ONLINE STORE REGULATIONS
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1. The Regulations define the principles and conditions of providing services electronically, including the use of the Store, and the rights, obligations and terms of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of 30 May 2014 on consumer rights (Journal of Laws 2017, item 683, as amended).
2. Every Client should read the Regulations.
3. The Regulations are available on the Store's website and are made available free of charge also before the conclusion of the agreement. At the Customer's request, the Regulations are also made available in a way that allows obtaining, reproducing and recording its content using the IT system used by the Customer (e.g. e-mail).
4. Basic definitions:
1) Regulations: Regulations of the Online Store;
2) Seller: ROBERT WESOŁY, conducting business activity under the name RW-ZONE ROBERT WESOŁY, ul. Kanclerska 16, 62-020 Gortatowo, NIP 7511103762 REGON: 531766260 , entered into the Central Register and Information on Business Activity
3) Customer: a natural person who is over 18 years of age and has full legal capacity, a legal person and an organizational unit without legal personality but which can acquire rights and assume obligations in its own name, which will establish a legal relationship with the Seller within the scope of the Store's activities. The Customer is also a Consumer, if there are no separate provisions in a given matter in relation to the Consumer;
4) Consumer: A customer who is a natural person concluding a legal transaction (purchase) with the Seller that is not directly related to his or her business or professional activity;
5) Supplier: the supplier of the Goods who directly ships the Goods to the Customer in agreement with the Seller;
6) Electronic Service – a service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017, item 1219, as amended), provided electronically by the Seller to the Customer via the Website;
7) Store or Online Store or Website: Electronic service, Online Store, run by the Seller at the internet address www.zoo-hobby.pl , within the framework of which the Customer concludes a distance sales agreement, the parties are informed about the sale by automatically generated e-mail, and the performance of the agreement (in particular the delivery of the Goods) takes place outside the internet;
8) Account – Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller's IT system, in which data provided by the Customer and information about activities within the Store are collected;
9) Goods or Product – goods sold in the Store, included in the Seller’s offer;
10) Agreement – a distance contract concerning the purchase of Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
11) Form – a script constituting an electronic means of communication enabling the placement of an Order in the Store or the performance of other activities in the Store;
12) Order – an order to purchase Goods placed by the Customer using technical means of communication;
13) Newsletter – Electronic Service, an electronic distribution service provided by the Seller via electronic mail (e-mail), which enables all Customers who use it to automatically receive periodic messages (newsletters) from the Seller containing information about the Service, including new products or promotions in the Store.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
1. Seller's contact details for the Customer: address ul. Kanclerska 16, 62-020 Gortatowo, e-mail address info@zoo-hobby.pl, telephone number +48787080099.
2. The Seller offers the following types of Electronic Services:
1) Online Store,
2) Newsletter,
3) Opinion (commenting),
4) Account.
3. The Seller provides Electronic Services in accordance with the Regulations.
4. The technical condition for using the Store is that the Customer has a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), access to the Internet and a current and active e-mail account.
5. The Customer is prohibited from providing content of an illegal nature.
6. Using the Store may involve threats typical of using the Internet, such as spam, viruses, hacker attacks. The Seller takes action to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining or modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the threats indicated above, including antivirus programs and programs protecting the identity of those using the Internet.
7. The conclusion of the agreement for the provision of free Electronic Services takes place via the Store via the Internet. The Customer may terminate the use of free Electronic Services at any time by leaving the Store or by deleting the Customer's account. In such a case, the agreement for the provision of free Electronic Services is terminated automatically without the need for additional declarations of the parties.
8. The Seller may – apart from other cases arising from legal regulations – process the following personal data of the Customer necessary to establish, shape the content, change or terminate the contract:
1) Client's surname and first names;
2) permanent address of residence;
3) correspondence address, if different from the residential address;
4) Customer's e-mail addresses;
5) telephone number;
9. The Seller may process, with the Customer's consent and for the purposes of advertising, market research and customer behavior and preferences, with the results of such research intended to improve the quality of services provided by the Seller, other data relating to the Customer that are not necessary for the provision of the service electronically.
SECTION 3. PERSONAL DATA
1. The Seller processes personal data provided by Customers in accordance with applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, hereinafter referred to as the "Regulation"). In particular:
1) The Seller ensures that these data are:
a) processed lawfully, fairly and transparently for Customers and other data subjects;
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes;
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) correct and, where necessary, updated;
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed;
f) processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organisational measures,
2) The Seller applies appropriate technical and organizational measures to ensure the protection of processed personal data appropriate to the nature, scope, context and purposes of processing and the risk of violating the rights or freedoms of natural persons;
3) The Seller provides access to personal data and the exercise of other rights to Customers and other data subjects in accordance with the applicable legal provisions in this respect.
2. The basis for the processing of personal data is the consent of the Customers or the occurrence of another premise authorizing the processing of personal data in accordance with the Regulation.
3. The Seller guarantees the implementation of the rights of persons whose personal data are processed under the principles resulting from the relevant provisions, including the right to:
1) the right to withdraw consent to the processing of personal data;
2) the right to information regarding their personal data;
3) the right to control the processing of data, including its supplementation, updating, rectification and deletion;
4) the right to object to processing or to restrict processing;
5) the right to complain to the supervisory authority and to use other legal means to protect one’s rights.
4. A person having access to personal data processes it only on the basis of the Seller's authorisation or a personal data processing agreement and only on the Seller's instructions.
5. The Seller guarantees that personal data will not be made available to entities other than those authorized under the applicable provisions of law, unless required by European Union law or Polish law.
6. In connection with business activities, the Seller uses the services of other entities, including for the purpose of performing contracts. Personal data may be transferred:
1) hosting company,
2) suppliers of software for operating the Store,
3) Internet service providers,
4) companies providing courier or postal services,
5) electronic payment platform providers,
6) invoicing software providers,
7) entities providing accounting or legal services.
SECTION 4. ADDITIONAL INFORMATION
§ 1 Account.
1. Account registration on the Store's website is free of charge and requires the following actions: The Customer should complete the registration form by providing specific data and submitting statements regarding acceptance of the Regulations, processing personal data, and providing commercial information. A link enabling Account verification will be sent to the Customer's e-mail address provided by them during the Account registration process. Logging in to the Account involves providing a login and password set by the Customer. The password is confidential and should not be shared with anyone.
2. The Account allows the Customer to enter or modify data, place or check Orders and view Order history.
3. The Electronic Account Service is provided free of charge for an indefinite period.
4. The Customer may resign from the Account in the Store at any time by sending an appropriate request to the Seller electronically to the e-mail address: info@zoo-hobby.pl or in writing to the Seller's address: ul. Kanclerska 16, 62-020 Gortatowo.
§ 2. Newsletter
1. The Newsletter service is intended to provide the Customer with the information they have ordered.
2. The use of the Newsletter does not require the Customer to register an Account, but does require providing an e-mail address and making statements regarding the acceptance of the Regulations, processing of personal data, and the provision of commercial information.
3. A link confirming the Newsletter subscription will be sent to the Customer's e-mail address.
4. The Electronic Newsletter Service is provided free of charge for an indefinite period.
5. The Customer may unsubscribe from the Newsletter at any time by sending an appropriate request to the Seller electronically to the e-mail address: info@zoo-hobby.pl or in writing to the Seller's address: ul. Kanclerska 16, 62-020 Gortatowo.
§ 3. Opinions
1. The Seller enables Customers to post individual and subjective statements (opinions, comments) of the Customer on the Store's website, in particular regarding the Goods.
2. The service is provided free of charge for an indefinite period.
3. The service can be used anonymously.
4. The Seller may use opinions for the purposes of content posted on the Website.
CHAPTER 5. SALE
§ 1. Goods
1. All Products offered in the Store are new and free from defects. A detailed description of the Goods can be found on the Store's website.
2. The Goods may be subject to a guarantee or after-sales services. Detailed information in this regard can be found in the description of the Goods.
3. Some Goods will be ordered from the Supplier and delivery of the Goods will be performed by the Supplier.
§ 2. Orders and their execution
1. The order can be placed by completing the Form available in the Store.
2. Orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest shopping).
3. The Customer is obliged to carefully complete the Form, providing all data in accordance with the facts and specifying the selected method of payment and delivery.
4. The Client provides data in the Form and makes declarations regarding the acceptance of the Regulations, processing of personal data, and the provision of commercial information.
5. Orders can be placed in the Store 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays will be processed the next business day.
6. The Customer confirms the placement of the Order by selecting the button (field) marked "buy and pay". The Seller will send the Customer an Order confirmation to the e-mail address provided by the Customer.
7. The order processing time (i.e. until the day of shipment of the Goods) is up to 5 business days.
§ 3. Payments
1. All prices of Goods given in the Store are gross prices in Polish zloty (prices include VAT). The price of the Goods does not include the costs referred to in point 2 below. The price of the Goods given at the time the Customer places an Order is binding on both parties.
2. Costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs are borne by the Customer. The amount of these costs may depend on the Customer's choice of the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.
3. The customer can choose the payment method:
1) traditional transfer - payment before the Goods are shipped (prepayment). After placing the Order, the Customer should pay/transfer the amount due to the Store's bank account. The Order is fulfilled after the Customer's payment is posted to the Store's bank account;
2) payment via the Przelewy24 payment system - payment before the Goods are shipped (prepayment). After placing the Order, the Customer should make the payment via the Przelewy24 system. The Order is fulfilled after the Customer's payment is posted in the payment system;
3) payment upon receipt of the Goods (cash on delivery) - the Customer pays the amount due directly upon receipt of the Goods from the carrier. The order is fulfilled after the Order is accepted.
4. The Store issues a proof of purchase for each Product sold and delivers it to the Customer (including electronically), provided that the provisions of generally applicable law require delivery.
5. The Customer is obliged to pay within 2 days from the date of conclusion of the sales agreement, unless the selected method of payment requires another deadline. If the Customer fails to pay within this period, then - in accordance with art. 491 § 1 of the Civil Code (Journal of Laws 2017.459, as amended) - the Seller will set the Customer an additional deadline for payment, after which, if it expires without effect, the Customer will be entitled to withdraw from the agreement. If the Customer declares that they will not provide the service, the Seller may withdraw from the agreement without setting an additional deadline, also before the specified deadline for providing the service has arrived.
6. The entity providing the electronic payment service is PayPro SA (Przelewy 24) with its registered office in Poznań, address: ul. Kanclerska 15 60-327 Poznań, entered into the register of entrepreneurs maintained by the District Court in Poznań under KRS number 0000347935, NIP: 779-236-98-87, with the share capital of PLN 4,500,000 fully paid up, a national payment institution within the meaning of the Act of 19 August 2011 on payment services, entered into the register of payment services under number IP24/2014. Supervision over the performance of activities in the field of payment services is exercised by the Polish Financial Supervision Authority.
§ 4. Delivery
1. The Product is sent by the Seller or by the Supplier to the address indicated by the Customer in the Form, unless the Parties agree otherwise. The Customer receives information about the shipment of the Goods to the e-mail address. The exception is live fish, each time the Customer must agree on the form of shipment or collection with the Seller
2. The Product is delivered by courier or postal operator according to the Customer's choice. A parcel sent by postal operator should be delivered within 7 business days from the date of shipment of the Goods, while a parcel sent by courier - within 3 business days from the date of shipment of the Goods.
3. It is not possible to collect the Goods in person.
4. Together with the Goods, the Seller shall deliver to the Customer all elements of its equipment as well as operating and maintenance instructions and other documents required by the provisions of generally applicable law.
5. The Seller indicates that:
1) upon the release of the Goods to the Customer or carrier, the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods are transferred to the Customer. In the case of sale to the Consumer, the risk of accidental loss or damage to the Goods is transferred to the Consumer upon the release of the Goods to the Consumer. The release of the Goods is considered to be their entrustment by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,
2) acceptance of the shipment of Goods by the Customer without reservations shall result in the expiration of claims for loss or damage in transit, unless:
a) the damage was recorded in a protocol before acceptance of the shipment;
b) such failure to make such a declaration was due to the fault of the carrier;
c) the loss or damage resulted from the wilful misconduct or gross negligence of the carrier;
d) the authorized person found the damage to be unnoticeable from the outside after accepting the shipment and, within 7 days, requested that its condition be determined and proved that the damage occurred between the time the shipment was accepted for transport and its delivery.
§ 5. Additional information for the Consumer
1. The Agreement is not concluded for an indefinite period and will not be subject to automatic extension.
2. The minimum duration of the Consumer's obligations arising from the Agreement is the time of execution of the Agreement, i.e. payment and receipt of the Goods.
3. The use of the Store by the Consumer is not associated with the obligation to pay a deposit or provide other financial guarantees.
4. The Seller is not obliged to and does not apply the code of good practices referred to in art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws of 2017, item 2070, as amended).
CHAPTER 6. LIABILITY
1. Liability under warranty is excluded in legal relations with Customers.
2. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty) under the terms specified in the provisions of the Civil Code (Journal of Laws 2017, item 459, as amended) and in the Act of 30 May 2014 on consumer rights (Journal of Laws 2017, item 683, as amended), including the following principles:
1) a physical defect consists in the non-conformity of the Goods with the contract. In particular, the Goods are non-conforming with the contract if:
a) The goods do not have the properties that a product of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;
b) The Goods do not have the properties of which the Seller assured the Consumer;
c) the Goods are not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection to such intended use;
d) The Goods were delivered to the Consumer in an incomplete state.
2) The Goods have a legal defect if the Goods are the property of a third party or if they are encumbered with the right of a third party, and if the restriction on the use or disposal of the Goods results from a decision or ruling of a competent authority; in the event of the sale of the right, the Seller is also responsible for the existence of the right;
3) The Seller is liable under the warranty for physical defects that existed at the time of transfer of risk to the Consumer or resulted from a cause inherent in the Goods at the same time.
4) The Seller is released from liability under warranty if the Consumer knew about the defect at the time of conclusion of the contract;
5) if a physical defect was discovered within one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time the risk was transferred to the Consumer;
6) The Seller shall be liable under warranty if a physical defect is discovered before the expiry of two years from the date of delivery of the Goods to the consumer, and if the Goods purchased by the Consumer are used movable goods, the Seller shall be liable under warranty if a physical defect is discovered before the expiry of one year from the date of delivery of the Goods;
7) the Consumer's rights under the warranty are:
a) demand a reduction in the price of the Goods or 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;
b) The Consumer may, instead of the removal of the defect proposed by the Seller, request the exchange of the Goods for a defect-free one or, instead of replacing the item, request the 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. When assessing the excessiveness of costs, the value of the item free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the Consumer would be exposed by another method of satisfaction;
8) A consumer who exercises warranty rights is obliged to deliver the defective item at the Seller's expense to the place specified in the contract, and if no such place is specified in the contract - to the place where the item was delivered to him.
CHAPTER 7. COMPLAINT HANDLING PROCEDURE
1. The Customer should submit complaints to the Seller in writing to the following address: reklamacje@zoo-hobby.pl or 62-020 Gortatowo, ul. Kanclerska 16. The Customer may use the complaint form available in the Store, but this is not a condition for considering the complaint.
2. If it is found that the shipment with the Goods has been tampered with, has suffered a loss or damage, the Customer should immediately (no later than within 7 days from the date of receipt of the shipment) file a complaint with the Seller. Such action will enable the pursuit of claims against the carrier. This is not a condition for considering the Consumer's complaint.
3. The complaint should include a detailed description of the problem and the Customer’s request, and possibly photographic documentation.
4. The Seller undertakes to consider the Customer's complaint within 30 days and the Consumer's complaint within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it is considered that it has considered it justified.
5. If the complaint is accepted, the Seller will take appropriate actions.
6. It is possible to use out-of-court methods of handling complaints and pursuing claims in legal relations with Consumers, including:
1) the possibility of resolving disputes electronically using the ODR (online dispute resolution) platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;
2) the possibility of conducting amicable proceedings before a common court or other bodies.
CHAPTER 8. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Agreement by the Seller or the Customer may occur under the terms specified in [RW1] [RW2] [RW3] [RW4] provisions of the Civil Code (Journal of Laws 2017, item 459, as amended).
2. The Consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.
3. Information on withdrawal from the Agreement by the Consumer is included in the information on the right of withdrawal, available on the Store's website.
4. The right to withdraw from the Agreement does not apply to the Consumer in relation to certain agreements, i.e.:
1) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Agreement;
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 deadline for withdrawal from the Agreement expires;
3) in which the Goods are non-prefabricated items manufactured according to the Consumer’s specifications or designed to meet their individual needs;
4) where the Goods are items that spoil quickly or have a short shelf life;
5) where the Goods are items delivered in a sealed package which cannot be returned for health or hygiene reasons after opening the package, if the package was opened after delivery;
6) where the Goods are items that after delivery, due to their nature, are inseparably connected with other items;
7) where the Goods are alcoholic beverages, the price of which was agreed upon at the conclusion of the Agreement and which can only be delivered after 30 days and whose value depends on market fluctuations beyond the Seller's control;
8) in which the Consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of additional services or items;
9) where the Goods are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements;
11) concluded through public auction;
12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service;
13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller informed him of the loss of the right to withdraw from the contract.
5. The Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall return the payment using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to another method of return that does not involve any costs for him.
6. If the Consumer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
7. The consumer is obliged to return the Goods together with all accessories, including packaging, if it constitutes a significant element of the Goods. The Seller may withhold the refund until the Goods are received or until the Seller is provided with proof of their return, depending on which event occurs first.
8. The Consumer shall bear only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has failed to inform the Consumer of the need to bear these costs.
9. The Consumer is liable for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
10. In the event of effective withdrawal from the Agreement, the Agreement is deemed not to have been concluded.
SECTION 9. INTELLECTUAL PROPERTY
1. The rights to the Website and the content contained therein belong to the Seller.
2. The website address where the Shop is available, as well as the content of the website www.zoo-hobby.pl are subject to copyright and are protected by copyright and intellectual property law.
3. All logos, names, graphic designs, films, texts, forms, scripts, source codes, slogans, trademarks, service marks, etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, sending or distributing any content from the website www.zoo-hobby.pl without the consent of the owner is prohibited.
CHAPTER 10. FINAL PROVISIONS
1. In matters not regulated by the Regulations in legal relations with Customers or Consumers, the relevant provisions of generally applicable law shall apply.
2. Any deviations from the Regulations must be made in writing under penalty of nullity.
3. The court competent to resolve a dispute between the Seller and the Customer shall be the court competent for the Seller's registered office. The court competent to resolve a dispute between the Seller and the Consumer shall be the court competent according to general rules (the court of the defendant's place of residence) or another more convenient for the Consumer (according to art. 31-37 of the Code of Civil Procedure).