ONLINE STORE TERMS AND CONDITIONS
T&C specify, inter alia, the rules for concluding sales agreements through the Store, and contain the most important information about the Seller, the Store and the Consumer's rights.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Making purchase in the Store
§ 5 Payments
§ 6 Order fulfilment
§ 7 Right of withdrawal from the agreement
§ 8 Complaints
§ 9 Personal data
§ 10 Disclaimers
Annex no. 1: Model withdrawal from the Agreement
§ 1 DEFINITIONS
Working Days – days from Monday to Friday, excluding public holidays.
Account – the free Store function (service provided electronically), regulated by separate regulations, thanks to which the Buyer can set up his/her individual Account in the Store.
Consumer – A consumer within the meaning of the Civil Code.
Buyer - each person or entity making purchase in the Store.
Terms and Conditions – these Terms and Conditions.
Store - the online Dry Pools Store - Meow Baby, run by the Seller at www.meowbaby.eu.
Seller - Zorin Int Sp. z o.o., with its seat at ul. Witkowice 1, 78-100 Kołobrzeg, Poland, entered into the National Court Register - register of entrepreneurs by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, under KRS number 0000681256, tax ID number 9571095240, REGON number 36744550000000, share capital PLN 5,000.00, paid in full.
Goods, Product – a movable item, presented in the Online Store, to which the Sales Agreement applies.
Order – Buyer's declaration of will, with clearly specified type and quantity of Goods, aimed directly at the conclusion of the Sale Agreement.
§ 2 CONTACT WITH THE SELLER
- Postal address: ul. Witkowice 1, 78-100 Kołobrzeg.
- Email address: email@example.com.
- Phone number: 48 883 333 022.
§ 3 TECHNICAL REQUIREMENTS
- For the proper functioning of the Store, the following are necessary:
- A device with Internet access
- If you want to place an Order in the Store, in addition to the requirements set out in sec. 1, you need an active e-mail account.
- It is prohibited for Buyers to provide illegal information.
- Creating an Account is voluntary and depends on the will of the Buyer. The Account gives the Buyer additional options, such as: viewing the history of Orders placed by the Buyer in the Store, checking the status of the Order, or editing the Buyer's data.
- Registration in the Store is based on a correctly completed registration form, where the Buyer fills in the necessary identification data (name, surname), e-mail address and password; the Store Terms and Conditions accepted by the Buyer, and the Buyer's consent to the processing of his/her personal data to the extent necessary for the proper implementation of Orders. A message confirming the creation of an Account will be sent to the Buyer's e-mail address provided in the registration form. Upon receipt of the confirmation message, the Account maintenance agreement is concluded between the Buyer and the Store.
- Upon registering in the Store, logging in takes place using the data provided in the registration form or changed data, based on the Buyer's later request.
- If you want to cancel your Account, please send your resignation to the Seller at the following e-mail address: firstname.lastname@example.org. This will result in immediate deletion of your Account and termination of the Account maintenance agreement.
- It is also possible to log in via the Facebook or Google application by selecting the appropriate icon in the login form and giving your consent to the transfer of your data by these applications to the Store.
- The Store allows for placing Orders without having to register and log in to the Store. For this purpose, each time the Buyer places an Order, he/she is obliged to complete the electronic form by entering the data required by the Store, which is necessary for the Buyer identification and for the conclusion and performance of the sales agreement (name and surname, e-mail address, telephone number, delivery address). The Buyer is obliged to accept the current Terms and Conditions and fill in a declaration of consent to the processing of his/her personal data for the purposes of the Order.
- The Buyer may, at any time and without giving any reason, unsubscribe from the newsletter
by clicking the "Unsubscribe" link at the bottom of the message.
§ 4 MAKING PURCHASE IN THE STORE
- The prices of the Goods visible in the Store are total prices, including VAT.
- The Seller points out that the total price of the Order consists of the price elements indicated in the Store: the price for the Goods and, if applicable, the costs of delivery of the Goods. If the Goods are ordered for countries outside the EU, the Seller informs that the Buyer may be charged with additional customs duties.
- The Product selected for purchase should be added to the basket in the Store.
- Then, the Buyer selects the method of delivery of the Goods and the method of payment for the Order from the options available in the Store; he/she also provides the data necessary to complete the Order.
- The Order is placed upon confirmation of its content and acceptance of the Terms and Conditions by the Buyer, after he/she has read the information clause regarding the processing of his/her personal data. Optionally, the Buyer may agree to participate in reviewing the Seller and the Product and subscribe to the newsletter.
- Placing an Order is the same as concluding a sales agreement between the Buyer and the Seller.
- The Seller shall provide the Consumer with confirmation of the conclusion of the sales agreement on a durable medium, at the latest at the time of delivery of the Goods, i.e. by e-mail.
- The Seller offers a gift cards for sale; the Seller accepts payments for Goods by these cards. The card cannot be exchanged for cash.
- A gift card holder is entitled to use it within the period specified on the gift voucher document. The gift card is valid for 6 months from the date of its order. Failure to use the gift card before the deadline specified in the content of the gift document is tantamount to the expiry of the card and does not constitute grounds for making claims in this regard.
- An order for a gift card can be made via the Store, by selecting the "Gift card" tab on the Website, selecting the value of the gift card (upon selecting the value of the card, its price will be displayed, which includes the card delivery costs), and by completing the Order form as specified in § 4 sec. 4 of the Terms and Conditions.
- Cards can be used for purchases with the value grater than the value of the card. The remaining amount can be paid by bank transfer, after prior contact with the Store by e-mail.
- Cards have individual, one-time codes used to fulfil the order on their basis.
- The Seller is not liable for the loss of the gift card by the Buyer. In such cases, duplicates shall not be issued. Because the Card is marked by the codes referred to in point 12 of this section, it is possible to make a purchase using the code without having the card in its physical form. If the Gift Card holder does not know the code referred to above, he/she should contact the Seller in order to determine the identification data of the person authorized to use the Card and recover the code.
The Seller reserves the right to refuse to sell the Goods on the basis of gift cards without an individual code, or the cards that any other way raise doubts as to their authenticity or the right to use the Card.
- The amount due to the Buyer in case of the return of the Goods, or in case of a complaint due to a defect of the Goods paid for by the gift card is credited to the Buyer's Account (in this case, the Buyer who does not have an Account is obliged to register it), and is not refundable in cash. The amount remains available for use in the period for which the gift card was issued, i.e. 6 months.
§ 5 PAYMENTS
- The Orders placed can be paid for, depending on the Buyer's choice, by the following methods:
- Bank transfer to the Seller's bank account,
- Payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro),
- Through the payment platform (Dotpay, PayPal),
The Seller informs that the Dotpay payment service is provided by DotPay Sp. z o. o. with its seat at ul. Wielicka 28b, 30-552 Kraków, and PayPal service is provided by PayPal Polska Sp. z o.o. with its office at ul. Emilii Plater 53 00-113 Warszawa.
- Cash payment on delivery, i.e. the payment is made by cash at the time of delivery of the Goods to the Buyer, or by payment card if the courier accepts such payment on delivery. The cash on delivery option is additionally payable and available only for deliveries made in Poland; the Buyer is informed about its cost before placing the Order.
- If the Buyer selects payment in advance option, the Order must be paid for within 14 days of placing the Order.
§ 6 ORDER FULFILLMENT
- The Order completion date is indicated in the Store for each product in its description, but it shall not be longer than 30 days from the date of confirmation of the Order. The completion date of the Order consists of the Order completion date and the date of courier service (1-2 working days in Poland and up to 5 working days in other European countries).
- If the Buyer chose to pay for the Order in advance, the Seller shall proceed with the Order after the Order has been paid for.
- In a situation where, under one Order, the Buyer has purchased Goods with different delivery dates, the Order shall be processed on the date appropriate for the Goods with the longest deadline.
- If the products covered by the Order are not available in the warehouse, at the Store's suppliers or for other reasons, and the Order cannot be completed, the Store shall notify the Buyer of this fact within 10 working days from the date of placing the Order. In this case, the Buyer has the right to decide whether he/she agrees that the Order is completed within the period proposed by the Store, or whether he/she prefers to withdraw from the agreement. The Buyer has two options:
- partial fulfilment of the Order - if the Buyer chooses this option, the Order will be fulfilled only with the Products that are available;
- cancelation of the entire Order (withdrawal).
If the Buyer decides to withdraw from the agreement, the Store will reimburse the Buyer for the amount paid. The notification will be sent to the e-mail address indicated by the Buyer in the Order or registration form. If no decision is made within 7 working days of notification, the part of the Order referring to unavailable Products shall be cancelled.
- The Store delivers to all countries in Europe via the following carriers:
- Poczta Polska (Polish Post)
§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- The Consumer has the right to withdraw from the agreement concluded with the Seller via the Store within 14 days, without giving any reason. The deadline to withdraw from the agreement expires after 14 days from the date on which the Consumer came into possession of the Goods. In order to meet the deadline for withdrawal from the agreement, it is sufficient for the Customer to send information regarding the exercise of his/her right to withdraw from the agreement, before the deadline to withdraw from the agreement.
- In order for the Consumer to exercise his/her right to withdraw from the agreement, he/she must inform the Seller, using the data provided in § 2 of the Terms and Conditions, about his/her decision to withdraw from the agreement by an unequivocal statement. The Consumer may use the model withdrawal form that can be found at the end of these Terms and Conditions, but it is not obligatory.
- The Consumer is not entitled to the right to withdraw from a distance agreement in the following cases:
- The subject of the agreement is not a standard product but a product manufactured according to the Customer's specifications or to meet his/her individual needs.
- The subject of the agreement is a product delivered in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons - in case the packaging has been opened after the delivery.
The subject of the agreement is a product, which after delivery and due to its nature, is inextricably connected to other things.
EFFECTS OF WITHDRAWAL FROM THE AGREEMENT
- In the event of withdrawal from the concluded agreement, the Seller returns to the Consumer the payments received from him/her, including the costs of delivering the Goods to the Consumer, immediately, and in each case no later than 14 Working Days from the date on which the Seller was informed about the Consumer's decision to exercise his/her right to withdraw from the agreement. The costs of return shipment are borne by the Consumer.
- The reimbursement shall be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution. In each case the Consumer shall not incur any fees in connection with this return.
- The Seller may withhold payment return until the Product has been returned or until the proof of return is provided to the Seller, whichever occurs first. The Seller requests that the Goods are returned immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales agreement.
- The Goods to be returned should be sent to one of the addresses specified below, depending on the country to which they were originally shipped. If the Consumer's country is not included in the list below, he/she should send the returned Product to the address: ZORIN INT Sp. z o.o., ul. Witkowice 1, 78-100 Kołobrzeg, Tel. +48 883 333 022
- The Consumer is liable for the reduction of the value of the Product resulting from its use other than as necessary to establish the nature, characteristics, and functioning of the Product.
§ 8 COMPLAINTS
- The Seller is obliged to deliver the Goods without defects.
- In the event of a defect in the Goods, the Buyer has the option of complaining about the defective Goods on the basis of the warranty or guarantee referred to in the Civil Code, provided that the guarantee has been granted.
- Using the warranty, the Buyer may, on the terms specified in the Civil Code and within the time limits specified therein:
- Submit a price reduction statement
- If the defect is significant - submit a statement of withdrawal from the agreement
- Demand that a defective Product is exchanged for a Product free of defects
- Demand that the defect be removed
- The Seller asks you to submit a complaint under the warranty to the postal or electronic address indicated in § 2 of the Terms and Conditions.
- If it turns out that in order to process the complaint, it is necessary to deliver the Goods to the Seller, the Buyer is obliged to deliver these goods via the nearest post office, to the address: ul. Witkowice 1, 78-100 Kołobrzeg, after contacting the Store in order to obtain a shipping label.
- If an additional guarantee has been granted for the Product, information about the guarantee and its conditions is available in the Product description in the Store.
- Before collecting the parcel, the Buyer is asked to check its condition. If any external damage is found (if the parcel shows even a slight damage, it is dirty or wet), the Buyer is asked to make a damage report in the presence of the courier and immediately inform the Seller about the damage.
- Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Terms and Conditions.
- The complaint shall be processed by the Seller within 14 days.
- The Seller excludes the warranty rights in relation to the Goods purchased by Buyers who are not Consumers.
EXTRAJUDICIAL MEANS OF SETTLING CLAIMS AND REDRESS
In the event of a dispute between the Store and the Buyer as to the validity of the refusal to accept the complaint, the Buyer who is a Consumer has the right to use extrajudicial means of dealing with complaints and redress. The Buyer may use mediation or arbitration by submitting and appropriate form in the institution before which the proceedings are to take place - an application for mediation or an application for processing the case before an arbitration court. The list of some institutions with their contact details is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/odr the Consumer has access to the resolution of consumer disputes by electronic means using the EU internet platform (ODR platform).
§ 9 PERSONAL DATA
§ 10 DISCLAIMERS
- Each Order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the period of an Order and for the purpose of its fulfilment.
- Agreements concluded on the basis of these Terms and Conditions are concluded in the language appropriate for the selected language version of the Store.
- For each Product sold by the Store, a VAT invoice or other appropriate document is issued, in accordance with applicable tax regulations. The VAT invoice is delivered electronically to the email address provided by the Buyer or in the paper form, along with the delivery of the Goods. By accepting the Terms and Conditions, you agree that invoices are sent in electronic form. If the Buyer does not provide the tax ID number when placing the Order, or at the latest before the Product is shipped, it is considered that he/she has made a purchase as a Consumer.
- The applicable law is Polish law. Disputes arising between the Buyer and the Store shall be settled by the court competent for the seat of the Store, with the proviso that in relation to Consumers, these disputes shall be heard before the court according to the provisions of civil proceedings.
- In the event of discrepancies between the content of the Terms and Conditions and the provisions of individual agreements concluded by the Store and the Buyer regarding the provision of services, the provisions of these agreements shall prevail.
- The Store reserves the right to amend the Terms and Conditions. Any changes to the Terms and Conditions come into force on the date indicated by the Store on the date of announcement. Orders placed before the effective date of amendments to these Terms and Conditions are processed on the basis of the provisions in force on the date of placing the Order.
Returns and Complaints