TERMS AND CONDITIONS OF ONLINE STORE ANIMALSLOVE.PL
CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS OF CONTRACT OF SALE
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
- PRODUCT COMPLAINT
- OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL
- PROVISIONS FOR ENTREPRENEURS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
This Regulations of the Online Store was prepared by the lawyers of the website Prokonsumencki.pl . The online store www.animalslove.pl cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Regulations are not intended to exclude or limit any of the rights of consumers under the mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Rules and Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Internet store available at the Internet address www.animalslove.pl is run by Andrzej Moćko conducting business activity under the name F.H.U.P “OPOKA”. – ANDRZEJ MOĆKO entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the competent minister for economy, having: address of place of business: ul. Wolności 103, 34-220 Maków Podhalański and delivery address: Zawoja 2294, 34-222 Zawoja, NIP 5521222119, REGON 070637792, e-mail address: kontakt@animalslove.pl, telephone number: +48 788 370 780.
1.2. These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.
1.3. The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The Privacy Policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964. (Journal of Laws 1964 No. 16, item 93 as amended).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
1.4.7. WISH LIST – Electronic Service, an interactive wish list available on the Online Store that allows storing the Products so completed in the cache of the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.4.10. INTERNET STORE – Provider’s online store available at the following Internet address: www.animalslove.pl.
1.4.11. SELLER, SERVICE PROVIDER – Andrzej Moćko conducting business activity under the business name F.H.U.P “OPOKA” – ANDRZEJ MOĆKO entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the minister responsible for economy, having: address of place of business: ul. Wolności 103, 34-220 Maków Podhalański and delivery address: Zawoja 2294, 34-222 Zawoja, NIP 5521222119, REGON 070637792, e-mail address: kontakt@animalslove.pl, telephone number: +48 788 370 780.
1.4.12. SALE AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.
1.4.14. USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – Law of May 30, 2014. On consumer rights (Journal of Laws 2014 item 827 as amended).
1.4.16. ORDER – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available on the Online Store: Account, Order Form and Wish List.
2.1.1. Account – use of the Account is possible after the Service Recipient completes a total of two consecutive steps – (1) completing the Registration Form and (2) clicking the “Register” field. In the Registration Form, it is necessary for the Service Recipient to provide his e-mail address. The password to the Account is generated automatically – the Customer has the right to change the password at any time after logging into the Account or using the link sent to the e-mail address provided in the Registration Form. You can also create an Account by checking the appropriate checkbox when placing an Order – as soon as the Order is placed, the Account is created.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@animalslove.pl or in writing to the address: Zawoja 2294, 34-222 Zawoja.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “” box on the Online Store page after completing the Order Form.I buy and pay” – up to this point it is possible to modify the entered data on your own (for this purpose, follow the messages displayed and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of non-consumers, it is also necessary to provide the company name and Tax Identification Number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
2.1.3. Wish List – use of the Wish List does not require an Account. Each Service Recipient may add any Product to a handy list, the compilation of which does not create any obligation on the part of the Service Recipient, nor is it equivalent to placing an Order. The Customer can access the current Wish List by clicking on the appropriate icon visible at the top of the Online Store page.
2.1.3.1. The Electronic Wish List Service is provided free of charge for an indefinite period of time. The Customer has the option at any time to opt out of the Wish List by either deleting the Products added to it or deleting the Cookies stored in the browser.
2.2. Technical requirements necessary to work with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.
2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The customer is obliged to enter data in accordance with the facts. The recipient is prohibited from providing unlawful content.
2.4. Complaint procedure regarding Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) Service Recipient may submit, for example:
2.4.1.1. In writing to the address: Zawoja 2294, 34-222 Zawoja;
2.4.1.2. in electronic form via email to: kontakt@animalslove.pl.
2.4.2. It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client’s request; and (3) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.
2.4.3. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.2. The price of the Product shown on the website of the Online Store is given in Polish zloty and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including charges for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these charges – about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store by means of the Order Form.
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order on the Online Store in accordance with point. 2.1.2 of the Regulations.
3.3.2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the order, which contains at least the Seller’s statements about receipt of the order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in item. 3.3.2 of the Regulations. The content of the Sales Agreement is further recorded and secured in the computer system of the Seller’s Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement:
4.1.1. Payment by cash on delivery on delivery.
4.1.2. Payment by bank transfer to the Seller’s bank account.
4.1.3. Electronic payments and payment card payments via PayU.pl or PayPal.com – the possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the websites: https://www.payu.pl or https://www.paypal.com/pl.
4.1.3.1. Settlement of electronic payment and payment card transactions is carried out according to the Client’s choice via PayU.pl or PayPal.com. Electronic and card payment services are provided:
4.1.3.1.1. PayU.pl – the company PayU S.A. seated in Poznań (address: Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 4,944,000.00 fully paid up; NIP: 7792308495.
4.1.3.1.2. PayPal.com – a company of PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. Floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.2. Payment term:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.
5. THE COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
5.1. Delivery of the Product to the Customer is for a fee, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
5.2. The Seller provides the Customer with the following methods of delivery of the Product:
5.2.1. Postal delivery, cash on delivery.
5.2.2. Courier delivery, cash on delivery.
5.3. Delivery date of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or during the Ordering process. In the case of Products with different delivery dates, the delivery date shall be the longest date given, which, however, shall not exceed 7 Business Days. The beginning of the period for delivery of the Product to the Customer is calculated as follows:
5.3.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or checking account.
5.3.2. If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information about the Seller’s liability for a defect in the Product and the Customer’s rights are specified on the website of the Online Store in the information tab on complaints.
6.3. A complaint can be filed by the customer, for example:
6.3.1. In writing to the address: Zawoja 2294, 34-222 Zawoja;
6.3.2. in electronic form via email to: kontakt@animalslove.pl.
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.
6.5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer, exercising warranty rights, demanded replacement of the item or removal of the defect, or made a statement on reduction of the price, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that the demand was justified.
6.6. The customer who exercises warranty rights is obliged to deliver the defective product to the address: Zawoja 2294, 34-222 Zawoja. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller.
6.7. According to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
7.3. The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller’s place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and at the consumer hotline at 801 440 220 (hotline open on Business Days, 8:00 a.m. to 6:00 p.m., call charge at the operator’s tariff).
7.4 A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
8.1. A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal can be made, for example:
8.1.1. In writing to the address: Zawoja 2294, 34-222 Zawoja;
8.1.2. in electronic form via email to: kontakt@animalslove.pl.
8.2. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in Section. 11 Regulations. The consumer can use the model form, but it is not mandatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. for an agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of an agreement which: (1) involves a number of Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
8.3.2. For other contracts – from the date of the agreement.
8.4. In the case of withdrawal from a remote contract, the contract is considered not concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him/her, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for him. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of return, whichever event occurs first.
8.6. The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration. The consumer may return the Product to the address: Zawoja 2294, 34-222 Zawoja.
8.7. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to pay:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. The consumer shall bear the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services performed until the withdrawal. The amount of payment shall be calculated in proportion to the extent of the service rendered, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
8.9.1. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the Seller, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a Product delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products which, after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.
8.10. Contained in this section 8. The consumer provisions of the Regulations shall apply from January 1, 2021. and for contracts entered into from that date also to the Customer or Client who is a natural person entering into a contract directly related to his/her business activity, when the content of that contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. PROVISIONS FOR ENTREPRENEURS
9.1. This item 9. The Terms and Conditions and all provisions contained therein are addressed to and thus binding only on the Customer or Service Recipient who is not a consumer, and as of January 1, 2021. and for contracts entered into from that date, which is also not a natural person entering into a contract directly related to his business activity, when it is clear from the content of that contract that it does not have a professional character for that person, arising in particular from the subject matter of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
9.5. The liability of the Service Provider/Seller to the Customer/Client, regardless of its legal basis, shall be limited – both under a single claim and for all claims in the aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Customer against the Service Provider/Seller, including in the absence of a Sales Contract or unrelated to a Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The seller is also not responsible for the delay of the shipment.
9.6. Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.
10. FINAL PROVISIONS
10.1. Contracts concluded through the Online Store are concluded in the Polish language.
10.2. Amendment of the Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in legislation; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. In the case of conclusion of contracts of a continuous nature on the basis of these Regulations (e.g., provision of Electronic Service – Account), the amended Regulations are binding on the Service Recipient, if the requirements set forth in Art. 384 and 384[1] of the Civil Code, that is, the Customer was properly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. If the amendment to the Regulations would result in the introduction of any new fees or an increase in current fees, the Customer has the right to withdraw from the contract.
10.2.3. In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers prior to the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
10.3. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
10.4. These Terms and Conditions do not exclude the laws of the country of habitual residence of the consumer contracting with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection afforded to him/her under the regulations, which cannot be excluded by contract.
11. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 OF THE CONSUMER RIGHTS ACT)
Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)
– Address:
F.H.U.P “OPOKA” – ANDRZEJ MOĆKO
Zawoja 2294, 34-222 Zawoja
animalslove.co.uk
kontakt@animalslove.pl
– I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*).
– Date of contract(*)/acceptance(*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as necessary.