REGULATIONS FOR THE ONLINE STORE
Warsaw Dog
1. GENERAL PROVISIONS
1. Online store: Warsaw Dog, operating at: warsawdog.com, is run by: Warsaw Dog Zofia Kwiatkowska, with its registered office at ul. Myśliborska 53/210 Warsaw, operating under the Tax Identification Number (NIP): 5213480050.
2. These Online Store Regulations define the rules for making purchases in the online store: warsawdog.com, and in particular the rules and procedure for concluding distance selling agreements via the Store, as well as the complaint procedure and the procedure for withdrawal from the agreement by the Consumer.
3. In the scope of Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Act on the provision of electronic services of July 18, 2002 (i.e. OJ of 2020, item 344, as amended).
4. The Regulations are addressed to all Customers of the Store. All Customers are obliged to read the provisions of the Regulations before making a purchase.
5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are based on the version of the Regulations applicable at the time of placing the order.
6. Each Customer has the opportunity to read the Regulations at any time by clicking on the hyperlink: "Store Regulations" on the Store website: warsawdog.com. The Regulations can be downloaded and printed at any time.
7. All information contained on the Store's website: warsawdog.com, relating to products (including prices), does not constitute an offer within the meaning of art. 66 of the Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended), but an invitation to conclude a contract, within the meaning of art. 71 of the Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended). By sending the Order Form, the Customer makes an offer to purchase and deliver the indicated Goods or Service for the price and under the conditions specified in the description.
2. DEFINITIONS
Terms of Use – this set of regulations organizing the rules for using the Store Services by Customers.
Consumer – a natural person concluding an Agreement via the Store, not directly related to his or her business or professional activity.
Entrepreneur with Consumer rights – a natural person concluding a civil law Agreement via the Store, directly related to his/her business activity, when the content of this Agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on Central Registration and Information on Business. For the purposes of these Regulations, it is assumed that if there is no distinction between the two groups of entities indicated, the Regulations apply to both Consumers and Entrepreneurs with Consumer rights.
Klient – a natural person (including the Consumer) who is at least 13 years old (provided that he or she has obtained the consent of the statutory representative), a legal person and an organizational unit that is not a legal person, which is granted legal capacity by special provisions, and which uses the Services provided by the Store.
The order form – Service available on the Store’s website, through which the Customer can make a purchase, in particular by adding Goods, Services or digital services to the Basket and specifying certain terms of the Sales Agreement, including the method of delivery and payment.
Cart – an element of the Store in which the Goods or Services selected by the Customer are visible and in which the Customer has the option of setting and modifying the Order data, including the quantity of Products purchased.
Shop – an internet service belonging to the Seller, available under the domain: warsawdog.com, through which the Customer can purchase Goods or Services from the Seller.
Dealer – Warsaw Dog Zofia Kwiatkowska ul. Myśliborska 53/210 03-185 Warsaw who, conducting commercial or professional activity, proposes sales via their website.
Commodity – movable item traded between the Store and the Customer, the terms of which are specified in the Order Form.
Goods with digital elements – goods that contain or are combined with digital content or a digital service in such a way that the absence of the digital content or digital service would prevent its proper functioning.
Service – business activity of a non-productive nature, provided without the simultaneous presence of the Seller and the Customer (remotely), by transmitting data at the individual request of the Customer, sent and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law (i.e. Journal of Laws of 2021, item 576, as amended.).
digital service – a service that allows the Consumer to generate, process, store or access digital data; the sharing of digital data that has been sent or generated by the Consumer or other users of that service or other forms of interaction using digital data, e.g. video and audio content sharing services and other online file storage services, word processing or games offered in the cloud, cloud storage services, email, social media and cloud-based applications.
Product – any good or service, including real estate, digital services and digital content, as well as rights and obligations.
Digital environment – computer hardware, software and network connections used by the Consumer to access or use digital content or digital service.
Integration – connecting the digital content or digital service with elements of the Consumer's digital environment and incorporating them into these elements in order to ensure compliance with the Agreement for the supply of digital content or digital service.
compatibility – the interaction of digital content, digital service or good with computer hardware or software that is typically used to use the digital content, digital service or good of the same type, without the need to transform it.
functionality – the ability of digital content, digital service or good to perform its functions, taking into account its intended use.
Interoperability – the ability of the digital content, digital service or good to interoperate with computer hardware or software other than those typically used to use the digital content, digital service or good of the same type.
Online trading platform – a service using software, including a website, part of a website or an application, operated by an entrepreneur or on his behalf, which enables consumers to conclude distance contracts with other entrepreneurs or natural persons, who are not entrepreneurs, to conclude distance contracts with other natural persons who are not entrepreneurs.
Online trading platform provider – an entrepreneur who operates an online trading platform, provides entities with an online trading platform or enables the use of this platform.
Agreement – a distance sales contract for Goods, Services or digital services concluded by the Customer via the Store, usually via the Order Form.
3. ACCEPTANCE AND PROCESSING OF ORDERS
1. The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
2. The main parameters determining the positioning of offers presented to the Consumer as a result of the search, also presented in direct connection with a given offer, in a visible manner, are as follows:
stock availability, current promotions, purchase history
3. The store means sponsored offers and paid advertisements. This information is presented in direct connection with the search result in question, in a visible way that stands out from the overall interface.
4. The Seller applies individual price adjustments to the proposed offers, based on automated decision-making.
5. The price given in the order is the total value that the Customer is obliged to pay, including the tax due (gross price). The delivery cost is not included in the price because it depends on the method of delivery of the Product chosen by the Customer.
6. If the Consumer is obliged to make a payment exceeding the agreed price described in the previous paragraph, the Store will immediately inform the Consumer about this fact, explaining the reason for the price difference. Additional costs will be charged to the Consumer only after obtaining the Consumer's express consent.
7. The Seller reserves the right to change prices in the Store, introduce new Products for sale, conduct and cancel promotional campaigns, or make changes to them, in accordance with applicable law.
8. If a promotion is introduced, the Store informs Customers about the lowest price of the Product from the last 30 days. If the Product is on sale for less than 30 days, the pre-promotion price is the lowest price since the Product was introduced to the Store. This information is presented next to the promotional price of the Product.
9. Orders from customers are accepted via the website: warsawdog.com.
10. The Product Order is placed by selecting the Product, Service or digital service that the Customer is interested in, clicking the "ADD TO CART" button located next to the Product description, and then, from the "CART" level located in the Store tab, filling out the Order Form, including selecting the form of delivery and payment or selecting the payment option on delivery, if available for the selected Product, and then clicking confirmation of purchase.
11. Entrepreneurs with Consumer rights should indicate, at the time of ordering Products, that the purchase is not of a professional nature for them.
12. After placing the order, the Customer receives confirmation of the order placed at his/her e-mail address provided in the Order Form.
13. After the Customer receives confirmation of acceptance of the offer, the order processing process by the Seller begins.
14. Orders placed in the Store are processed during Store opening hours.
15. The Customer will receive a message that the order has been accepted for processing, which is understood as the Seller's declaration of acceptance of the offer. Upon receipt by the Customer, a Sales Agreement is concluded.
16. A VAT invoice is issued for each order (Article 106b, paragraph 3 of the Act of 11 March 2004 on the tax on goods and services, i.e. Journal of Laws of 2023, item 1570, as amendedL.).
17. The available means of communication between the Customer and the Store are:
a) Email – [email protected]
b) WhatsApp – 600 005 214
c) Correspondence address – ul. Myśliborska 53/210 03-185 Warsaw
d) Address for the purpose of withdrawal from the Agreement: ul. Myśliborska 53/210 03-185 Warsaw
e) other means of online communication: instagram.com/warsawdog, facebook.com/warsawdog
18. The Seller does not verify the authenticity of Customer reviews about the Products purchased in the Store.
4. DELIVERY AND TRANSPORT COSTS
1. The order is shipped in the Store via:
- Inpost
- DPD courier
- Orlen Pack
2. Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and holidays will be processed from the next working day.
3. The waiting time for sewing is approximately 14 working days.
4. The Seller is not responsible for delays resulting from the carrier's fault.
5. When collecting the parcel delivered by the courier, the Customer should carefully check the content and completeness of the parcel, the condition of the external packaging and the condition of the ordered Product in his presence. In the event of damage to the shipment, the Customer should prepare a damage report together with the courier, in two identical copies signed by the Customer and the courier.
5. PAYMENT PROCESSING
1. As part of the operation of the Store, the following payment methods are possible:
1) cash on delivery – upon receipt of the shipment;
2) by bank transfer to the account number – 42 1050 1025 1000 0092 1295 4185 (ING Bank Śląski);
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online payment via the Przelewy24 payment platform
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online payment via Paypal platform: [email protected]
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By debit/credit card via the WooPayments platform
2. Detailed rules and conditions for making payments via banks or other available services are specified in the relevant regulations of the relevant banks and websites.
3. Customers who choose to pay by bank transfer are obligated to pay for their order within seven days of placing the order. Otherwise, the Seller's offer is not binding and the order will be deleted from the system.
6. COMPLAINT
1. The Seller is liable for the non-compliance of the Product with the Agreement. The provisions of the Act of April 23, 1964, Civil Code (i.e. Journal of Laws of 2023, item 1610, as amended), regarding warranty for defects.
2. The Seller shall be liable for any lack of compliance with the Product Agreement which exists at the time of its delivery and is disclosed within two (2) years thereafter, unless the shelf life of the Product as determined by the Seller, its legal predecessors or persons acting on their behalf is longer. The lack of conformity of the Product with the Agreement, which became apparent within two (2) years from the date of delivery of the Product, is presumed to have existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Product or the nature of the lack of conformity. Product with the Agreement.
3. If the Product is inconsistent with the Agreement, the Consumer may request its repair or replacement. The Seller may make an exchange when the Consumer requests repair, or the Seller may make a repair when the Consumer requests replacement, if bringing the Product into compliance with the Agreement, in the manner chosen by the Consumer, is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Product into compliance with the Agreement.
4. The Seller shall repair or replace within a reasonable time from the moment the Consumer has informed him of the lack of conformity with the Agreement, and without excessive inconvenience to the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller. For this purpose, the Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at its own expense.
5. If the Product is inconsistent with the Agreement, the Consumer may submit a declaration of price reduction or withdrawal from the Agreement when:
a) The Seller refused to bring the Product into compliance with the Agreement;
b) the Seller failed to bring the Product into compliance with the Agreement;
c) the lack of compliance of the Product with the Agreement continues, even though the Seller has tried to bring the Product into compliance with the Agreement;
d) the lack of compliance of the Product with the Agreement is so significant that it justifies reducing the price or withdrawing from the Agreement, without first requesting its repair or replacement;
e) it is clear from the Seller's statement or circumstances that he will not bring the Product into compliance with the Agreement within a reasonable time or without undue inconvenience to the Consumer.
6. The reduced price must be in such proportion to the price resulting from the Agreement that the value of the Product inconsistent with the Agreement remains in proportion to the value of the Product consistent with the Agreement. The Seller returns to the Consumer the amounts due as a result of exercising the right to reduce the price, immediately, no later than within fourteen (14) days from the date of receipt of the Consumer's declaration of the price reduction.
7. The Consumer may not withdraw from the Agreement if the lack of compliance of the Product with the Agreement is immaterial. It is presumed that the lack of compliance of the Product with the Agreement is material.
8. In the event of withdrawal from the Agreement, the Consumer shall immediately return the Product to the Seller at his expense. The Seller returns the price to the Consumer immediately, no later than within fourteen (14) days from the date of receipt of the Product or proof of its return, using the same payment method used by the Consumer, unless the Consumer expressly agreed to a different method of return that does not it involves no costs for him.
9. Complaints regarding Products may be submitted:
a) in writing, to the Seller's registered office address: ul. Myśliborska 53/210 03-185 Warsaw
b) by e-mail, to the e-mail address: [email protected].
10. The complaint should include:
a) details of the person submitting the complaint (name and surname, correspondence address, e-mail address and telephone number);
b) indication of the reason for the complaint and the content of the request;
c) Order number, appearing in the confirmation of acceptance of the Order;
d) the original or copy of proof of purchase (e.g. receipt or invoice) may facilitate filing a complaint, but is not necessary to submit it.
11. The above provisions do not exclude the possibility of the Seller granting a warranty for the purchased Products, which is provided for in separate warranty regulations.
7. RIGHT OF WITHDRAWAL
1. Pursuant to the Act of May 30, 2014 on consumer rights (i.e. OJ of 2020, item 287, as amended), the Consumer may withdraw from the Agreement concerning Products purchased in the Store, without giving a reason, by submitting an appropriate declaration in writing, within fourteen (14) days, counted from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer) of receipt of the Service, content or digital service. This deadline is considered to have been met if the Consumer sends the declaration before its expiry.
2. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. The declaration template constitutes Annex 1 to these Regulations.
3. The declaration of withdrawal from the Agreement should be sent to the following address: ul. Myśliborska 53/210 03-185 Warsaw or by e-mail to the following address: [email protected].
4. The Consumer will return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the Agreement. To meet the deadline, it is enough to return the Goods before its expiry.
5. The consumer only bears the direct costs of returning the Goods.
6. The Goods should be returned to the Seller's address: ul. Myśliborska 53/210 03-185 Warsaw.
7. The Seller, within fourteen (14) days from the date of receipt of the declaration of withdrawal from the Agreement, will refund to the Consumer all payments made by him, including the cost of delivering the Goods, but the payment will not be refunded until the Goods are received back or delivered by The consumer's proof of his return.
8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
9. The Seller will refund the payment using the same method of payment as used by the Consumer.
10. The Consumer is responsible for reducing the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
11. The Consumer is not entitled to withdraw from the Sales Agreement in relation to the Agreement:
a) in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to meet his individual needs;
b) in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
c) where the subject of the provision are Goods which after delivery, due to their nature, are inseparably connected with other goods;
d) where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery;
e) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement expires;
f) for the delivery of Goods with digital elements, digital services or digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, the Consumer will lose the right to withdraw from the Agreement, and has acknowledged this and the Seller has provided him with confirmation;
g) concluded through public auction;
h) in which the Consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies goods other than spare parts necessary to perform the repair or maintenance – the Consumer has the right to withdraw from the Agreement in respect of additional Services or Goods;
i) for the provision of services for which the Consumer is obliged to pay a price, in the event that the Consumer has expressly requested the Seller to come to him for the purpose of repair and the service has already been fully performed with the express and prior consent of the Consumer.
12. The right to withdraw from a distance contract is available to Consumers and Entrepreneurs with Consumer rights.
8. OUT OF COURT RESOLUTION
1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use i.a. With:
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Mediation conducted by the competent Voivodship Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
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Assistance from the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
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Free assistance of the municipal or poviat consumer ombudsman.
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Online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
2. This chapter entitled "Out-of-court dispute resolution" does not apply to Entrepreneurs with Consumer rights.
9. PROTECTION OF PERSONAL DATA
1. By placing an order, the Customer consents to the processing of personal data provided by him in order to complete and service the order by the Seller, who is also the administrator of personal data, within the meaning of Art. 7 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation ), OJ EU L 119, 4 May 2016, pp. 1–88.
2. The administrator of personal data provided by the Customer when using the Store is the Seller.
3. Personal data contained in the Seller's database are not transferred to entities that do not participate in the implementation of the Agreement.
4. The customer, in accordance with Art. 15 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation ), OJ EU L 119, May 4, 2016, pp. 1–88, has the right to access his or her personal data and may request their correction or deletion. The Seller provides each Customer with the right to control the processed personal data.
5. Providing personal data is voluntary, however, the lack of consent to the processing of personal data makes it impossible to complete the Customer's order.
6. Detailed information regarding personal data and privacy protection is included in the "Privacy Policy" tab on the Store's website.
10. FINAL PROVISIONS
1. The Regulations define the rules for concluding and performing the Sales Agreement for Products available on the Store's website.
2. The sales contract is concluded between the Customer and the Seller.
3. The Regulations are available to all Customers in electronic form on the Store’s website: warsawdog.com, in the “Store Regulations” tab.
4. In order to use the Store's Services, it is necessary to have devices allowing access to the Internet and a web browser enabling the display of websites, as well as providing an e-mail address enabling sending information regarding the execution of the order.
5. All persons, including Customers, are prohibited from posting illegal content on the Store's website.
6. In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply.
7. The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory provisions of law granting rights to consumers, the provisions of law shall prevail.
8. The provisions of the Regulations are less favorable to the Consumer than the provisions of the Act of May 30, 2014 on consumer rights (i.e. Journal of Laws Laws of 2020, item 287, as amended.) are invalid and the provisions of the Act shall apply in their place.
9. In the event that any of the provisions of these Regulations are or are intended to become invalid or ineffective, the validity of the entire remaining part of the Regulations shall remain unaffected. In such a case, the Parties will replace the invalid or ineffective provision with another one that reflects the intended economic purpose as closely as possible. This also applies accordingly to any gaps in the Regulations.