§ 1 Preamble
The regulations define the rights and obligations of the users of the Mascota.pl online shop, as well as the rules of its operation.
§ 2 General provisions
1. The owner and administrator of the www.mascota.pl online shop is Plata Spółka Jawna seated at Śledziejowice 220, 32-020 Wieliczka, NIP (Tax Identification Number): 6830002706, REGON (Business Identification Number): 350513056, KRS (National Court Register Number): 0000108051.
2. The layout of both graphic elements and the content, as well as the content of the website itself, including the photos uploaded, constitute the property of the online shop, and benefits from legal protection under the copyright law.
3. The Mascota trademark is a registered and reserved trademark.
§ 3 Definitions
1. The terms used in the regulations mean:
1.1 Gift Voucher – a bearer voucher, enabling the Customer to pay the price of the Product in the shop, up to the value of the funds gathered on this voucher, provided on a tangible medium (plastic or paper card) or in digital form (in a PDF file).
1.2 Business day – one day from Monday to Friday, excluding public holidays.
1.3 Registration form - a form available in the online shop, which allows you to create a Customer Account.
1.4 Order form - an electronic service that allows you to place an order.
1.5 Customer - a natural person, legal person, organisational unit without legal personality, using the online shop, as well as a self-employed individual.
1.5.1 Consumer - a natural person performing with the entrepreneur a legal transaction (e.g. concluding a contract) not directly related to its business or professional activity, as well as a person running a business whose Polish Business Classification (PKD) number is not related to the Seller's activity.
1.6 Account - an electronic service with an assigned login and password, in which the data provided by the customer and information about orders placed by him in the online shop are stored.
1.7 Newsletter - an electronic service provided by the Seller via e-mail, which allows the Seller to receive information about Products, novelties and special offers in the online shop.
1.8 Product - a movable item available in the online shop, which is the subject of the Sales Agreement between the Customer and the Seller.
1.9 Seller: Plata Spółka Jawna seated at ul. Śledziejowice 220, 32- 020 Wieliczka, NIP: 6830002706, REGON: 350513056, KRS: 0000108051.
1.10 Sales contract - a contract for the sale of a Product concluded between the Customer and the Seller via the online shop.
1.11 Order - the Customer's declaration of will submitted via an Order Form, and aimed directly at concluding a sales agreement with the Seller.
§ 4 Account
1. The technical requirement to use the Mascota.pl online shop is to have a computer or another electronic device with access to a web browser and access to the Internet.
2. To create an account, it is necessary to fill in the contact form with the Customer's personal data. Each account is assigned an individual login and password. Creating an account is voluntary and optional.
3. The customer undertakes not to provide third parties with the data used to log into the online shop.
4. The advantage of having an account is the ability to check your purchase history, participation in special offers and receiving newsletters.
§ 5 Conditions for the conclusion of a sales agreement
1. The customer can place an order after registering through his account, as well as without an account. In both cases, it is necessary to fill in the order form to place an order.
2. The prices provided on the website are in Polish zlotys and include the applicable VAT tax.
3. In the order summary, there is information about the total price of the subject of the order and about the delivery costs. The customer is informed about all the costs when completing the order form. There is no hidden cost in the ordering process.
4. Before placing an order, the Customer should read the content of the regulations and accept them. The acceptance of the regulations is voluntary, but necessary to place the order correctly.
5. Accepting the completed order form by clicking "I am buying with the obligation to pay and collect" is tantamount to the conclusion of the sales contract by the Buyer.
6. Having placed the order, the Seller shall immediately inform the Customer about the acceptance of the order. The confirmation will take place by sending the Customer an e-mail to the e-mail address that was provided in the form by the Customer when placing the order.
7. The order is saved in the online shop system as the evidence of the contract.
§ 6 Payment deadline and conditions
1. The customer may choose from the following methods of payment:
1.1 in cash on delivery by a courier.
1.2 via quick payment system: DotPay
1.3 with a Gift Voucher according to the rules described in § 8.
2. Should the order be placed and not paid for within 30 minutes using the payment methods we provided, the sales contract shall be terminated due to the Customer's fault, and the order is automatically cancelled.
3. If the Customer chooses to pay in cash on delivery, the Customer is obliged to make the payment in cash upon delivery.
§ 7 Order delivery terms and conditions
1. If you choose payment on delivery, the order will be processed after its placement.
2. If you choose to pay by bank transfer or payment card, the order will be transferred for execution after the payment is credited to the Seller's bank account.
3. The due deadline for the order completion is 1-4 business days.
4. Product delivery is available on the territory of the Republic of Poland and abroad according to the price list of courier companies.
5. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise.
6. It is not possible to collect in person the goods purchased in the online shop.
7. The time of transporting the product to the Customer across Poland is 1-2 business days (by virtue of the agreement with the company delivering the product).
8. The customer is obliged to check the parcel in the presence of the courier. If any damage to the parcel is detected, it is necessary to draw up a report on damage in transport, and immediately notify the Seller about this fact by sending an e-mail. A failure to prepare a report on damage with the courier may prevent the initiation of the complaint procedure, and thereby the return of the goods.
9. The indicated date of dispatch of the Pre-order is an approximate date and it may change by a few days, depending on the availability and delivery of the product from the factory.
§ 8 Gift Vouchers
1. Gift Voucher - a bearer voucher enabling the Customer to pay the price of the Product in the shop, up to the value of the funds accumulated on the voucher, provided on a tangible medium (plastic card, paper card) or in digital form (in a PDF file).
2. Issuer – the Seller within the meaning of these regulations.
3. Buyer - a person who transfers funds to the Issuer in the amount equal to the value of the voucher, in return for which he receives a Gift Voucher from the Issuer.
4. User - the holder of a Gift Voucher, presenting it for execution in a stationary or online shop.
5. The Issuer undertakes to provide the Buyer with a Gift Voucher, and then to accept it for use in a stationary or online shop. The Buyer undertakes to provide the Issuer with funds in the amount equal to the value of the voucher.
6. The Gift Voucher cannot be exchanged for cash.
7. A Gift Voucher is valid for a period of two months from the date of its issue to the Buyer. The period of validity cannot be extended.
8. The Gift Voucher is for single use; the Issuer does not issue a duplicate of the voucher.
9. The Issuer shall not be responsible for any Gift Vouchers that have been lost or damaged after their issue to the Buyer. In the event of loss, damage or theft of the Gift Voucher, the User shall not be entitled to any claims against the Issuer.
10. The Issuer is obliged to inform the User that the Gift Voucher:
10.1 can only be redeemed in the online shop;
10.2 shall not be exchanged for cash;
10.3 has a validity period within which it must be used up.
11. The Issuer has the right to refuse to redeem the Gift Voucher in the event of:
11.1 the expiry of its validity period;
11.2 damage to the voucher to the extent that it is impossible to read the data stored on it.
12. In the event that the price of the Products purchased by the User with the use of the Gift Voucher is higher than the value of the voucher, the User will be obliged to pay the difference in cash or by a payment card.
13. In the event of withdrawal from the contract or return of Products purchased using the Gift Voucher, the User shall receive a new voucher from the Issuer, with a value corresponding to the price of the Products to be returned. The Gift Voucher issued by the Issuer to the User in accordance with the provisions of this section shall have a validity period of two months from the date of issue.
14. A Gift Voucher is single use, i.e. it should be used for purchases whose value is equal to or exceeds the value of the voucher. In the case of a purchase below the value of the voucher, it cannot be used for the second time, and a new voucher shall not be issued for the remaining value.
§ 9 Complaints and returns
1. The Seller is obliged to provide the Customer with a product free from defects.
2. Any and all complaints and returns are to be submitted by sending the completed form by e-mail to the following address: email@example.com or via a courier (Poczta Polska; Polish Post) to the following address: Plata Spółka Jawna, ul. Śledziejowice 220, 32-020 Wieliczka.
3. The returned goods must be properly secured, packed and sent back complete, intact to the address of the shop: Plata Spółka Jawna, ul. Śledziejowice 220, 32-020 Wieliczka, along with the sales confirmation and the attached complaint protocol.
4. The sales confirmation or invoice shall constitute the basis for the return or complaint.
5. The Seller shall consider the complaint as soon as possible, not later than within 14 calendar days from the date of its submission. The basis for the initiation of the complaint or return procedure is a correctly completed complaint or return form available on www.mascota.pl, as well as the sales confirmation or invoice. Sending a different or incorrectly completed form may delay the consideration of the complaint.
6. The full scope of the Seller's liability and obligations towards the Customer is defined by generally applicable laws, in particular in the Civil Code. For sales contracts, the basis and scope of the Seller's liability towards the Customer for non-compliance of the product with the sales contract are defined by the generally applicable provisions of the consumer sales law.
6.1. The Seller shall be liable under warranty. Legal basis: art. 558 § 1 and 560 of the Civil Code,
A) In the event of a defect, the consumer may submit a complaint to the Seller under warranty, and request one of four actions: - replacement of the goods with new ones;
- price reduction; - withdrawal from the contract
– if the defect is significant. It is up to the consumer to choose a request. If the entrepreneur does not agree with this choice, he may propose a different solution under certain conditions, however, this must be compliant with the law. The following circumstances may be taken into account:
- easy and quick replacement or repair of goods;
- the nature of the defect - significant or irrelevant;
- whether or not the goods were previously complained about.
6.2 The Customer-Consumer provisions of the Civil Code in the field of warranty for defects, in general, will also apply to this entity. However, in such a situation, the provisions on limitations in modification of liability under warranty (i.e. extensions, limitations or exclusions) shall not apply.
7. In the case of noticed deficiencies, defects in the shipment or non-compliance with the order, please contact our Customer Service Centre immediately, no later than within 24 hours from the moment of receiving the parcel from the courier.
§ 10 The right to withdraw from the contract
1. A Customer who is a Consumer and a Customer-consumer who runs a business and who concluded a distance contract may, within 14 calendar days, withdraw from it without providing any reason or incurring additional costs, except for the costs of transport to the Seller. The declaration of withdrawal from the contract may be sent by e-mail to firstname.lastname@example.org or by courier (Polish Post) to Plata Spółka Jawna with its registered office at ul. Śledziejowice 220, 32-020 Wieliczka.
1.1 A self-employed Customer-consumer will be able to exercise the right of withdrawal as a Consumer, only if it does not directly concern the industry the entrepreneur specialises in, and the purchase itself is not of a professional nature.
2. In the event of withdrawal from the contract, the Consumer and the Customer-consumer are materially liable only for the diminished value of the goods, resulting from handling them in a way other than necessary to assess their properties, characteristics and functionality. This situation concerns, in particular, the return of underwear.
3. The Seller is obliged to return to the Customer any and all payments effected by him, including the costs of product delivery (except for additional costs resulting from the delivery method selected by the Customer other than the cheapest standard delivery method) immediately, no later than within 14 calendar days from the date of receipt of the returned product and the Customer's declaration of withdrawal from the contract. The Seller shall refund the payment for the goods as described: a. when paying on delivery or in advance to the bank account to the account number provided in the form, b. to the DotPay account in the case of DotPay payment,
4. The Customer is obliged to return the product to the Seller immediately, not later than within 14 calendar days from the date of withdrawal from the contract. The Customer bears the direct cost of returning the product.
§ 11 Provisions regarding entrepreneurs
1. This point of the Regulations and the provisions contained therein apply only to customers who are not consumers, and in the case of self-employment, not having a professional nature of the Seller.
2. The Seller has the right to withdraw from the sales contract concluded with the Customer who is not a Consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer.
3. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including a prepayment in whole or in part, regardless of the method of payment selected by the Customer, or the fact of concluding a sales contract.
§ 12 Personal data and cookies
1. The Seller processes the Customer's personal data for the purpose of executing the order only.
2. The Seller may process the Customer's personal data also for a purpose other than the execution of the order upon his consent.
3. The personal data of the website users are protected, in accordance with the Act of 29th August 1997 on the protection of personal data, in the best possible way, preventing access by third parties. The User has the right to access, modify and delete his personal data.
5. The Seller stores cookies on the Customer's terminal device, and then gains access to the information contained therein for statistical purposes, for marketing purposes (remarketing) and to ensure the proper operation of the online shop.
6. The Seller hereby informs the Customer that it is possible to configure the web browser in such a way that it prevents the storage of cookies on the Customer's terminal device. In such a situation, the use of the online shop by the customer may be hampered.
7. The Seller hereby indicates that cookies may be deleted by the Customer after they have been saved by the Seller, through the appropriate functions of the web browser, special software or using appropriate tools available under the operating system used by the Customer.
§ 13 Final provisions
1. In matters not covered by these regulations, generally applicable provisions of Polish law and other relevant provisions of generally applicable law shall apply.
2. The current Regulations of the Online Shop are uploaded on website www.mascota.pl, and can be delivered electronically to the e-mail address provided in the registration form at the Customer's request.
3. The Seller reserves the right to change the Regulations. Any and all agreements concluded prior to the amendment shall be subject to the version of the Regulations in force on the date of conclusion of the sales agreement. Should you have further questions, please contact us.