DOGDECO.COM is an online shop with access to the website www.bullymania.pl, operated by ABV Kornelia Synator-Kawka, registered in the Central Register and information on economic activity under REGON number: 365610968, NIP: 8942401602, email Address: firstname.lastname@example.org, telephone number: +48 724 799 777, bank account 23 2490 0005 0000 4530 6168 5557, hereinafter referred to as the “seller”
- The following provisions are aimed at both consumers and entrepreneurs who use the shop. These provisions set out the rules for using the DOGDECO.COM online shop, ordering the products available in the online shop, the manner in which distance contracts are concluded with the customer through the shop, and the delivery of the product ordered by the consumer and entrepreneur stipulates the payment of the sales price of the products, the consumer’s right to withdraw from the concluded contract and the rules for filing and examining complaints.
- These regulations are those in Art. 8 of the Act on the Provision of Electronic Services.
- In order to use the website of the online shop DOGDECO.COM, to view the available assortment and to place orders for selected products and services, it is necessary:
- Owning a computer, laptop or other multimedia device with internet access and a web browser updated to the latest version;
- have an active email account (email);
- activated cookies.
- The owner of the online store DOGDECO.COM is not responsible for any malfunctions, interruptions in the functioning of the website of the online store DOGDECO.COM caused by force majeure, unauthorized third party actions or incompatibility of the website of the online store DOGDECO.COM with the technical Infrastructure of the customer’s devices.
- No account is required to view the shop’s range. The customer can order products / services from the shop range either after creating an account in accordance with the provisions of Section 5 of the Ordinance or by providing the necessary personal and address data that enable the order to be processed without creating an account.
- Contact with the shop:
- Seller’s address: ABV Kornelia Synator-Kawka, ul.Buforowa 34 Wroclaw 52-131
- Seller’s email address: email@example.com
- Seller’s phone number: +48 725335444
- Seller’s bank account number: 23 2490 0005 0000 4530 6168 5557
- The customer can communicate with the seller via the addresses and telephone numbers given in this point, ie point 6 § 1 of the regulations.
- The customer can communicate with the seller by phone between 9:00 a.m. and 5:00 p.m.
- Seller – from ABV Kornelia Synator-Kawka, address Buforowa 34, 52-131 Wrocław, registered in the Central Register and information on economic activity under REGON number: 365610968, NIP: 8942401602,
- Customer – any legal entity that purchases through the DOGDECO.COM online store
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, whose own law confers legal capacity, which carries out an economic activity in its own name that uses the shop.
- Consumer – a natural person who concludes a contract with the seller within the framework of the shop, the subject of which is not directly related to their business or professional activity.
- Store – an online shop operated by the seller at the Internet address www ……
- Distance contract – contract concluded with the customer within the framework of an organized system for the conclusion of distance contracts without the simultaneous presence of the parties, using only one or more means of distance communication up to and including the conclusion of the contract.
- Electronic address (e-mail) – name of the ICT system that enables communication by means of electronic communication, in particular electronic mail
- ICT system – a set of interacting IT equipment and software that ensures the processing, storage, sending and receiving of data via telecommunications networks using a terminal suitable for a specific type of telecommunications network within the meaning of the law of July 16, 2004 – Telecommunications law (Law Gazette 2019, Item 2460 )
- Regulations – these Rules of Procedure.
- Order – the customer’s letter of intent, submitted through the order form, aimed directly at the conclusion of a product purchase agreement or products with the seller or the purchase of a product with its personalization.
- Account – customer account in the shop, i.e. a set of resources in the seller’s ICT system, which are identified with an individual name (login) and password provided by the customer, in which the data and information provided by the customer about the orders placed by him in the Shop to be collected.
- Registration Form – a form available in the store that you can use to create an account.
- Order form – an electronic service, an interactive form available in the shop that makes it possible to place an order, in particular by adding products to the shopping cart and setting the terms of the purchase contract with obligation to pay, including the method of delivery and payment.
- Shopping cart – an element of the shop software in which the products selected for purchase are visible, with the option of determining and changing the order data, in particular the product quantity.
- Product – a movable item / in-store service that is the subject of the sales contract between the customer and the seller.
- Product personalization – a product purchase contract concluded or concluded between the customer and the seller via the online shop, which enables the manufacture of the product on the basis of an individual order, design, use of product features – a contract for the provision of services and a contract for certain work
- Purchase contract – a contract for the sale of a product / service that is concluded or concluded between the customer and the seller through the online store. The sales contract also means – the use of the product features – a contract for the provision of services and a contract for certain work.
- Business day – a day from Monday to Friday, excluding public holidays.
- Civil Code – Act of the Civil Code of April 23, 1964 as amended (Journal of Laws of 2019, item 1145).
- Consumer Rights Act – the Consumer Rights Act of May 30, 2014 as amended (Journal of Laws of 2020, Article 287).
- Act on the Provision of Electronic Services – the Act on the Provision of Electronic Services of July 18, 2002 as amended (Journal of Laws of 2020, item 344).
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data, on the free movement of data and on the repeal of Directive 95/46 / EC (General Data Protection Regulation).
ELECTRONIC SERVICES IN THE FORESTAR STORE
- The following electronic services are available in the store: Account and Order Form
- Account – The account can be used after the customer has completed two consecutive steps – (1) filling out the registration form and (2) clicking the “Register” button. Registration is done by completing and accepting the registration form available on one of the store’s websites.
In the registration form it is necessary for the customer to provide the following customer data: his first and last name, email address and password, for the entrepreneur also NIP and REGON. The prerequisite for registration is consent to the content of the regulations and the provision of personal data marked as mandatory.
- The electronic account service is provided free of charge for an indefinite period. The customer has the option of deleting the account ( logging out of the account ) at any time and without giving reasons by sending a corresponding request to the seller, i.e. by e-mail to the following address: firstname.lastname@example.org or address client @ dogdeco.com
- Order form – The use of the order form begins when the customer adds the first product to the electronic shopping cart in the shop. In the order form, it is necessary for the customer to provide the following data about the customer: first and last name, address, i.e. street, house or apartment number, zip code, city, country, e-mail address, contact telephone number and data on the purchase contract: product / e, number of products, place and type of delivery of the product (s), method of payment, in the case of personalized products also a description of the service ordered.
- The electronic service order form is provided free of charge and is one-time and ends when the order is placed through it or if the customer does not place the order earlier.
- Complaints in connection with the provision of electronic services by the seller and other complaints in connection with the operation of the online shop (with the exception of the product complaint procedure specified in § 7 of the Regulation) can be submitted by the customer: in writing to the address of the in § 1 point 6 letter a of the seller or in electronic form by email to the address specified in § 1 point 6 letter b.
- It is recommended that the customer include in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of the occurrence of the irregularity; (2) customer inquiries; and (3) contact details of the person filing the complaint – this will make the complaint easier and faster for the seller to investigate. The requirements mentioned in the previous sentence are only recommendations and do not affect the effectiveness of complaints without the recommended description of the complaint.
- The response to the complaint mentioned in point 2 § 3 of the regulation will take place immediately, but no later than within 30 calendar days from the date of its receipt.
- Information about the products available in the range of the DOGDECO.COM online shop, in particular their descriptions, technical and performance parameters as well as prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
- Prices of the products offered in the DOGDECO.COM online store:
- These are gross prices including VAT [on goods and services];
- They are given in Polish zloty [PLN];
- They do not include shipping costs, unless otherwise stated in the product description
- The sales contract includes new products.
- Personalized products – in the shop it is possible to order a product personalization service, that is, to adapt one of the products offered to the specific expectations of the customer by applying those provided by the customer. The seller points out that the goods were made to order with individual characteristics according to the customer’s order. At the same time, the seller reserves the right to withdraw from the contract for personalized products in accordance with Art. 38 Paragraph 3 of the Law on Consumer Rights (Journal of Laws of 2020, Item 287) for such products.
- The cost of delivery of the selected product depends on the shipping method selected by the customer, the size and quantity of the product ordered. The total costs of the order (product costs including shipping costs) can be seen in the order basket before the final order by the customer.
- If the nature of the subject matter of the contract does not allow the final (final) price to be calculated in advance, information about the way in which the price is calculated, as well as fees for transport, delivery, postal services and other costs will be provided Specified in the store in the product description.
- The online shop DOGDECO.COM reserves the right to change product prices, carry out promotions, including sales, and cancel. Information on combining actions is provided separately.
INFORMATION ABOUT THE CONDITIONS FOR FULFILLING THE ORDER
- Orders for products from the DOGDECO.COM online store range can be placed 7 [say: seven] days a week and 24 [say: twenty-four] days.
- When placing an order you should:
- Select a product and click on “Add to cart”,
- Choose the shipping method – this means the way in which the product will be delivered to the customer,
- Enter the recipient’s details [name, surname, full address, telephone number and email address],
- Enter the invoice data [if you want to include them],
- Click on the “Order with obligation to pay” button;
- According to the paragraph. activities specified 2 § 5, which makes payment in one of the available methods mentioned in § 6 Paragraph 2. 1. The conclusion of the sales contract between the customer and the seller takes place after the customer has placed an order in the shop in accordance with point 2 § 5 of the regulation.
- After placing the order, the seller confirms receipt and at the same time accepts the order for execution. The confirmation of receipt of the order and its acceptance for execution is sent by the seller to the e-mail address provided by the customer, which at least includes the seller’s declaration of receipt of the order and its acceptance for execution as well as the confirmation of the conclusion of the sales contract between the customer and the seller.
- The purchase contract is concluded in Polish with the content in accordance with these provisions.
- The consolidation, securing and provision of the content of the concluded sales contract to the customer is carried out by (1) making these provisions available on the DOGDECO.COM shop website and (2) sending the email message mentioned in point 4 § 4 to the Customers of the regulations.
- In the event of discrepancies regarding the order or the delivery address given by the customer, the DOGDECO.COM online store reserves the right to suspend the execution of the order until all discrepancies have been resolved.
FORMS OF PAYMENT, TYPE AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
- The customer can pay for the subject of the order:
- When collecting the order item from the seller – in the form of cash;
- Before the pick-up, the item of the order (prepayment) is sent to the bank account number provided by the seller, § 1, item 6, letter d, electronic payments, payment by credit card via PayU, via Przelewy24, PayPal, PayU
- The customer is obliged to choose one of the specified payment methods, which is to be understood as the impossibility of dividing the order according to the payment method.
- Product delivery is possible on the territory of the Republic of Poland. When shipping to countries in the European Union and outside the European Union, please contact us by email email@example.com to determine the shipping costs.
- The delivery of the product to the customer is payable, unless the sales contract provides otherwise. The cost of delivery of the product (including transport, delivery and postal charges) will be indicated to the customer when placing the order, even if the customer expresses his will to be bound by the sales contract.
- Collection of the product by the customer from the seller is free of charge.
- The seller will provide the customer with the following methods of delivery or collection of the product, depending on the type, size and value of the shipment:
- Courier delivery,
- Courier delivery – cash on delivery,
- Parcel locker,
- Polish Post,
- Polish Post – Cash on Delivery,
- Personal collection at the seller’s location on the days and hours indicated on the shop’s website.
- The delivery period is 3 to 23 working days from the date the payment is credited to the seller’s bank account or, in the case of cash on delivery, from the date of the order confirmation in accordance with Section 5 (4) of the regulations. The delivery period may be longer for personalized products.
- If the product ordered by the customer is not in the warehouse of the DOGDECO.COM online store or the order cannot be carried out for other reasons for which the seller is not responsible, including difficulties in the delivery of products from the seller’s supplier, the customer will be informed of the difficulties by the seller by sending a message to the e-mail address provided by the customer immediately after the seller has received information on this matter.
- In a situation in which the execution of the order is not possible or there is a reason mentioned in point 8, the seller suggests to the customer:
- Cancellation of the entire order, which, if accepted by the customer, equates to the exemption of the seller from the obligation to execute the order;
- Cancellation of part of the order, the execution of which is impossible, which, if accepted by the customer, is equivalent to the execution by the seller of the part of the order that is free from problems and the exemption of the seller from the obligation to perform the Order in the rest of the scope;
- Division of the order into several parts if the order cannot be completed at once, which, if accepted by the customer, is equivalent to sending the products forming the order in several separate shipments. With this method, the customer does not incur any additional fees in connection with splitting the order into several separate shipments.
- The seller is not responsible for incorrect or inaccurate address information provided by the customer, which may result in non-delivery or delay in delivery of the order.
TERMS OF COMPLAINT
- The reasons and the extent of the seller’s liability towards the customer if the product sold has a material or legal defect (warranty) are determined by generally applicable law, in particular in the German Civil Code.
- The seller is obliged to provide the customer with a defect-free product.
- The sales contract includes new products.
- In the event of a defect in the goods purchased by the seller, the customer has the right to complain in accordance with the warranty provisions of the Civil Code. If the customer is an entrepreneur, the parties exclude the guarantee.
- The complaint can be submitted by the customer, for example:
- In writing to the address indicated in § 1 number 6 letter a
- In electronic form by e-mail to the address indicated in § 1 number 6 letter b
- The customer is recommended to provide the following information when describing the complaint: (1) Information and circumstances relating to the object of the complaint, in particular the type and date of the defect; (2) request a method of bringing the product into line with the sales contract, or request a notice of price reduction or withdrawal from the sales contract; and (3) contact details of the person filing the complaint – this will make the complaint easier and faster for the seller to investigate. The requirements mentioned in the previous sentence are only recommendations and do not affect the effectiveness of complaints without the recommended description of the complaint.
- The seller will respond to the customer’s complaint immediately, but no later than 30 calendar days after receipt. If the seller is not replied to within the above deadline, the seller will consider the complaint to be justified.
- If it is necessary to deliver the product to the seller in order for the seller to respond to the customer’s complaint or to exercise the customer’s rights under the guarantee, the customer will be requested by the seller to deliver the product to the address at the seller’s expense to deliver to the registered office of the seller specified in § 1 number 6 letter a of the rules of procedure.
- New products that are available in the DOGDECO.COM online store range are subject to a manufacturer’s or retailer’s guarantee. The warranty period is described in the “Warranty” field for each of the products offered.
- The scope of the guarantee is specified in the attached guarantee certificate.
- When purchasing a product for which the manufacturer or dealer has granted a guarantee, the customer can:
- Make use of the rights from the granted guarantee. In this case, the customer advertises the product directly to the guarantor (guarantor). The seller may only act as an intermediary when forwarding the complaint.
- Use of the rights to which he is entitled vis-à-vis the seller in connection with the non-contractual goods – in this case the provisions of § 7 of these provisions apply.
OUT-OF-JUDGMENT METHODS FOR RESOLVING COMPLAINTS AND PURCHASING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
- Detailed information on the possibility for the customer, who is a consumer, to use out-of-court complaint and redress procedures, as well as the access rules to these procedures, are available in the offices and on the websites of the consumer representatives of the district (municipal) organizations whose statutory tasks the Consumer protection include, Voivodeship Inspectorate of the Labor Inspectorate and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php .
- The customer, who is a consumer, has the following exemplary options for out-of-court complaint and legal enforcement:
a) The customer is entitled to a permanent amicable consumer court within the meaning of Art. 37 of the law of December 15, 2000 on the trade inspection (Journal of Laws of 2019, item 1668), with the application for the settlement of a dispute arising from the concluded sales contract. The regulations on the organization and operation of the permanent consumer arbitration courts are set out in the ordinance of the Minister of Justice of 6 July 2017 on the organizational rules for the activities of the permanent arbitration tribunals at the voivodship inspectorates of the trade supervisory authority (Journal of Laws 2017, item 1356).
B)The customer is entitled to contact the state inspector of the trade supervisory authority in accordance with Art. 36 of the law of December 15, 2000 on the trade inspection (Journal of Laws of 2019, item 1668), with the application for the initiation of an arbitration procedure for the amicable settlement of the dispute between the customer and the seller. Information about the rules and the procedure of the arbitration procedure by the state inspector of the trade inspection is available on the premises and on the websites of the individual state inspectorates of the trade inspection.
C)The customer can receive support in resolving a dispute between the customer and the seller, also through the support of a district (municipal) consumer ombudsman or a social organization whose legal tasks include consumer protection (including the consumer association, the Polish consumer association). Advice is provided by e-mail from the consumer e-advice center at firstname.lastname@example.org and from the Polish Consumer Association and the Consumer Foundation on the consumer hotline number 801 440 220 (the hotline is open on working days, 8:00 a.m. – 6:00 p.m. : 00).
THE RIGHT TO WITHDRAW FROM THE CONTRACT
- A consumer who has concluded a distance contract can withdraw from the contract within 14 calendar days (e.g. fourteen) without giving reasons and without incurring any costs. To meet the deadline, it is sufficient to send a declaration before the deadline has expired. However, the consumer cannot withdraw from the contract if the subject of the contract is a purchase, in which the subject of the service is a non-prefabricated item that is manufactured according to the consumer’s specifications or the satisfaction of his individual needs serves (personalized product). – Arts. 38 Point 3 of the Consumer Rights Act (Journal of Laws of 2020, Item 287)
- The declaration in accordance with point 1 § 10 of the regulations can be submitted using the available form (attached to these regulations) or in another way in accordance with applicable law.
- The deadline for withdrawing from the contract begins:
- In a contract in which the seller releases the product, he is obliged to transfer his ownership – from taking the product into the possession of the consumer or a third party designated by him, who is not the carrier, and in the case of a contract, the many Products that are delivered individually, in batches or in parts – from taking possession of the last product, batch or part
- For other contracts – from the conclusion of the contract.
- In the event of withdrawal from a distance contract, the contract is deemed to be null and void.
- The consumer is obliged to return the product to the seller from whom the purchase is withdrawn immediately, but no later than 14 days from the date on which he withdrew from the contract, or to hand the product over to a person authorized by the seller for collection, unless the seller has suggested that the product be collected by itself. To meet the deadline, it is sufficient to return the product before the deadline has expired.
- The seller has to reimburse the consumer immediately, but no later than 14 days after receipt of the declaration of withdrawal, all payments made by him, including the cost of delivery of the article, unless the consumer has chosen a different shipping method than the cheapest offered by the seller Standard method.
- The seller will reimburse all payments made by the consumer in the same way as the consumer, unless the consumer has expressly consented to another type of return that does not incur any additional costs for him.
- The reimbursement of the payments made by the consumer in accordance with points 6 and 7 will be made from the time the item is returned or the consumer has provided evidence of its return. The correct address for returning the items is the address of the seller’s registered office.
- The consumer is responsible for the reduction in the value of the thing that can be traced back to a use of the thing that goes beyond what is necessary to determine the type, properties and functionality of the thing.
PROVISIONS FOR ENTREPRENEURS
- This section of the Terms and the terms contained therein apply only to customers and service users who are not consumers.
- The seller has the right to withdraw from the sales contract with the customer who is not a consumer within 14 calendar days from the date of conclusion of the sales contract. In this case, a withdrawal from the purchase contract can take place without giving reasons and does not justify any claims by the customer, who is not a consumer, against the seller.
- For customers who are not consumers, the seller has the right to limit the payment methods available, including requesting full or partial prepayment, regardless of the payment method chosen by the customer and the conclusion of a sales contract.
- According to Art. 558 § 1 BGB, the seller’s liability under the warranty for the product towards the customer who is not a consumer is excluded.
- For all disputes between the seller and the customer, who is not a consumer, the competent court for the seat of the seller is responsible.
- The online shop DOGDECO.COM is the administrator of the personal data of the shop’s customers collected about it.
- The customer’s personal data collected / collected by the administrator via the DOGDECO.COM online shop are collected for the execution of the sales contract and, with the customer’s consent, also for marketing purposes.
- The provision of personal data is voluntary, but failure to provide the personal data specified in the regulations, which is necessary for the conclusion of a sales contract, means that no sales contract can be concluded.
- The data and the purpose according to paragraphs 1 and 2 are only used and processed for the needs of the DOGDECO.COM online store
- The consumer has the right to access his personal data and to correct, delete or restrict the processing, as well as the right to object to the processing and transfer data.
- The consumer declares that the data given by him is true.
- The recipients of the personal data of the customers of the online shop can be:
- In the case of a customer who uses the DOGDECO.COM online shop with the post or courier shipping method, the administrator makes the collected personal data of the customer available to the selected carrier or agent who carries out the shipping at the administrator’s request,
- In the case of a customer who uses the online shop DOGDECO.COM with the payment method – electronic payment or credit card, the administrator provides the collected personal data of the customer to the selected facility that handles the specified payments in the online shop.
- Detailed regulations for the collection, processing and storage of personal data for the fulfillment of orders by the shop are described in the data protection declaration.
- Contracts concluded by the shop are only concluded in Polish.
- The product information published on the website of the online shop DOGDECO.COM does not constitute an offer within the meaning of the German Civil Code.
- In matters not covered by these provisions, the provisions of the Civil Code, the Law on the Provision of Electronic Services, the Law on Consumer Rights and other generally applicable legal provisions apply.
- The customer, who is a consumer, can, at his own discretion, use extrajudicial means to process complaints and redress. Disputes about online purchases can be settled through an arbitration procedure before the state inspectorate of the trade inspectorate or the arbitration procedure with the trade supervisory authority of the province. The consumer can also use other methods of out-of-court dispute resolution, i.e. for example submit his complaint via the EU-OS Internet platform, available at http://ec.europa.eu/consumers/odr/
- If the consumer is not interested in the possibility of out-of-court settlement of disputes, the settlement of disputes between ABV Kornelia Synator-Kawka and the consumer will be submitted to the competent courts in accordance with the Polish provisions contained in the code of civil procedure law.
- The settlement of disputes between ABV Kornelia Synator-Kawka and the customer who is not a consumer will be submitted to the courts competent under Polish law for the registered office of ABV Kornelia Synator-Kawka
- The content of the shop website, graphics, descriptions, videos and images of products are the exclusive property of the DOGDECO.COM online shop. Their unauthorized use violates the provisions of copyright law.
- The online shop DOGDECO.COM reserves the right to change these provisions for legal, technical or organizational reasons. The change in regulations will take effect on the date specified by the seller, but no later than 7 days after the changed regulations are posted on the website. Orders placed by consumers before the amendments to the regulations come into force will be carried out in accordance with the applicable provisions.
- Any change to the provisions will be announced on the website in such a way that the customer can familiarize himself with the new provisions.