) with respect to Personalized Goods. Engraved products are also not subject to exchange.
- 11 - Newsletter service
- The Service Provider provides the Newsletter Service (which is a service provided electronically) consisting in sending commercial information about products, promotions, discounts, competitions and events related to the Service Provider's activities to the e-mail address and optionally also the telephone number indicated by the Customer.
- In order to conclude a contract for the provision of the Newsletter Service, the Customer must perform the following actions:
1) Providing at least an e-mail address in the appropriate field and checking the checkbox to consent to receiving commercial information.
2) Confirmation of subscription to the Newsletter by the Customer by clicking the "I confirm subscription" button in the e-mail sent by the Service Provider to the provided e-mail address. - The Newsletter Service is provided at the Customer's request. Use of the Newsletter Service begins upon confirmation of the subscription referred to in paragraph 2, point 2.
- The Newsletter service is provided free of charge and for an indefinite period.
- The Customer may subscribe to the Newsletter Service via a dedicated subpage ("Newsletter Registration Form") available within the Store and in conjunction with registering for the Customer Account or completing the Order Form.
- Providing an email address in the Newsletter Registration Form is necessary to provide the Newsletter service. Providing other Personal Data in the form is at the Customer's discretion. This data is used to tailor the Newsletter content to the Customer's needs (e.g., by receiving information about promotions at brick-and-mortar stores located closest to the city indicated by the Customer).
- If the Customer consents to receiving commercial information as part of the registration form for services provided electronically, the Customer Account or Order, the Customer will also receive (regardless of the information indicated in paragraph 6) commercial information (including additional discounts and promotions) tailored to his interests and preferences (but not significantly influencing his decisions).
- The Customer may also provide a mobile phone number for the Newsletter Service. In such a case, the Newsletter Service will be provided via email and text message.
- The Customer may use the Newsletter Services anonymously. However, this is only possible if the email address provided does not allow for the Customer's identification and the Service Provider does not possess any other Personal Data about the Customer.
- 12 - Final Provisions
- The essential provisions of the Sales Agreement are recorded, secured and made available to the Customer by sending an e-mail message confirming the placed Order to the specified e-mail address and by delivering a fiscal receipt/invoice in a parcel or by e-mail.
- The Customer may access the Regulations at any time via the link provided on the website https://loventi.de. The Customer also has the right to download and print the Regulations.
- In matters not regulated in the Regulations, the generally applicable provisions of Polish law shall apply, in particular the Civil Code of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended) and the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827).
- The Service Provider reserves the right to amend the Terms and Conditions. Any changes to the Terms and Conditions will become effective within the time specified by the Service Provider, but no less than 14 days from the date they are posted on the Store's website. Changes may not violate any acquired rights of Customers.
- The Regulations enter into force on 26 January 2022.
Appendix No. 1 – Instructions on the right to withdraw from the contract (statutory)
RIGHT OF WITHDRAWAL FROM THE CONTRACT
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline for withdrawal from the contract expires after 14 days from the date of:
1) on which you came into possession of the goods or on which a third party other than the carrier and indicated by you came into possession of the goods – in the case of an agreement obliging to transfer ownership of the goods;
2) on which you came into possession of the last item or on which a third party other than the carrier and indicated by you came into possession of the last item - in the case of a contract obliging the transfer of ownership of multiple items that are delivered separately;
3) on which you came into possession of the last batch or part or on which a third party other than the carrier and indicated by you came into possession of the last batch or part – in the case of a contract obliging to transfer ownership of goods delivered in batches or parts;
4) conclusion of the contract – in the case of contracts for the provision of services.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to the following address:
Cocorn Group Bartosz Kokociński, ul. Dubińska 4, 63-920 Pakosław, NIP 6991954783
e-mail: contact@loventi.de
You may use the model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send your information regarding exercising your right to withdraw from the contract before the withdrawal deadline expires.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT
If you withdraw from this contract, we will refund all payments received from you no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. The cost of returning the goods is the responsibility of the buyer.
We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
We may withhold reimbursement until we receive the goods or until you provide us with proof that you have sent back the goods, whichever comes first.
Please return or deliver the goods to us at the address on your proof of purchase immediately, and in any event no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you return the goods before the expiry of the 14-day period.
Appendix No. 2 – Sample withdrawal form
DECLARATION OF WITHDRAWAL FROM A CONTRACT CONCLUDED AT A DISTANCE
Date ..…./..…./……….Y
Name and surname: …………………………………………………………………………………………………….
Address: ………………………………………………………………………………………………………………………..
Telephone: ………………………………………………………………………………………………………………..
E-mail address: …………………………………………………………………………………………………………
I declare that, in accordance with Article 7, Section 1 of the Act of 2 March 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product (Journal of Laws No. 22, item 271, as amended) , I am withdrawing from the purchase contract for the following goods:
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The funds will be refunded within 14 days of receiving the return shipment using the same method of payment.
In case of cash on delivery payment, please provide the account number for the refund.
Account number:
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Bank name:
Return shipments should be sent to the following address:
Cocorn Group
Dubińska 4, 63-920 Pakosław