Terms and Conditions of the online store
These regulations are terms and conditions of using online store available at www.smartanimal.eu
The owner of The Store and the website is Smart Animal Ltd. with the headquarters in Poland, Warsaw (04-713) at Żegańska 21/23, VAT EU: PL9522168588, KRS: 0000697191. In particular, it defines the rules for placing Orders and concluding sales contracts using means of distance communication, as well as using the services by customers via the Online Store.
The Store Contact details:
1.Customer – an individual, including a Consumer who has completed at least 18 years of age, as well as a legal person or an organizational unit that is not a legal person, the specific legal provisions of which provide or intend to place an Order or use other services of the Online Store;
2. Consumer - a natural person who performs a legal act not related directly to its business or professional activity;
3. Terms and conditions - these regulations of sale using means of distance communication and providing services electronically. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services;
4. Online Store (hereinafter also referred to as "Store") - an internet service available at https://www.smartanimal.eu through which the Customer may place Orders and use other Store Services;
5. The Party - Service Provider or Client;
6. The Product – a movable property being the subject of a Sales Agreement;
7. Sales contract - a sales agreement within the meaning of the Civil Code, concluded between the Service Provider and the Customer using means of remote communication via the Store, the subject of which are Goods;
8. Service (Services) - a service provided by the Service Provider electronically in accordance with the rules set out in the Regulations through the Store;
9. Service Provider (also "Seller") - Smart Animal Ltd. with the headquarters in Poland, Warsaw (04-713) at Żegańska 21/23, VAT EU: PL PL 9522168588, KRS: 0000697191
10. The Act - the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827);
11. The Order - Customer's declaration of will constituting an offer to conclude a Sales Agreement with the Service Provider, aiming directly at the conclusion of the Distance Selling Agreement via the Online Store specifying the type and number of Goods being the subject of the Sales Agreement.
RESPONSIBILITIES OF THE PARTIES
1. The Customer is obliged to use the Services offered by the Service Provider in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, provisions of this Terms and as well as failure to deliver content prohibited by generally applicable laws;
2. The Seller is obliged to deliver the Goods free from defects;
3. If the Buyer is a Consumer, the Seller is obliged to immediately submit the goods to the Buyer, not later than thirty days from the date of the Sale Agreement, unless the Sales Agreement provides otherwise (eg in the description of the Goods a different delivery date is indicated).
1. The Customer may place Orders via the Online Store 7 days a week, 24 hours a day;
2. In order to conclude the Goods Sale Agreement at a distance via the Online Store, you must select the Goods, provide the necessary data required by the Seller during the order placement process and finally place an Order taking subsequent steps based on the information displayed to the Customer;
3. The necessary condition for submitting an effective Order is to read and accept the Regulations by the Customer;
After placing the Order, the Customer receives an e-mail confirming that the Order has been received by the Store, confirming all elements of the Order;
4. Upon receipt by the Customer of the message referred to in para. 4 above, the Sales Agreement is concluded.
PRICES, PAYMENTS, SHIPPING, TAXES
1. All the prices of Goods in the Store include tax (23% VAT);
2. The prices of the Goods does not include cost of delivery (packaging, shiping, insurance). The information about cost of delivery in "COST OF DELIVERY". Local taxes and duty costs (for non EU Countries) are paid by Customer.
3. The delivery is carried out via courier companies (except decorative elements "Kets"/"Dogsy" and leashes/bags delivered by Polish Post registered letter)
4. The customer has the following options to pay for their order:
- - Via Paypal operated by PayPal (Europe) S.a r.l. & Cie, S.C.A with headquarters at L-1150, Luxemburg);
- - in Poland via PayU operated by PayU S.A. Poland, Poznań (www.payu.pl)
5. The Goods are shipped in the case of payments specified in § 4 in max. 5 working days after registering the payment on the Seller's account with PayPal,
6. Upon receipt of the parcel with the ordered Goods, we suggest that the Consumer checks the parcel. In case of:
- - damage to the mechanical content of the shipment,
- - incomplete shipment,
- - incompliance of the contents of the shipment with the subject of the Order,
The consumer is entitled to refuse to accept the parcel. In this case, we suggest making an official note in the presence of the courier and immediately notify the Service Provider of the situation. In any case, in the event of a damage, we suggest that a damage report be made in the presence of the shipper.
7. A customer who is not a Consumer at the time of receipt of the shipment is required to check its contents. If it is found to be damaged, it is obliged to report this fact to the supplier of the Goods and immediately contact the Seller. Complaints regarding mechanical damage of the Goods during transport will be considered only after the preparation of the damage protocol signed by the recipient who is not a Consumer and the supplier of the shipment;
8.The Seller reminds that pursuant to art. 548. § 1 of the Civil Code, when the sold item is handed over to the buyer (customer), any benefits and burdens related to the thing (Goods) and the risk of accidental loss or damage to the item (good) are passed upon the customer.
9. If the Product is to be sent by the Seller to the Consumer, the risk of accidental loss or damage to the Goods passes onto the Consumer as of the release of the Goods to the Consumer. For the release of the Goods it is considered the moment of entrusting them to the carrier by the Seller, if the Seller had no influence on the choice of the carrier by the Consumer.
10. Local taxes (if any) and Duty taxes (if any) are paid by Customer.
THE CONSUMER'S RIGHT TO WITHDRAW FROM THE AGREEMENT (RETURNS)
1. The Consumer may withdraw from the Contract for the sale of Goods concluded remotely without giving a reason, by submitting a relevant statement in writing within 14 (fourteen) days, the term running from taking possession of the item by the Consumer or a third party designated by him (other than the carrier).
To meet the deadline, it is enough to send an appropriate statement before its expiry to the address of the Seller.
2. In the event of withdrawal from the Contract for the sale of Goods concluded at a distance, the contract is considered void.
3. If the Consumer submitted a statement on withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.
OBLIGATIONS OF THE CONSUMER
4. The Consumer is obliged to return the Merchandise to the Seller or give it to the person authorized by the Seller immediately, but not later than 14 days from the date on which he resigned from the Contract of Sale, unless the Seller suggested that he would collect the Goods himself. To meet the deadline, it is enough to send back the Goods before its expiration. Goods should be packed in a way that guarantees its safe transport;
5. The consumer bears the direct cost of returning the Goods (cost of returning);
6. The Consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
OBLIGATIONS OF THE SELLER
7. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract of Sale, return to the Consumer all payments made by him.
8. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
9. We suggest including proof of purchase in order to improve the return process.
STATUTORY EXCLUSION OF THE RIGHT TO WITHDRAW FROM THE SALES AGREEMENT
10. The right to withdraw from the contract is not payable in situations specified in art. 38 of the Act, i.e. with reference to contracts:
- - The right to withdraw from the contract is not payable in respect of contracts for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who was informed before the service begins that after the entrepreneur has fulfilled the service he will lose the right to withdraw from the contract;
- - The right to withdraw from the contract is not applicable to contracts in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract;
- - The right to withdraw from the contract is not payable in respect of contracts in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs;
- - The right to withdraw from the contract is not payable in respect of contracts in which the object of the service is the item which is subject to rapid deterioration or has a short shelf-life;
- - in which the object of the service is an item delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- - in which the object of the benefit are things that after delivery, due to their nature, are inseparably connected with other things;
- - in which the consumer clearly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the consumer demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer with regard to additional services or items;
11. Actual colors may vary. This is due to the fact that every computer monitor has a different capability to display colors and that everyone sees these colors differently. We try to edit our photos to show the samples as life-like as possible, but please understand the actual color may vary slightly from your monitor. We cannot guarantee that the color you see accurately portrays the true color of the product.
WARRANTY FOR PHYSICAL DEFECTS OF THE GOODS (COMPLAINTS)
1. The Seller is obliged to deliver the Goods free of defects and is responsible for the defects of the Goods.
2. A physical defect is the incompatibility of the sold Goods with the Sales Agreement.
3. Complaints regarding warranty for defects (non-compliance of the Goods with the Sales Agreement) may be submitted in writing to the Seller's address or by e-mail.
4. If the Goods sold have a defect, the Customer may:
- - demand replacement of the good with one free of defects, either
- - demand removal of the defect; or
- - submit a statement about price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect. This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item for free from defects or to remove the defect referred to in point. 1 or 2.
5. The buyer can not withdraw from the sales contract if the defect is irrelevant.
6. If the Consumer determines the non-conformity of the Goods with the Sales Agreement (physical defect), the Consumer should send the Seller the Goods complained about together with a description of the non-compliance.
7. We suggest attaching a proof of purchase in order to improve the complaint process.
8. The condition of Warranty is described in Warranty statement at www.smartanimal.eu
1. The Service Provider provides the following Services via the Online Store:
- - presentation of Goods that may be available in the Store,
- - the possibility of placing Orders for Goods available in the Online Store and thus concluding Distance Selling Agreements,
- - informing the customer about the current status of the Order;
2. Access to the services referred to in paragraph 1 point 1-3 above does not require registration;
4. In order to maintain the security of using the Online Store, it is recommended that the device used by the Customer in particular should have:
- - antivirus system with the latest version of virus definitions and updates,
- - effective firewall (firewall),
- - installed all available operating system and web browser updates regarding security,
- - activated acceptance function of cookies and Java Script in a web browser,
- - software for reading files in PDF format.
5. Complaints related to the functioning of the Store may be reported by the Customer in writing to the Seller's address or via e-mail;
6. In the complaint, the Customer should provide his name and surname, address for correspondence as well as the basis for the complaint claim;
7. The seller undertakes to consider the complaint within 14 days.
1. Settlement of any disputes arising between the Service Provider and the Customer who is a Consumer is subject to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure;
2. Settlement of any disputes arising between the Service Provider and the Customer who is not a Consumer is subject to a court having jurisdiction over the seat of the Service Provider;
1. The personal data is processed in order to conclude and implement the provisions of this contract, that is the implementation of the order. Providing personal data is a condition for the conclusion of the contract. Failure to provide personal data will result in the failure to conclude a contract and fulfill the order;
1. In matters not covered by these Regulations, generally applicable laws shall apply;
2. Customers can access the Regulations at any time and free of charge via an online referral (ie a link) on the Store's home page and print it out;
3. Information about the Goods available in the Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code;
4. Exclusive rights to the content provided as part of the Online Store, in particular copyrights to the pictures, name of the Store, trademarks of the Service Provider and producers of Goods, graphic elements, software and data base rights included in them are protected by law and are available to Service Providers or entities, with whom the Service Provider has concluded appropriate agreements. It is forbidden to copy or other forms of using any elements of the Store without the consent of the Service Provider.