Statute
GENERAL PROVISIONS
- The www.animalsatshop.com store operates on the terms set out in these Regulations.
- The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.animalsatshop.com Store, the rules for the provision of these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
- Each Service Recipient, upon taking steps to use the Electronic Services of the www.animalsatshop.com Store, is obliged to comply with the provisions of these Regulations.
- Detailed rules for using some of the website's functionalities and other further issues may be regulated in Separate Regulations. If there are discrepancies between the provisions of these Regulations and the Separate Regulations, the provisions of the Separate Regulations shall prevail.
- Details regarding data processing, including information regarding the processing of personal data in cookies and other similar Internet technologies, can be found in the Privacy Policy.
- In matters not regulated in these Regulations, the following provisions apply:
- Code of good practice - a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2 point. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended;
- ODR online platform - an EU website operating on the basis of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/ 22/EC and available at https://webgate.ec.europa.eu/odr ;
- UOKiK Register - register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended;
- Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended);
- Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827);
- Act on out-of-court resolution of consumer disputes of September 23, 2016 (Journal of Laws of 2016, item 1823);
- Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law;
DEFINITIONS CONTAINED IN THE REGULATIONS
- SIDE – Seller's Customer Service Office, which provides Customers with information regarding the activities conducted by the Online Store, including Products, Online Store, Regulations and current Promotions, on Business Days, at the hours indicated in the Online Store in the "Contact" tab, under the indicated there by telephone numbers and e-mail address, via the chat in the Online Store and the contact form in the Online Store in the "Contact" tab. Cost of calling the Customer Service Office - fee as for a standard call - according to the price list of the relevant operator).
- Registration form – form available on the website animalsatshop.com enabling the creation of an Account.
- The order form – form available on the website animalsatshop.com enabling placing an Order.
- Basket – one of the functionalities of the website ensuring the ability to save and display products that the Customer is interested in ordering, including allowing the modification of order data (at the stage before the Customer places the order).
- Client - an adult natural person with full legal capacity, a legal person and an organizational unit without legal personality, which is granted legal capacity by law, which performs a legal transaction with an entrepreneur that is not directly related to its business or professional activity.
- Consumer - A customer who is a consumer within the meaning of Art. 22(1) of the Civil Code, i.e. a natural person concluding a legal act with Animals@shop (e.g. concluding a contract) not directly related to his or her business or professional activity.
- Account – marked with an individual name (login) and password, a set of resources in the Service Provider's IT system in which the Service Recipient's data is collected, including information about placed Orders.
- Newsletter – Electronic Service allowing the Service User to subscribe and receive free information from the Service Provider regarding Products available in the Store to the e-mail address provided by the Service User.
- Separate Regulations – separate regulations posted on the website www.animalsatshop.com regulating further issues that are not regulated in detail in these Regulations, in particular the functionality of the website and the Animals@shop service.
- Product – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- Statute - this document specifying the rules for concluding Sales Agreements and the rules for providing and using services made available by the Seller via the Online Store to Customers. The Regulations define the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
- Service - an organized IT and information platform connected to the Internet enabling the use of IT mechanisms and information developed by Animals@shop and third parties, available at the Internet address www.animalsatshop.com.
- Store - The Service Provider's online store operating at www.animalsatshop.com.
- Seller, Service Provider - Animals@shop Sp. z o. o. based in Gdańsk (80-241), Al. Grunwaldzka no. 56 lok. 113 entered into the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division under KRS number 0000906276, NIP 9571134394, REGON 389195960, with a share capital of PLN 5,000.00, paid in full, who can be contacted: in writing, by sending correspondence to the following address: Animals@shop Sp. z o. o. Al. Grunwaldzka no. 56 lok. 113, 80-241 Gdańsk, e-mail address: info@animalsatshop.com, contact telephone number: (+48) 665 88 92 88 (charge as for a standard call - according to the price list of the relevant operator) and in any other way indicated on the animalsatshop website. com.
- Feedback system - Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions regarding the course and execution of transactions.
- Content - content made available on the Website, including in particular works protected by copyright, trademarks, software, databases and other materials, including, among others: graphic elements, texts, video materials, as well as their selection and combination on the Website.
- Sales agreement – Product Sales Agreement concluded between the Customer and the Seller via the Store.
- Electronic service – service provided electronically by the Service Provider to the Service User via the Store.
- Service recipient – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
- Order - the Customer's declaration of will expressing the direct will to conclude a Distance Sales Agreement, submitted using means of distance communication, specifying the Products for which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and execution of the Sales Agreement. The order for each Product will be treated as an independent offer by the Customer to conclude a Sales Agreement (technical facilitation). This also applies to situations where the Seller, as part of the functionality of the Online Store, for objective (factually justified) reasons, makes the conclusion or content of the Sales Agreement for a given Product dependent on the conclusion of another Sales Agreement due to the direct relationship between the Products. An order may be assigned one number, and all offers will be processed in parallel. Acceptance of the Order means conclusion of the Sales Agreement (see above.
- Loyalty program – loyalty program offered by the Seller. The program regulations are available in the Loyalty Program Regulations tab.
REGISTRATION AND CREATION OF AN ACCOUNT
- Registration, i.e. having an Account on the website, is not required to view the content available on the Website. When the Customer enters the address of the Website's website in the web browser or uses the redirection function to the website, an agreement for the provision of Electronic Services is concluded between the Customer and the Seller. When you leave the Website, the contract for the provision of Electronic Services is terminated.
- Orders may be placed in the Online Store after registering on the Website or without registering. Upon registration on the Website (i.e. creation of an Account), an agreement for the provision of Electronic Services is concluded between the Seller and the Customer regarding the creation of an Account. This agreement is concluded for an indefinite period.
- An account can only be created by Customers who are Consumers.
- Creating an Account is possible after reading and accepting these Regulations.
- Registration on the Website can only be done online.
- Registration on the Website takes place online by the Customer performing the following activities:
- completing the registration form on the website www.animalsatshop.com;
- submitting a declaration of acceptance of the content of these Regulations; and
- clicking the "Create an account" box (or possibly another similar box).
- After creating the Account, the Customer is sent an e-mail asking to confirm the e-mail address provided during registration.
- The Seller confirms the successful completion of the registration process by sending the Customer a welcome e-mail. In connection with registration, an individual Customer Account is created on the Website.
- Registration on the Website is free of charge.
- Registration on the Website provides the Customer with the opportunity to use the functionality of the Account.
- After registering on the Website, the Customer each time gains access to his Account after logging in to the Website by providing his e-mail address and password.
- The Seller may terminate the Agreement for the Provision of Electronic Services concluded with the Customer regarding the creation of an Account for the following important reasons:
- blocking the Customer Account referred to in section 18 of this paragraph;
- failure of the Customer to make a purchase within 5 years from the date of the last purchase transaction;
- changes in generally applicable legal provisions and judgments, decisions, resolutions, guidelines, interpretations, recommendations or orders of public authorities affecting the mutual rights and obligations of the parties;
- change in the scope and type of services provided/Products sold, including in particular the introduction of new services provided electronically/new Products or changes in the existing functionalities of the Website, including the Online Store, and withdrawal of the Website or certain of its functionalities;
- change in technical conditions for the provision of Electronic Services;
- changing the process of concluding Sales Agreements;
- changing the method, dates and costs of deliveries/payments/returns/complaints;
- changing business processes and business concepts.
- The Customer may terminate the contract for the provision of Electronic Services concluded with the Seller regarding the creation of an Account without specifying the reasons.
- Termination of the Agreement for the Provision of Electronic Services for the creation of an Account referred to in section 12 and section 13 of this paragraph shall be effected with a 14-day notice period, which shall commence upon delivery to the other party of a declaration of termination of this contract by e-mail. The Customer's declaration of termination of the contract for the provision of Electronic Services should be sent to the Seller at the e-mail address.
- The termination of the binding force of the contract for the provision of Services by Electronic Means does not affect the binding force and content of Sales Agreements that were concluded by the Customer before the date of termination of the binding force of the contract for the Provision of Services by Electronic Means. If the contract for the provision of Electronic Services regarding the creation of an Account ceases to be binding between the parties, the Account of a given Customer will cease to be active and available to him, and any orders placed by him under the Account, with the exception of orders for which Agreements have already been concluded Sales will be canceled. Upon the expiry of the notice period for the contract for the provision of electronic services specified in section 14 above, the Account on the Website is deleted.
- The Seller is entitled to block the Customer's Account in cases provided for in generally applicable laws, as well as for the following important reasons:
- repeated failure to pay by the Customer within the deadline set in the Regulations for an order placed with the choice of payment method in the form of a bank transfer;
- repeated failure to pay by the Customer for an order placed by selecting the cash on delivery method upon receipt of the shipment;
- violation by the Customer of generally applicable provisions of law, the rights of the Seller and third parties (including in particular personal rights), the good name of the Seller or the principles of social coexistence when using the Website;
- the Customer taking actions contrary to the Regulations, aimed at extorting benefits from the Seller;
- if the Customer provided false personal data during registration;
- if the Customer has re-created the Account after the Seller has previously terminated the Agreement for the Provision of Electronic Services concluded with the Customer for the creation of an Account;
- other violation by the Customer of the provisions of the Regulations.
- Blocking the Account in the situations referred to in section 16 above results in blocking the Customer from placing orders in the Online Store. If the Customer is interested in unblocking the Account, he or she should contact the Seller using the contact details to clarify the matter.
CONCLUSION OF A SALES AGREEMENT
- The information provided on the Website does not constitute an offer to conclude a Sales Agreement regarding the Products presented therein within the meaning of the Civil Code, only an invitation to submit offers within the meaning of Art. 72 of the Civil Code.
- By placing an order, the Customer submits an offer to the Seller to conclude a Sales Agreement.
- The offer is binding for the Customer only if the Seller immediately sends confirmation of its receipt (order confirmation) to the e-mail address provided by the Customer. Such confirmation is also the Seller's declaration of will to accept the offer (and thus constitutes the moment of concluding the Sales Agreement). The Seller, without giving a reason, reserves the right not to accept the offer submitted by the Customer. If the Seller does not immediately, but no later than within 7 days from the date of placing the order by the Customer, send confirmation of its receipt, then the Sales Agreement is not concluded and all payments made will be immediately returned to the Customer.
- If the Sales Agreement is concluded, the Seller will then send confirmation of sending the Product to the e-mail address provided by the Customer, however, in the case of partial deliveries as part of one order, the Seller may send several separate e-mails confirming the sending of individual parts of the order.
- Information regarding the order placed by the Customer is stored by the Seller and sent to the Customer by e-mail in confirmation of receipt of the offer referred to in section 3 above and in the confirmation(s) of sending the Product referred to in section 4 above.
- An accounting document (invoice/receipt) confirming the conclusion of the Sales Agreement will be sent to the Customer in an electronic version to the Customer's e-mail address indicated in the Customer Account or indicated in the process of placing an order without registration on the Website immediately after sending an e-mail confirming the shipment of the Product, referred to in section 4 above. In the case of partial deliveries within one order, the accounting document will be sent after sending an e-mail confirming that the last part of the order has been sent.
- Adding a Product to the Cart does not constitute a reservation of the Product or a guarantee of price stability for the Product.
- The Sales Agreement is concluded at the prices that were valid at the time the Customer submitted the offer, which was then accepted by the Seller. In the remaining scope, the Seller may freely change prices. Prices include all taxes and duties, including tax on goods and services (this is the gross price). Prices do not include delivery costs, which are determined separately during the ordering process in the Online Store.
- If the Customer has registered on the Website, he/she is not allowed to share the password with third parties. The Seller is not responsible for orders placed by unauthorized third parties to whom the Customer provided his password or who gained access to the Customer's account as a result of the Customer's failure to comply with the rules of caution when using the password to the account on the Website.
- Sales Agreements within the Online Store may only be concluded by Customers.
- Sales Agreements are concluded only in Polish.
- The Seller takes care of the Customer's well-being and strives to guarantee as many Customers as possible the opportunity to purchase Products available in the Online Store.
DELIVERY
- Products are shipped directly by the Seller via DPD Polska sp. z o. o. based in Warsaw (02-274), ul. Mineralna 5, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000028368, with NIP: 526-020-41-10, share capital: PLN 228,604,000 and via InPost Sp. parcel lockers. z o. o. - a Polish private logistics operator, a company belonging to the Integer.pl SA capital group. The Buyer selects the delivery method independently.
- The Seller will make every effort to ensure that the Product is delivered to the Customer as soon as possible, but no later than within 30 days from the date of conclusion of the Sales Agreement. The customer will be informed about the expected delivery date after placing the order.
- If the delivery is made to the address indicated by the Customer, the rights of the persons receiving the shipment at this address will not be examined. If delivery is impossible or difficult due to the provision of an incorrect address or an address that has become incorrect or due to the fact that the delivery was not accepted at that address or was not accepted there immediately, the Customer is responsible for this.
PAYMENT METHODS
- The seller provides the following payment methods:
- Payment via electronic payment services is PayPal and Przelewy24;
- Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro;
- Payment with loyalty program points;
- Possible current payment methods are specified in the Online Store in the "Payment methods" tab and each time the Customer expresses his will to be bound by the Sales Agreement. Available payment methods may depend on the delivery method or Product selected by the Customer. Available payment methods may change if several Orders are placed at the same time, in particular due to the Products covered by them.
- Transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice via authorized services.
- If the Seller fails to receive the payment from a Customer who has chosen payment in advance, i.e. payment by transfer, electronic payment or payment by payment card, BOK may contact the Customer to remind the Customer about the payment, including by sending an e-mail.
- Failure to pay:
- in the case of electronic payment or payment by payment card - within 24 hours of placing the Order;
- in the case of payment by bank transfer - within 3 days of placing the Order, will result in non-acceptance of the offer submitted by the Customer as part of the Order. The Customer may also, until receiving information about the shipment of the Order, cancel it without any consequences by contacting the Seller via BOK, which does not violate his right to withdraw from the contract.
- If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment. Refusal to collect the Product, despite setting an additional appropriate deadline, is a condition terminating the Sales Agreement. The Customer may also cancel the Order without any consequences within the specified period, which does not affect his right to withdraw from the contract.
- If the Customer chose payment in advance and paid it, failure to collect the Product within the specified period is a condition terminating the Sales Agreement - in such a situation, the Seller will refund the payment to the Customer immediately after receiving the Product.
RIGHT OF WITHDRAWAL
- If the Buyer is a Consumer or an Individual Entrepreneur, then pursuant to the Act of May 30, 2014 on Consumer Rights, he has the right to withdraw from the Sales Agreement in accordance with the provisions below. Otherwise, the following provisions shall not apply.
- The Buyer may withdraw from the Sales Agreement without giving reasons within 30 days from the date of receipt of the Product, and in the case of a Sales Agreement that covers many Products that are delivered in parts as part of one order, this period is counted from the date of receipt of the last Product covered by the order. To meet this deadline, it is sufficient to submit a declaration of withdrawal before its expiry. For this purpose, the Customer may use the return form prepared by the Seller (including a declaration of withdrawal from the Sales Agreement), which is attached to each order, by sending the completed form to the address indicated in section 3 below. The customer may also use the withdrawal form constituting Annex No. 2 to the Act of May 30, 2014 on consumer rights. The customer does not have to use a ready-made withdrawal form.
- The returned Product should be sent by the Customer to the following address: Animals@shop Sp. z o. o. ul. Sosnowa 15, 83-331 Przyjaźń.
- If the right of withdrawal is effectively exercised, the Sales Agreement is deemed not to have been concluded. The Customer is liable for any reduction in the value of the purchased Product resulting from using the Product in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- The Product should be returned immediately together with the submission of the declaration of withdrawal or separately - but no later than within 14 days from the date of submission by the Buyer to the Seller of the declaration of withdrawal from the Sales Agreement.
- The product may also be returned by the Customer via the courier company indicated by the Seller or via Inpost parcel lockers. If the return of the Product is made together with the Customer's submission of a declaration of withdrawal, then the Customer should attach a declaration of withdrawal to the courier parcel or a parcel intended for an Inpost parcel locker (the Customer may use the form referred to in section 2 above).
- The cost of returning the Product in the manner specified in section 7 above - i.e. via the courier company indicated by the Seller or via the Inpost parcel locker - is borne by the Seller. If the Product is returned in a different way, the direct costs of return are borne by the Customer.
- The refund of the Product price paid by the Buyer together with the costs of its shipment to the Buyer will be made by the Seller immediately, no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the Sales Agreement. The refund will be made using the same form of payment as used by the Customer, unless the Customer agrees to a different method of return, which will not involve any costs on his part. The Seller may withhold the refund of payments received from the Buyer until it receives the Product back or until the Buyer provides proof of its return, depending on which event occurs first. If the Buyer has chosen a method of delivering the Product other than the cheapest standard method of delivering the Product offered by the Seller, the Seller is not obliged to reimburse the Buyer for any additional costs incurred.
- If the Buyer paid for the Product by bank transfer, the refund will be made to the bank account from which the payment was made, unless the Buyer indicates a different bank account number in the declaration of withdrawal from the Sales Agreement.
- If the Buyer paid for the Product upon receipt of the shipment in cash (cash on delivery), then the refund will be made in cash or to the bank account indicated by the Buyer in the declaration of withdrawal from the Sales Agreement.
- The Seller does not verify from which bank account or credit card the payment for the Products ordered in the Online Store was made. Such verification is not made before the refund of the Product price and shipping costs to the Buyer.
- The Buyer is not entitled to the right of withdrawal in the cases specified in the provisions of the Act of May 30, 2014 on consumer rights, i.e. in particular in the case of the Sales Agreement:
- in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;
- in which the subject of the service is a Product 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.
WARRANTY
- Seller pursuant to Art. 558 §1 of the Civil Code completely excludes liability towards customers for physical and legal defects (warranty).
- The Seller is liable to the Consumer under the terms set out in Art. 556 of the Civil Code and subsequent ones for defects (warranty).
- In the case of a contract with a Consumer, if a physical defect is detected within one year from the date of delivery of the item, it is assumed that it existed at the time of transfer of the danger to the Consumer.
- If the sold item has a defect, the consumer may:
- submit a declaration requesting a price reduction;
- submit a declaration of withdrawal from the contract;
unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect, he is not entitled to replace the item or remove the defect.
- The Consumer may, instead of removing the defect proposed by the Seller, request replacement of the item with a defect-free one or instead of replacing the item, request removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. , however, when assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found, and the inconvenience to which the Consumer would be exposed to another method of satisfaction are taken into account.
- The consumer cannot withdraw from the contract if the defect is minor.
- If the sold item has a defect, the consumer may also:
- demand that the item be replaced with a defect-free one;
- demand removal of the defect.
- The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
- The Seller may refuse to satisfy the Consumer's request if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible method of bringing it into compliance with the contract.
- If the defective item has been installed, the Consumer may demand that the Seller dismantle and reinstall it after replacing it with a defect-free one or removing the defect, but he or she is obliged to bear part of the related costs exceeding the price of the item sold or may demand that the Seller pay part of the costs. disassembly and reassembly, up to the price of the item sold. If the Seller fails to fulfill the obligation, the Consumer is authorized to perform these activities at the Seller's expense and risk.
- A Consumer who exercises warranty rights is obliged to deliver the defective item to the complaint address at the Seller's expense, and if, due to the type of item or the method of its installation, delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place where where the thing is located. If the Seller fails to fulfill the obligation, the Consumer is entitled to return the item at the Seller's expense and risk.
- The Seller is obliged to accept the defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawing from the contract.
- The Seller will respond within fourteen days to the provisions based on Art. 561 5 of the Civil Code: declarations requesting a price reduction, requesting the replacement of the item with a defect-free one, requesting the removal of the defect. The Seller will respond within thirty days (Article 7a of the Consumer Law) to any other declaration of the Consumer that does not apply to the fourteen-day period specified in the Civil Code. Otherwise, it is deemed that the Consumer's statement or request is justified.
- The Seller is liable under the warranty if a physical defect is detected within two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item before the expiry of one year from the date of delivery of the item to the Consumer.
- The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free one expires after one year from the date of detection of the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item before the expiry of one year from the date of delivery of the item to the Consumer. handing over the item to the Consumer.
- If the shelf life of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of the item found before the expiry of this period.
- Within the deadlines specified in §9 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or a price reduction due to a physical defect of the sold item, and if the Consumer requested that the item be replaced with a defect-free one or that the defect be removed, the deadline for submitting a declaration of withdrawal from contract or price reduction begins upon the ineffective expiry of the deadline for replacing the item or removing the defect.
- In the event of an investigation before a court or arbitration court of one of the warranty rights, the deadline for exercising other rights to which the Consumer is entitled in this respect is suspended until the final conclusion of the proceedings. It also applies accordingly to mediation proceedings, however, the deadline for exercising other warranty rights to which the Consumer is entitled begins to run from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective termination of the mediation.
- §8 points 15-16 shall apply to the exercise of rights under the warranty for legal defects of the sold item, except that the period starts from the date on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of claim by a third party - from the date on which the judgment issued in the dispute with the third party became final.
- If, due to a defect in the item, the Consumer has made a declaration of withdrawal from the contract or price reduction, he or she may demand compensation for the damage suffered by concluding the contract without being aware of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, in particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses incurred to the extent that he did not benefit from them and did not receive them from a third party, and reimbursement of the costs of the proceedings. This does not prejudice the provisions on the obligation to repair damage on general principles.
- The expiry of any deadline for identifying a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
- If the Seller is obliged to provide a service or financial benefit to the Consumer, it will be performed without undue delay, no later than the deadline provided for by law.
LIABILITY FOR DAMAGES
- Compensation for breach of obligations arising from the Sales Agreement is due in cases provided for in applicable law. The same applies to liability for damage caused by a dangerous product. Follow any instructions on packaging or containers. The Seller is not responsible for the consequences of using the Products inconsistently with these instructions, or for the consequences of failure to follow these instructions.
- The Seller's liability towards a Customer who is not a Consumer or an Individual Entrepreneur is limited to the amount that the Customer paid for the Product together with delivery costs (if applicable).
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables the use of Electronic Services via the Store such as:
- concluding Product Sales Agreements;
- maintaining an Account in the Store;
- using the Newsletter,
- using the Feedback System.
- The provision of Electronic Services to Service Users in the Store takes place on the terms specified in the Regulations.
- The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- The provision of Electronic Services specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
- The period for which the contract is concluded:
- the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period;
- the contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a fixed period of time and is terminated when the Order is placed or the Service User stops placing it;
- the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period;
- the contract for the provision of Electronic Services consisting in posting Opinions is concluded for a fixed period and terminates when the Opinion is posted or the Service User stops posting it;
- Technical requirements necessary for cooperation with the IT system used by the Service Provider:
- computer (or mobile device) with Internet access;
- access to e-mail;
- Web browser;
- enabling Cookies in your web browser.
- The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
- The service recipient is obliged to enter data consistent with the actual situation.
- The Service Recipient is prohibited from providing illegal content.
INTELLECTUAL PROPERTY
- Exclusive rights to the Content made available/placed within the Online Store by the Seller or its contractors, in particular copyrights, the name of the Online Store (trademark), its graphic elements, software and database rights are subject to legal protection and are vested in the Seller or entities with which the Seller has concluded appropriate agreements. The customer is entitled to use the above-mentioned. Content, free of charge, as well as to use the Content posted in accordance with the law and already disseminated by other Customers within the Online Store, but only for your own personal use and solely for the proper use of the Online Store, worldwide. The use of the Content in any other scope is permitted only on the basis of express, prior consent granted by the authorized entity, in writing, under pain of nullity.
- By placing any Content in the Online Store, in particular graphics, comments, opinions or statements on the Account or elsewhere in the Online Store, the Customer hereby grants the Seller a non-exclusive, free license to use, record, change, delete, supplement, publicly perform, publicly display , reproduction and dissemination (especially on the Internet) of these Contents throughout the world. This right includes the right to grant sublicenses to the extent justified by the implementation of the Sales Agreement or Service Provision Agreement (including the operation and development of the Online Store), as well as the authorization to exercise independently or with the help of third parties dependent rights in the field of development, adaptation, processing and translation. work within the meaning of the Act on Copyright and Related Rights of February 4, 1994. To the extent that the Customer is not entitled to grant the licenses referred to in this section. 2, the Customer undertakes to obtain such appropriate licenses for the Seller.
NEWSLETTER
- The customer may consent to ordering the newsletter service (subscription). The newsletter service consists in periodically sending the Seller's information bulletin and messages containing marketing content (commercial information) of the Seller and its business partners (including content regarding the products of the Seller and its business partners and Promotions) to the provided e-mail address. The newsletter subscription is made by selecting the appropriate option in the registration form or at a later date in the "Your account" tab ("Newsletter" link).
- Subscription to the newsletter is voluntary and free of charge. The newsletter service is provided for an indefinite period and the Customer may unsubscribe from it at any time.
- Ordering the newsletter service entitles the Customer to receive a 2% discount on selected products offered by the Seller. The discount is valid only during the newsletter subscription period.
- The customer may unsubscribe from the newsletter at any time by checking the appropriate box in the "Your account" tab ("Newsletter" link) or via Customer Service. Unsubscribing from the newsletter results in the loss of the 2% discount specified in section 3.
OPINIONS IN THE ONLINE STORE
- The Online Store customer has the opportunity to voluntarily and free of charge submit an opinion regarding purchases made in the Online Store. The subject of an opinion may also be a rating, photo or review of a product purchased in the Online Store.
- After making purchases in the Online Store, the Seller sends the Customer an e-mail with a request to submit an opinion and a link to the online form enabling its issuance - the online form allows you to answer the Seller's questions regarding purchases, evaluate them, add your own description of the opinion and a photo of the purchased product. . If no opinion is issued after receiving the first invitation to leave an opinion, the Seller will resend the invitation.
- An opinion can only be issued by a Customer who made a purchase in the Seller's Online Store.
- The opinions issued by the Customer are published by the Seller in the Online Store.
- Issuing an opinion cannot be used by the Customer for illegal activities, in particular for activities constituting an act of unfair competition towards the Seller, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.
- Opinions can only be issued for products actually purchased in the Seller's Online Store. It is prohibited to conclude fictitious/sham sales contracts for the purpose of issuing opinions. The author of the opinion cannot be the Seller himself or his employees, regardless of the basis of employment.
- An opinion submitted may be deleted by its author at any time.
PERSONAL DATA PROTECTION
- The Customer's personal data are processed by the Seller as the personal data administrator.
- Providing personal data by the Customer is voluntary, but necessary to create an Account, use specific Electronic Services, and conclude a Sales Agreement.
- Detailed information on the protection of personal data is included in the "Privacy Policy" tab available in the Online Store.
LOYALTY PROGRAM
Detailed rules of individual Loyalty Programs are specified in separate regulations communicated on the Website www.animalsatshop.com .
TERMINATION OF THE AGREEMENT AND CHANGE OF THE REGULATIONS
- The Seller may terminate the Service Provision Agreement or any license agreement with the Customer at any time with a one-month notice period for important reasons, understood as (closed catalogue):
- a change in the legal provisions regulating the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of offices or bodies competent in a given field;
- change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements specified in these Regulations);
- changing the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing existing functionalities or services covered by the Regulations by the Seller.
- Regardless of the content of section 1, taking into account the Seller's special attention to the protection of the Customer's personal data and their processing for an appropriate period of time, the Seller may terminate the Service Provision Agreement with immediate effect in the event of the Customer's inactivity in the Online Store for an uninterrupted period of at least 3 years.
- The Seller's declaration to the extent specified in section 1 and 2 above are sent to the e-mail address provided by the Customer when creating an Account or placing an Order.
- The Seller may terminate the Customer's Service Agreement or any license agreement with a seven-day notice period and/or deny him the further right to use the Online Store and place Orders, and may also limit his access to some or all of the Content for important reasons, i.e. in the event of a gross violation of these Regulations by the Customer, i.e. in situations where the Customer (closed catalog) violates the provisions of the Regulations.
- For important reasons, i.e. in the event of a gross violation of these Regulations by the Customer, the Seller may not accept the Customer's offer, including specific forms of payment or delivery, in order to avoid further damage. This provision applies regardless of what data the Customer identifies himself with and what data he provides when placing the Order.
- In the event of placing another Order by the Customer to whom the provisions of section. 5 above, the Seller will contact the Customer by sending a message to the e-mail address provided by the Customer to notify about the Customer's gross violation of the Regulations and non-acceptance of the offer, while indicating alternative methods of concluding the Sales Agreement or methods of payment or delivery.
- The customer to whom the provisions of section. 4 or 5 above may use the Online Store or use a specific payment or delivery method after prior contact with the Seller (via BOK) and obtaining the Seller's consent to continue using the Online Store or using a specific payment or delivery method.
- The Regulations and annexes to the Regulations constitute a standard contract within the meaning of Art. 384 § 1 of the Civil Code.
- The Seller may change these Regulations in the event of at least one of the following important reasons (closed catalogue):
- a change in the legal provisions regulating the sale of Products or the provision of services by electronic means by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of offices or bodies competent in a given field;
- change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements specified in these Regulations);
- changing the scope or method of providing services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing existing functionalities or services covered by the Regulations by the Seller.
- In the event of changes to the Regulations, the Seller will make the consolidated text of the Regulations available by publication in the Online Store and by means of a message sent to the e-mail address provided when concluding the Service Provision Agreement by the Customer, which the Parties consider as introducing information about the change into the means of electronic communication. in such a way that the Customer can read its content.
- The change to the Regulations comes into force 14 days from the date of sending information about the change. In the case of Customers who have concluded a Service Provision Agreement, i.e. those who have an Account, they have the right to terminate the Service Provision Agreement within 14 days from the date of notification of the change to the Regulations. Changes to the Regulations that have a positive impact on the situation of the Customer who is a Consumer, in particular granting him additional rights, come into force on the date specified in the Regulations, and if there is no such indication - on the day the Seller sends information about the amendment to the Regulations. The change in the Regulations does not affect the Sales Agreements concluded by the Customer and the Seller before the change in the Regulations.
DISPUTE RESOLUTION
- Agreements concluded through the Store are concluded in accordance with Polish law.
- In the event of inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
- Any disputes arising from Sales Agreements between the Store and Consumers will be resolved first through negotiations, with the intention of ending the dispute amicably, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for any of the parties, disputes will be resolved by a competent common court, in accordance with section 4 of this paragraph.
- Judicial dispute resolution:
- Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended);
- Any disputes arising between the Service Provider and the Service Recipient who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Service Provider.
- The Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded on the website http://www.uokik.gov. pl/download.php?plik=6223 ). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596 . The consumer may also benefit from free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
- In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/ .
FINAL PROVISIONS
- The Regulations are valid from March 1, 2023.
- Contracts concluded by the Seller are concluded in Polish.
- Consolidation, security and disclosure of essential provisions of the concluded Agreement for the Provision of Electronic Services takes place by sending an e-mail to the e-mail address provided by the Customer.
- Consolidation, security, disclosure and confirmation of the essential provisions of the Sales Agreement to the Customer takes place by sending the Customer an e-mail confirming the submission of the Order (durable medium). The content of the Sales Agreement is additionally recorded and secured in the online store's IT system. After concluding the Sales Agreement, the Seller provides the Customer with proof of purchase in electronic form or together with the shipment containing the Product. The order specification may also be attached to the shipment. If the Customer requests the issuance of a VAT invoice, the Customer agrees that the VAT invoice will be sent to the e-mail address provided by him. The Seller may introduce technical methods of authenticating the Customer before downloading the proof of purchase or VAT invoice.
- The Seller provides technical and organizational measures appropriate to the degree of threat to the security of the functionalities or services provided under the Service Provision Agreement. The use of Electronic Services involves typical risks related to the transmission of data via the Internet, such as their dissemination, loss or access to them by unauthorized persons.
- The content of the Regulations is available to Customers free of charge at the following URL address: https://animalsatshop.com/regulamin-sklepu, from where Customers can view and print it at any time.
- The Seller informs that using the Online Store via a web browser, including placing an Order and making a telephone call to Customer Service, may involve the need to incur the costs of connecting to the Internet (data transmission fee) or the costs of a telephone call, in accordance with tariff package of the service provider used by the Customer.
- In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.
- The choice of Polish law under these Regulations does not deprive the Consumer of the protection granted to him under provisions that cannot be excluded by an agreement between the Seller and the Consumer, under the law that, in accordance with the relevant regulations, would be applicable in the absence of choice.
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Support the construction of a wild animal rehabilitation center in Poland
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