Terms

Terms of the online store “sklep.habitalux.pl”

§1 Definitions
§2 General provisions
§3 Terms of service
§4 Terms of the contract
§5 Order execution
§6 Delivery
§7 Payment methods
§8 Warranty
§9 Withdrawal
§10 Complaints procedure
§11 Liability
§12 Alternative Dispute Resolution ADR
§13 Final provisions

Introduction

Dear Customer, these Terms regulate the method of concluding sales contracts via the above-mentioned website, the rules of executing contracts, delivery terms, terms of these contracts and the procedure for withdrawal from the contract and complaint procedure. Regulations consist of 4 main parts:

a) in § 1 to 3 – general legal provisions of these Regulations;
b) in § 4 to 7 – the process of purchase of the Good / Services;
c) in § 8 to 12 – procedures of stating that the Goods / Services are defective, as well as the right to withdraw from the contract;
d) in § 14 – contain all regulatory provisions.

§1 Definitions

1. Store – https://sklep.habitalux.pl/
2. Seller – KOB-AD S.C Mateusz Kobieluch Łukasz Adamczuk, NIP: 922-29-81-865, phone: 570949458
3. Seller’s address – whenever the Regulations refer to the Seller’s address, it is as follows:
   a) address: ul. Koszary 56/8 22-400 Zamość
   b) e-mail address: habitalux@gmail.com
4. Client – a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity, a legal person or an organization without legal personality, which the law grants legal capacity, which has concluded or intends to conclude purchase contract.
5. Consumer – art. 221 civil code: a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity.
6. Purchase contract – a contract for the purchase of a Product posted on the website of the above-mentioned Store, concluded between the Customer and the Seller via the Store.
7. Goods – a Product, an item that the Customer purchases through the Store. Animal food and pet accessories.
8. Order – Customer’s declaration of will, submitted via the Store, specifying: the type and quantity of the Goods in the Store’s assortment at the time of placing the order, method of payment, method of delivery of the Goods, place of delivery of the Goods and Customer data.
9. Order form – an electronic service, an electronic form available in the Store, enabling the submission and execution of an Order, inter alia, by adding Products to the electronic basket and specifying the terms of the Purchase Agreement, including the method of delivery and payment.
10. Order processing time – the time in which the order placed by the Customer of the Store will be completed and packed by the Seller and forwarded for delivery by the form of delivery chosen by the Customer.
11. Business day – a day from Monday to Friday, excluding public holidays.
12. Act on Consumer Rights, Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws from 2014, item 827 as amended).

§2 General provisions

1. The Seller declares that he complies with all the required rules for the protection of personal data of customers, according to the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of the Regulation of the EU Council 2016/679 (of April 27, 2016, Journal of Laws No. U. UE.L. No. 119). The Customer agrees to the collection, storage and processing of personal data by the Seller only for the purpose directly related to the execution of the Service / Good ordered in the Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the “Privacy Policy” of the Store.
2. By placing an order in the Store, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form. To complete the order, it is necessary to accept the provisions of the regulations. We inform that the execution of the Purchase Agreement via the Internet and acceptance of the regulations obligates the Customer to pay for the ordered Goods.
3. The data controller provides appropriate technical and organizational conditions to ensure the protection of personal data corresponding to the threats and categories of data protected. First of all, it protects data against disclosure, taking, processing, loss, alteration, damage or destruction by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection policy (security policy, personal data protection regulations, IT system management manual).
4. The administrator of your personal data is KOB-AD S.C Mateusz Kobieluch Łukasz Adamczuk ul. Koszary 56/8 22-400 Zamość, NIP: 922-29-81-865, 570949458 e-mail: hhabitalux@gmail.com
5. Each person whose data is processed has the right to:
   a) supervising and controlling the processing of personal data for which the seller keeps a set of customer data of the above-mentioned store;
   b) obtain exhaustive information whether such set exists and is kept by the seller;
   c) determine who is the data administrator, determine his address, name, if the administrator is a natural person, to determine his name and place of residence;
   d) obtain information about the purpose, range, method and time of processing the data contained in such a set;
   e) obtain information in an intelligible form of the data content;
   f) get to know the source from which the data concerning them originate, unless the data controller is obliged to keep secret classified information or professional secrecy in this respect;
   g) requests to supplement, update, rectify personal data, temporarily suspend or delete them if they are incomplete, out of date, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
6. The customer, in accordance with point 6, has the right to inspect the content of personal data being processed, correct them, and request deletion of such data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the collection on an ongoing basis and immediately after notification, unless the request concerns personal data, for which the procedure for supplementing, updating or rectifying them is specified in separate legal provisions, including the act.
7. In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Seller in accordance with the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of the Regulation of the EU Council 2016/679 (of April 27, 2016, Journal of Laws No. U. UE.L. No. 119). Data may be transferred to another entity only if legally required or necessary for the execution of the order.
8. The Customer may agree to receive advertising and commercial information by electronic means from the Seller by subscribing to the NEWSLETTER.
9. The Customer using the Seller’s Services provided via the Store is obliged to comply with these Regulations to the extent necessary to complete the order and is not against the applicable law and the principles of social coexistence.
10. The Seller carries out orders on the territory of Poland and orders placed by Consumers in Europe, and after prior establishing of delivery conditions also in other countries.
11. All the Goods available for sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information on the Goods on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Polish Civil Code.

§3 Terms of service

1. This Store provides services via electronic means, the condition for joining the contract is, first of all, completing the online order form in order to conclude a purchase contract. Joining the contract is voluntary.
2. The contract for the provision of services is concluded electronically in the form of enabling the Store Customer to fill in the order form, the contract is concluded for a definite period of time when the Customer proceeds to fill in the form and is terminated upon withdrawal from completing the form or upon sending the completed form to the Seller . The process of completing the order form is organized so that each customer has the opportunity to read it before making a decision to conclude a contract or amend the contract.
3. The service specified in point 1 is provided free of charge, but may require access to the Internet.
4. Electronic orders can be placed 24 hours a day, 7 days a week.
5. The customer completing the purchase in the appropriate order window selects the option “I consent to the processing of my personal data contained in the order form by the store for the purpose and range necessary to complete the order.” – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the contract.
6. In accordance with art. 8 clause 2 GDPR, the controller, taking into account the available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of the child (under 16 years of age) has consented or approved it.
7. The costs of the Customer related to access to the Internet and data transmission are borne solely by the Customer in accordance with the tariff of his supplier with whom the customer has signed a contract for the provision of Internet services.

§4 Terms of the contract

1. To conclude a valid and binding Purchase Agreement, the Customer selects Goods from the displayed offer of the Store, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the features of the ordered Product and its specification accordingly. Together with the selection of the Goods, the Customer completes the online order form, indicating the data necessary for the Seller to execute the order, such as, for example, quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer available on the website and contained in these Regulations.
2. Registration of the Customer Account in the Store is voluntary and free of charge.
3. Immediately after receiving the order, the Seller shall send the Customer an e-mail on the address provided by the Customer when placing the order, a declaration of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, a purchase contract is concluded.
4. The message summarizing and confirming the order contains all the previously agreed terms of the purchase contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) along with delivery costs and the amount of discounts granted (if applicable).
5. If the Customer has more discounts from several sources / promotions, they are subject to aggregation / summation only when it is clearly specified in the Promotion Regulations. If there is no provision as to the method of combining various promotions / discounts, only one discount (one promotion) can be selected for a given purchase.

§5 Order execution

1. The Seller reliably carries out the Customer’s orders in the order they are received – each order is a priority and very important to us!
2. The order processing time for a single customer is from 1 to 5 business days from the date of sending the order by the customer. In the case of products marked with ‘on order’ availability, the delivery time is specified on the product page. The time of order execution consists mainly of the time of preparing the order (completing and packing the order, delivering the shipment to the courier, and in selected cases, the execution of the Goods). The time of delivery of the order depends on the chosen method of delivery, it may change depending on the type of means of transport indicated by the Customer.
3. In the event of exceptional circumstances or the inability to fulfill the order in the indicated in point 2, the Seller shall immediately contact the Customer in order to determine the further course of action, including the establishment of a different date of order execution, change of delivery method.

§6 Delivery

1. The Goods are delivered via Poczta Polska or a courier company or others accepted by the parties, not involving excessive and unjustified costs on the part of the Seller and the Customer.
2. Ordered Goods are delivered according to the Customer’s choice, either directly to the Customer’s address indicated in the online order form and confirmed by the Customer as the shipping address or picked up in person at the personal collection point at the address provided during the order.
3. The goods are always packed in a way that corresponds to its features, so that it cannot be damaged, lost or destroyed during transport.
4. The customer is informed about delivery costs on an ongoing basis, they are provided when the customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the quantity of ordered goods, their weight and the method of shipment.

§7 Payment methods

1. The Seller enables payment for the ordered Goods in the form of a prepayment to the bank account with the following number: 53 1020 4391 0000 6602 0104 5723
2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or by online transfer of electronic banking via the online payment service PayU, PayPal, Przelewy24.
3. In cash on delivery of the ordered Goods (cash on delivery) – the customer makes the payment to the courier while collecting delivered Goods via a courier company to the address indicated by the customer in the order.

§8 Warranty

1. Delivery of the Goods under the warranty for defects takes place at the expense of the Seller.
2. The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Goods to the Consumer. The Seller is liable to the Consumer if the Goods at the time of its release were non complying with the contract, have physical or legal defects. The Seller is responsible for the non-compliance of the Consumer Goods with the contract if it is found before the expiry of two years from the release of the Goods to the Customer, and if the Goods are replaced, this period shall run anew. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is not complying with the contract if:
   a) it does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from circumstances or destination;
   b) does not have properties that the Seller has provided to the Customer, including by presenting a sample or pattern;
   c) it is not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
   d) was delivered to the Customer incomplete.
3. Notification of defects in the Goods should be sent by e-mail to the Seller’s e-mail address or in writing to the Seller’s mailing address (see §1 point 3: “Seller’s address”). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification may be sent on the form as in the Appendix 2 to these Regulations, which only facilitates the complaint process but is not mandatory for effectiveness of the complaint.
4. If it is necessary for the correct assessment of the physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered on the address of the Seller’s seat (see §1 point 3: “Seller’s address”) if only the Product properties allow it.
5. The Seller shall respond immediately to the Consumer’s notification, but not later than within 14 calendar days from the date of its receipt. Failure to consider the application within the prescribed period is tantamount to its consideration by the Seller and considering it as justified.
6. The Seller covers the costs of collecting the Goods, delivery, removing defects or defects and replacing the Goods with a new one.

§9 Withdrawal

1. In accordance with the provisions of law, the Customer who is a Consumer pursuant to Art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on consumer rights, you have the right to withdraw from a distance contract without giving any reason.
2. The right to withdraw from the contract is granted within 14 calendar days from the moment the Customer who is also a Consumer or a third party designated by him other than the carrier comes into the possession of the ordered Goods.
3. When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. What the parties have provided to each other is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, not later than within fourteen days.
4. The Customer who is a Consumer may withdraw from the contract by submitting a declaration on the online form constituting Appendix 1 to these Regulations, by sending it by e-mail or to the Seller’s mailing address at the Customer’s choice. Appendix 1 is only an aid in withdrawing from the contract, it is not mandatory to exercise the right to withdraw from the contract. The client may or may not use it. For effective withdrawal, it is sufficient to send a written statement to the address of the Seller.
5. To meet the deadline specified in point 2, it is enough to send the Customer’s declaration of withdrawal from the contract before its expiry.
6. The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and will inform the Customer accordingly about further proceedings, including the method of returning the Goods, and will provide an answer to any questions.
7. The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the goods. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of payment refund, which does not involve any costs for him.
8. If the Seller, after obtaining the consent from the Customer, did not undertake to collect the Goods himself, the Seller may withhold the reimbursement of payments received, including the costs of delivering the goods, until the Goods are returned or the Customer provides proof / confirmation of its return, whichever occurs first.
9. The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry.
10. The Customer who is a Consumer bears only the direct costs of returning the Goods.
11. The consumer has the right to withdraw from a distance contract, without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.
12. The goods must be delivered to the Seller’s address (see §1 point 3: “Seller’s address”).
13. The consumer is liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good. This means that the Customer has the right to evaluate and check the Goods, but only in the way that he could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot normally use the goods, otherwise, withdrawing from the contract, he may be charged with additional costs due to the reduction of its value.
14. The right to withdraw from the contract is not entitled to the customer in relation to contracts specified in art. 38 of the Act of May 30, 2014 on consumer rights, including the following:
    a) 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 commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
    b) 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;
    c) 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;
    d) in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
    e) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
    f) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

§10 Complaints procedure

1. For the correct submission of a complaint, the Customer should provide his data such as: name and surname or company name, address of residence or registered office of the company and e-mail address, the subject of the complaint, if possible the order number along with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of a complaint (description of what it consists of) or what features the ordered product does not have, and according to the Seller’s assurances or according to the method of presenting it to the Customer, it was supposed to have.
2.  If the Customer is a Consumer, he may request the replacement of the Product with one that is free from defects instead of removal of the defect or instead of replacing the Product, demand that the defect be removed, unless it is impossible to bring the goods into compliance with the contract in the manner chosen by the Customer, or would require excessive costs compared to the method proposed by the Seller. When assessing the excess costs, the value of the item free from defects, the type and significance of the defect is taken into consideration, as well as the inconvenience to which the Customer would otherwise be exposed.

3. Unless separate provisions provide otherwise, the Seller is obliged to respond to the consumer’s complaint within 14 days from the date of its receipt. If the Seller has not responded to the complaint within the time limit referred to above, it is deemed to have accepted the complaint. The entrepreneur provides the consumer with a response to the complaint on paper or other durable medium (e.g. a USB stick or CD / DVD, in response to the complaint.) “
4. If the application is not considered within the prescribed period, it should be considered as accepted by the Seller. The claim to withdraw from the contract, if it is not processed on time, does not constitute acceptance of the submitted complaint.

§11 Liability

1. The customer is not entitled to:
   a) posting personal data of third parties, disseminating the image without the required consent or consent of the third party to whom the data relates;
   b) posting advertising and / or promotional content that is inconsistent with the purpose of the store’s activity.
2. It is forbidden for the Customer to post any content that could, in particular:
   a) infringe personal rights of third parties;
   b) posted in bad faith or that could be considered as such;
   c) violate the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those covered by the confidentiality clause, especially those defined as secret or top secret;
   d) be offensive or threatening to other people, statements commonly considered offensive, e.g. profanity;
   e) violate the legitimate interests of the Seller;
   f) sending or posting unsolicited commercial information (spam) as part of the Online Store;
   g) otherwise violate good manners, applicable law, social or moral norms.

If a notification is received by a third party, authorized person or a state authority, the Seller reserves the right to modify or delete the content posted by the Customer, if it is found that they may constitute a violation of these Regulations or applicable law. The seller does not control the posted content on an ongoing basis.

§12  Alternative Dispute Resolution ADR

1. Information on ADR methods of dealing with complaints and redress, as well as the rules of access to these procedures are made available at the offices and on the websites of regional (municipal) Consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
2. The consumer has the following options to use ADR means of dealing with complaints and pursuing his claims:
3. applying to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute.
4. to apply to the permanent amicable consumer court operating at the Provincial Inspector of Trade Inspection with a request to settle the dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
5. requesting free legal aid, incl. to the Consumer Federation – website address: www.federacjakonsumentow.org.pl.
6. The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.
7. The consumer may also use the platform of the online dispute resolution system (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on the online dispute resolution system for consumer disputes and amending Regulation (EC 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single point of access for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded website sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
8. The use of out-of-court complaint and redress procedures is voluntary and may only take place if both parties to the dispute, ie the Seller and the Customer, agree to it.

§13 Final provisions

1. The store respects all rights of customers granted by the applicable law.
2. If the applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of applicable law and are therefore binding on the above-mentioned owner.
3. All content posted on the website of the Store (including graphics, texts, page layout and logos) is protected by copyright and is the sole property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.
4. The store owner, as the personal data administrator, informs you that:

• providing data is always voluntary but necessary to perform the order;
• the person providing their personal data has unlimited access to all content of their data and their rectification, deletion (the right to be forgotten), processing restrictions, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, however, the data may be made available to the competent state authorities when required by the relevant regulation.
• The basis for the processing of personal data will be Art. 6 clause 1 point a) and the content of the general regulation on data protection;
• personal data will be stored and processed for the period necessary to complete the processing and performance of the order, but not longer than for a period of 3 years (2 years is the complaint period and 1 year for any other claims and exceptional circumstances)
• the person providing their personal data has the right to lodge a complaint with the Personal Data Protection Office when they consider that the processing of personal data regarding the performance of the contract violates the provisions of the general regulation on the protection of personal data of 27 April 2016; “

5. In terms of the processing of personal data of this store, an appropriate level of protection has not been determined by the European Commission by way of a decision, but the data will be properly secured using IT / legal solutions and measures.
6. Your data will be processed in an automated manner, also in the form of profiling.
7. In the matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply, in particular:
   a) The Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended).
   b) The Act of 27 July 2002 on specific terms and conditions of consumer sales and amending the Civil Code (Journal of Laws 2002, No. 141, item 1176, as amended);
   c) Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16, item 93, as amended);
   d) The Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);
   e) The Act of June 30, 2000 Industrial Property Law (Journal of Laws of 2001, No. 49, item 508, as amended);
   f) Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2006 No. 90, item 631, as amended),
   g) Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827)
8. The amended Regulations are binding on the Customers if the requirements specified in Art. 384 of the Civil Code (the customer has been properly informed about the changes).
9. The Seller holds the right to amend the Regulations for important reasons, that is:
   a) changes in the law;
   b) changes in payment and delivery methods;
   c) changes in the exchange rate,
   d) changes in the method of providing services by electronic means covered by the regulations,
   e) changes to the Seller’s data, including e-mail address and telephone number.
10. Amendments to the regulations do not affect the placed and already implemented orders, the regulations in force at the time of placing the order shall apply to them. The seller informs about the intended change on the store’s website at least 30 days in advance. If the amended regulations are not accepted, the Customers may terminate the contract with immediate effect within 30 days from the date of receipt of the message.
11. Disputes arising as a result of the provision of services under these Regulations will be submitted to the General Court at the choice of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
12. Appendixes to the Regulations constitute its integral part.
13. The purchase contract is concluded in Polish, with the content in accordance with the Regulations.
14. Customers of the Store may access these Regulations at any time via the link on the main page of the website and download it and print it out, however, commercial use is protected by the LEGATO Law Office.
15. The Regulations shall enter into force on 10.07.2020.