Terms and Conditions

Dear Customer!

I am very pleased that you have decided to shop in our Store.

Please review the following Terms and Conditions and the rules of sale that apply to both you and me when shopping.

Also, if you have any questions or doubts, you can contact me using the contact details provided in these Terms.

The following terms apply to purchases made from 28.02.2024. If you wish to see previous versions of the Terms, active links to those versions can be found at the very bottom of the document.

TABLE OF CONTENTS

• TABLE OF CONTENTS
• §1 GENERAL PROVISIONS AND CONTACT DETAILS
• §2 DEFINITIONS
• §3 MINIMUM TECHNICAL REQUIREMENTS
• §4 GOODS AND/OR DIGITAL CONTENT OR DIGITAL SERVICES AVAILABLE IN THE STORE
• §5 PRE-SALE OF GOODS, DIGITAL CONTENT OR DIGITAL SERVICES
• §6 PLACING AND FULFILLING ORDERS FOR GOODS
• §7 PRICES OF GOODS AND PAYMENT METHODS
• §8A DELIVERY OF GOODS – COSTS, METHODS, AND DEADLINES
• §8B DELIVERY OF DIGITAL CONTENT OR DIGITAL SERVICES
• §9 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES
• §10 DIGITAL SERVICES – CONCLUSION OF THE AGREEMENT, CUSTOMER ACCOUNT, NEWSLETTER
• §11A COMPLAINT PROCEDURE REGARDING GOODS
• §11B COMPLAINT PROCEDURE REGARDING DIGITAL CONTENT OR DIGITAL SERVICES
• §12 WITHDRAWAL FROM THE AGREEMENT
• §13 PROVISIONS CONCERNING PROFESSIONAL ENTREPRENEURS
• §14 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
• §15 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT
• §16 PERSONAL DATA AND COOKIES
• §17 ALTERNATIVE DISPUTE RESOLUTION AND CLAIM PROCEDURES
• §18 REVIEWS – OPERATION WITHIN THE STORE/WEBSITE
• §19 DEFINITIONS, PROCEDURES, OBLIGATIONS, AND RIGHTS RELATED TO DSA
• §20 FINAL PROVISIONS
1. ANNEX NO. 1 - SAMPLE COMPLAINT FORM FOR CONSUMERS
2. ANNEX NO. 2 - SAMPLE COMPLAINT FORM FOR ENTREPRENEURS WITH CONSUMER RIGHTS
3. ANNEX NO. 3 - SAMPLE WITHDRAWAL FORM FOR CONSUMERS
4. ANNEX NO. 4 - SAMPLE WITHDRAWAL FORM FOR ENTREPRENEURS WITH CONSUMER RIGHTS
5. ANNEX NO. 5 - SAMPLE FORM FOR REPORTING ILLEGAL CONTENT OR CONTENT NON-COMPLIANT WITH THE TERMS OF SERVICE

§1 GENERAL PROVISIONS AND CONTACT DETAILS

1. The online store is available on the domain xpets.pl and on its respective subpages after registration, and it is operated by the Seller.
2. In case of a complaint regarding an Order, please contact the Seller using the following contact details:
   • phone number: 18 414 78 47
   • email address: biuro@xpets.pl
   • contact form available within the Store, in accordance with the rules later set out in these Terms.
3. The Customer may communicate with the Seller via email, the contact form, or a chat (or other online messenger) available within the Store (if available). These methods ensure that written correspondence (documentary form) between the Customer and the Seller is preserved with the date and time, meeting the requirements of a durable medium, and enabling quick and effective communication.
4. The rules for using the Store, placing and delivering Orders, setting prices for the Goods, concluding Sales Agreements for the Goods, the Customer’s right of withdrawal, and making complaints within the Store are set out in these Terms.
5. The Seller provides the Customer or User with these Terms free of charge before the commencement of using the online Store. The Customer may preserve the content of the Terms in a manner convenient to them, e.g., by saving it on a durable medium or printing it.
6. The condition for using the Store and concluding a Sales Agreement is the acceptance of these Terms. By accepting them, the Customer agrees to all the provisions, declares that they have understood them, and undertakes to comply with them.
7. The Seller is responsible for ensuring that the service complies with the Agreement.
8. For clarity, the submission of an Order by the Customer is deemed an offer under Articles 66 and 661 of the Civil Code, the content of which is supplemented by these Terms, and the Agreement is concluded at the moment the Seller sends an electronic confirmation of the Order to the Customer.
9. The information about the Goods provided on the Store’s webpages, in particular their descriptions, technical parameters, and prices, does not constitute an offer under the Civil Code but is merely an invitation to conclude an agreement as defined in Article 71 of the Civil Code.
10. When using the Store, it is forbidden to provide unlawful information, in particular it is prohibited to:
    1. distribute or post spam within the Store;
    2. provide or transmit content prohibited by law, especially within forms available in the Store;
11. You are required to:
    1. use the Store in accordance with these Terms and the law;
    2. use the Store in a manner that does not disrupt its functioning;
    3. use any content posted on the Store’s subpages solely for personal use, in accordance with any license granted (if applicable).
12. It is not permitted to use the resources and functions of the online Store to conduct activities that would harm the Seller’s interests. In particular, it is not allowed to resell Goods ordered via the Store to third parties without the Seller’s consent.
13. Capitalized terms used in these Terms have the meanings given to them in §3 of these Terms.
14. The Customer cannot make a purchase anonymously, under a pseudonym, or using incorrect personal data.
15. To delete a Customer Account, the Customer must notify the Store in writing or via email of their wish to delete it.
16. The remaining definitions, procedures, obligations, and rights resulting from the Digital Services Act (DSA) are described in §20 of these Terms and form an integral part thereof.

§2 DEFINITIONS

The terms used in these Terms mean:

1. Seller or Administrator – Ofertigo sp. z o. o. with its registered office in Konin 284, 34-735 Niedźwiedź, registered in the National Court Register under KRS number 0001059425, NIP 7372240997, REGON 52645899600000, with a share capital of 5000 PLN, as confirmed by the current extract from the National Court Register, represented by Patryk Zapała – President of the Board.
2. Customer or User – a natural person, legal person, or organizational unit (not a legal person) granted legal capacity by specific provisions, who places an Order within the Store and makes purchases through the Store.
3. Consumer – a natural person entering into an agreement with the Seller in the Store, for whom the subject matter is not directly related to their business or professional activity.
4. Entrepreneur with consumer rights – an Entrepreneur placing an Order for Goods related to their business activity, but not in a professional capacity, in accordance with Article 7aa of the Consumer Rights Act and Articles 3855, 5564, 5565 of the Civil Code.
5. Entrepreneur – a natural person, legal person, or organizational unit (not a legal person) granted legal capacity by separate legislation, conducting business on their own behalf using the Store, and not qualifying as an Entrepreneur with consumer rights.
6. Account – the Customer’s or User’s account created on the online platform of the Store.
7. Terms – these Terms of the Store, which also determine the conditions for using the services provided by the Seller, including the intermediary Service, and regulate the relationship between the Seller, as the provider of the intermediary Service, and the Recipient of the services referred to in §20 of these Terms.
8. Online Store or Store – the online store available at www.xpets.pl and its respective subpages, through which the Customer can place Orders and purchase specified Goods.
9. Good – movable items purchased or available in the Store. Goods are sold for a fee unless explicitly stated otherwise.
10. Good with digital elements – a Good that includes digital content or a digital service or is connected with them in such a way that the absence of the digital content would render it inoperative.
11. Digital Service – a service enabling the Customer to produce, process, store, or access data in digital form, or to share data in digital form that has been transmitted or generated by the Customer or other users of the service, or other forms of digital interaction.
12. Digital Content – data produced and delivered in digital form.
13. Sales Agreement or Agreement – an agreement for the sale of a Good and/or the delivery of Digital Content or a Digital Service concluded between the Seller and the Customer via the Store, under which the Seller transfers or undertakes to transfer ownership of the Goods to the Customer and/or deliver Digital Content or a Digital Service, including any agreement whose subject matter includes both Goods and Services.
14. Service Agreement – any agreement other than a Goods Sales Agreement, under which the Seller provides or undertakes to provide a service, including a Digital Service and intermediary Services, to the Customer.
15. Distance Agreement – an agreement concluded with the Customer via the Store or Website without the simultaneous physical presence of the parties, using one or more remote means of communication until the agreement is concluded.
16. Order – an act or expression of intent by the Customer aimed directly at concluding a Sales Agreement and fulfilling the service to the Customer, on the terms specified in these Terms.
17. Order Form – the form provided by the Store through which the Customer can place an Order and conclude the Sales Agreement.
18. Payment Operator – PayU S.A. with its registered office at 60-166 Poznań, Grunwaldzka 186, registered under KRS no. 00002743399.
19. Proof of Payment – an invoice or receipt issued in accordance with the Act on Goods and Services Tax of 11 March 2004 and other applicable laws.
20. Payment – a transfer to the Seller’s account via one of the payment methods available in the Store or payment upon delivery of the Good, depending on the chosen payment method and the Good ordered.
21. Price – the monetary value that the Customer is obliged to pay the Seller for the Digital Content, Digital Service, or Good; in the case of Digital Content or Digital Service – also a digital representation of the value.
22. Service – a set of interconnected IT devices and software that ensures processing, storage, and the transmission and reception of data via telecommunication networks using an appropriate end device (Internet), including the Website or part thereof, the Store or part thereof, mobile applications, and other Seller services, as well as the Seller’s social media channels and outlets operating within those media.
23. Digital Environment – computer equipment, software, and network connections used by the Customer to access Digital Content or a Digital Service, or to use them. The minimum technical requirements are specified by the Seller in these Terms.
24. Working Days – days of the week from Monday to Friday, excluding public holidays.
25. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2023, item 2759, as amended), hereinafter referred to as the Act.
26. Civil Code – the Act of 23 April 1964 (Journal of Laws 2023, item 1610), hereinafter referred to as the Civil Code.
27. GDPR – the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
28. DSA – the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).
29. Personal Data Protection Act – the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2019, item 1781, as amended).
30. Act on Providing Electronic Services – the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2020, item 344, as amended), hereinafter referred to as UŚUDE.
31. Telecommunications Act – the Act of 16 July 2004 on Telecommunications (Journal of Laws 2024, item 34, as amended), hereinafter referred to as the Telecommunications Act.
32. Copyright and Related Rights Act – the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws 2022, item 2509), hereinafter referred to as the Copyright Law.

§3 MINIMUM TECHNICAL REQUIREMENTS

1. The Customer may use the functions provided by the online Store in accordance with these Terms and applicable laws, and in a manner that does not disrupt the functioning of the Store or that of other Customers.
2. To use the Store – including browsing its assortment and placing Orders for Goods – the following are required:
   1. access to the Internet via a device such as a desktop computer, laptop, or other portable device, including equipment enabling communication and completion of necessary forms within the Store (e.g., a functional keyboard);
   2. a properly configured, current version of an internet browser that supports, among other things, cookies (e.g., Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome) and allows for browsing websites;
   3. an active and properly configured email account (the Seller recommends that the Customer check whether emails from the Seller’s domain do not end up in the “spam”, “offers”, or any folder other than “primary/inbox”. The Seller has no control over this, as it depends on the Customer’s email settings and/or the email provider).
3. The Seller provides technical measures to prevent the unauthorized acquisition, modification, or distortion of personal data and information by Customers and unauthorized third parties.
4. The Seller undertakes appropriate actions to ensure the proper functioning of the Store, for example by using appropriate tools or third-party services.

§4 GOODS AND/OR DIGITAL CONTENT OR DIGITAL SERVICES AVAILABLE IN THE STORE

1. The following categories of Goods are available in the Store:
   1. Walking accessories,
   2. Feeding accessories,
   3. Pet furniture
2. The Seller may also provide free Digital Content or Digital Services, such as the option to subscribe to a newsletter or to maintain a Customer Account.
3. The delivery of free Digital Content or Digital Services is carried out on the terms described in these Terms, while fee-based Digital Content or Digital Services available in the Store are provided either according to separate terms or on a dedicated subpage concerning those contents. Free Digital Content or Digital Services may also be offered on a paid basis under the terms described in a separate agreement or in the content description.
4. The Seller makes every effort to ensure that the Digital Content or Digital Services meet the highest standards and thus conform to the Agreement concluded with the Customer. In this regard, the Seller ensures their quality, completeness, functionality, compatibility, interoperability, availability of technical support, proper and specific description of the offer, and provides updates if necessary as required by law or evolving technology, or to improve their quality.

§5 PRE-SALE OF GOODS, DIGITAL CONTENT OR DIGITAL SERVICES

1. The Seller may also conduct pre-sales of selected Goods.
2. Pre-sale enables placing an Order before the official launch (sale of available Goods in the Store) of the Goods at a special price, usually lower than the final price.
3. Pre-sale may cover new Goods that are scarce or that are yet to appear in the Store.
4. The availability date of Goods under pre-sale is specified in their description.
5. Pre-sale may be combined with other promotions.
6. Goods purchased during a pre-sale are fulfilled (e.g., added to the Customer’s Account) in the order in which the Orders were placed.

§6 PLACING AND FULFILLING ORDERS FOR GOODS

1. The Customer may purchase a Good by selecting it from the appropriate subpage of the Store. The Customer may choose among various variants of the Good at different prices (if such options are clearly indicated in the Good’s description).
2. After selecting the Good, in order to proceed with the purchase, the Customer should follow the prompts displayed on the Store’s pages. First, the Customer should click the “Add to Cart” button shown along with the price and description of the Good, which adds the selected Good to the shopping cart. The Customer may then continue shopping or click the “View Cart” button, followed by the “Proceed to Checkout” button to finalize the purchase on the subsequent page.
3. The Customer has the option to enter a discount code, if available, in the field named “Discount Codes”. After entering the code and clicking “Activate”, the price will be adjusted accordingly. The Customer may also enter a discount code at a later step during the Order process.
4. The Customer can then recalculate the cart total and proceed to payment by clicking the “Proceed to Checkout” button.
5. In order to place an Order, the Customer must provide the following data in the forms:
   1. first and last name and, optionally, the company name,
   2. address (country, street, building number, apartment number, postal code, city),
   3. phone number,
   4. email address,
   5. acceptance of these Terms by checking the checkbox. Acceptance is essential to place and finalize the Order,
   6. consent for the Order to be processed by the Store by clicking the “Place Order” button, which indicates the obligation to pay for the Order.
6. The Customer may also specify a different billing address by unchecking the “My billing address is the same as my delivery address” checkbox and providing the correct billing data.
7. During the Order process – until the moment the “Place Order” button is clicked – the Customer may modify their personal data as well as the details of the selected Goods and the chosen payment method.
8. By clicking the “Place Order” button, the Customer acknowledges that the conclusion of the Agreement is associated with the obligation to pay the Seller.
9. If the Customer wishes to receive a VAT invoice, they should, before sending the Order to the Seller, declare at the time of purchase that they are buying the Good as an Entrepreneur and provide the necessary details (in particular, the VAT number).
10. Sending an Order by the Customer constitutes an expression of their intent to conclude a Sales Agreement with the Seller in accordance with these Terms.
11. The Customer makes payment by choosing one of the payment methods available in the Store and then completing the payment.
12. A confirmation of the purchase is sent by email to the address provided by the Customer in the Order form. The Customer is obliged to provide a correct email address, without typographical errors, so as not to impede communication with the Seller.
13. The Sales Agreement is deemed concluded at the moment the Customer receives the confirmation email mentioned in paragraph 13 and after the Order is confirmed. The Sales Agreement is concluded in Polish in a form consistent with these Terms.
14. The Seller reserves the right not to fulfill an Order in case of:
    1. incorrect/incomplete completion of the Order form (lack of all necessary data required for fulfilling the Order – in such case the Seller will contact the Customer, which may delay the Order),
    2. non-receipt of payment within 3 days from the date the Order was placed (in the case of prepayment).
15. If the Customer fails to make payment within the period specified in §6, paragraph 15, letter b), the Seller will set an additional deadline for payment and notify the Customer in a durable medium. Upon the expiry of this deadline without payment, the Seller is entitled to withdraw from the Sales Agreement. If a second deadline passes without payment, the Seller will send the Customer a withdrawal statement from the Agreement based on Article 491 of the Civil Code via a durable medium.

§7 PRICES OF GOODS AND PAYMENT METHODS

1. Prices shown in the Store are in Polish złoty and are gross prices (including VAT or other taxes, if required by law, e.g., excise tax).
2. The Seller does not use mechanisms to individually adjust prices in the Store based on automated decision-making.
3. The Seller reserves the right to change the prices of Goods presented in the Store, introduce new Goods, withdraw Goods, conduct promotions, and offer discounts, as well as temporarily offer free Goods, Digital Content, or Digital Services. This right does not affect Orders placed before the effective date of any such changes. Details and duration are always specified in the description of the particular Good.
4. The duration of any promotion is limited. Discounts and promotions do not stack. The details of a promotion are specified in its description on the page or subpages of the Store, or in the promotion’s own terms.
5. In every case of notifying about a price reduction, alongside the reduced price, the Seller also displays the lowest price that the Good had during the 30 days preceding the price reduction.
6. If a Good is offered for sale in the online Store for less than 30 days, then, in addition to the reduced price information, the Seller displays the lowest price the Good had from the start of its sale until the price reduction was introduced.
7. For Goods that spoil quickly or have a short shelf-life, along with the reduced price information, the Seller displays the price at which the Good was sold before the price reduction, with the understanding that the time limits referred to in paragraphs 5 and 6 do not apply.
8. The Seller does not use third-party tools to fulfill the requirements regarding prices, promotions, and discounts and their presentation on the website and its subpages.
9. The Customer may choose from the following payment methods for the Goods ordered:
   1. electronic bank transfer – paid directly to the Seller’s account via the PayU system,
   2. payment by card, via the PayU card payment operator. Authorization and processing of personal data are carried out by the respective bank,
   3. cash on delivery – paid upon receipt of the Good. The Good will be released after payment is received upon delivery,
   4. installments – the Customer will be redirected to the PayU website to make the payment under the terms specified by the bank/service managing installment sales.
10. In the case of electronic payments, the Good will be dispatched after the Seller receives and credits the payment on its bank account. The same applies to fee-based Digital Content or Digital Services, if offered in the Store.
11. A receipt, i.e., a ticket or invoice (personalized or for a company, if company data is provided and the Customer requests an invoice in an effective manner) is issued for each Order in electronic form and is sent automatically to the Customer, to which the Customer hereby consents.
12. If the Customer needs an EU VAT invoice, they should contact the Seller providing their Order number and invoice details. In the case of an erroneous invoice, a corrective invoice will be issued.

§8A DELIVERY OF GOODS – COSTS, METHODS, AND DEADLINES

1. The Good will be shipped within 1 to 7 working days from the moment the Order is accepted for processing, except for custom-made products, for which the delivery time is between 7 to 30 days.
2. The Customer can choose from the following delivery methods:
   1. Parcel lockers,
   2. Courier delivery,
3. Deliveries are carried out within Poland and to countries from a predetermined list provided when entering the shipping address.
4. The Order will be delivered to the address specified in the Order Form.
5. Deliveries take place on working days, from Monday to Friday.
6. Delivery costs are provided at the moment of placing the Order and calculating the cart. The Customer can review these costs before placing the Order. The prices of the Goods do not include delivery costs, which are added according to the current price list of the Store and/or the service providers.
7. In the case of prepayment, the shipping time of the Good is counted from the day the Seller’s bank account is credited with the payment.
8. If the Customer chooses prepayment, they are obliged to immediately transfer the funds to the Seller’s bank account. If the funds are not received within 3 working days from the date the Order is placed (excluding Saturdays, Sundays, and other public holidays), the Order is canceled.
9. For cash on delivery – the Order fulfillment time is counted from the moment the Seller sends a confirmation email of the Order.
10. The day of payment is considered the day the payment is credited to the Seller’s bank account.
11. If the Good is returned to the Online Store by the carrier due to non-collection by the Customer, the Seller will contact the Customer via email to determine the reasons for non-collection. If there is no response within 7 days, the Seller will withdraw from the Agreement and refund the Customer’s payment, deducting the cost of returning the Good to the Seller and the delivery cost, unless free returns have been guaranteed by the Seller.
12. If the Good is re-shipped due to the Customer’s fault, this occurs after the Customer has paid the return, re-delivery costs, and possibly the price (in case the original cash on delivery option was chosen), without the possibility of selecting cash on delivery again. Prepayment should be made to the Seller’s bank account.
13. If the Good is delivered via a carrier to the destination, the Buyer is obliged to inspect the shipment within the customary period for such shipments. If the Buyer finds that loss or damage occurred during transit, they must take all necessary actions to determine the carrier’s liability and immediately notify the Seller of the damage.

§8B DELIVERY OF DIGITAL CONTENT OR DIGITAL SERVICES

1. The Seller delivers Digital Content or a Digital Service to the Customer immediately after the Agreement is concluded, unless otherwise expressly stated in the description or offer of the Digital Content or Digital Service. This primarily applies to the newsletter service available in the Store and to other services or content described in these Terms.
2. Digital Content is considered delivered when the Digital Content or the means to access or download it has been made available to the Customer, or to a physical or virtual device chosen by the Customer for that purpose, or when the Customer (or such device) accesses it.
3. A Digital Service is considered delivered when the Customer or a physical or virtual device chosen by the Customer for that purpose accesses it.
4. The Seller sends the Customer an email containing a clickable, active link to the Digital Content or Digital Service along with instructions, or provides instructions for downloading the Digital Content or Digital Service (for example, from the Customer’s Account) depending on the nature of the Digital Content or Digital Service and system capabilities. The Sales Agreement is concluded in Polish in a form consistent with these Terms.
5. If the Customer provides an incorrect or mistyped email, or fails to ensure the deliverability of the email according to these Terms, they are responsible for the non-delivery of the Digital Content or Digital Service Order. It is recommended that they contact the Seller to resolve the issue and ensure delivery.

§9 CHANGES AND UPDATES TO DIGITAL CONTENT OR DIGITAL SERVICES

1. During the period of providing the Digital Content or Digital Service, the Seller supplies the Customer with updates and informs them of the need to install them. The Customer should also periodically update the devices they use to ensure continued access to the Digital Content or Digital Service provided by the Seller. The Seller is not responsible for any non-conformity of the Digital Content or Digital Service with the Agreement solely due to a lack of updates, provided that:
   1. the Customer was informed about the update and the consequences of not installing it;
   2. failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Seller.
2. The Seller may make changes to the Digital Content or Digital Service that are not essential to maintain its conformity with the Agreement for the following justified reasons:
   1. technological changes related to the Digital Content or Digital Service,
   2. changes in law or adaptation of the Digital Content or Digital Service to legal requirements or other guidelines related to applicable law,
   3. stylistic changes that are not substantive but improve the quality of the Digital Content or Digital Service,
   4. changes in the Seller’s business operations, including the discontinuation or introduction of new services or Goods.
3. The Seller cannot make changes to Digital Content or a Digital Service that is provided as a one-off delivery.
4. The changes introduced by the Seller do not involve any additional costs to the Customer.
5. If the changes would significantly and negatively affect the Customer’s access to or use of the Digital Content or Digital Service, the Seller will inform the Customer in advance of the nature and timing of the change, as well as the right to withdraw from the Agreement without notice within 30 days from the date of the change or notification (if such notification occurs later than the change).
6. The Seller may provide the Customer with the right to retain the Digital Content or Digital Service in its unchanged state at no additional cost.
7. The Seller clearly and understandably informs the Customer about the changes being made, usually by sending an email to the Customer’s email address provided when placing the Order, with appropriate notice. The Customer is entitled to provide an alternative email address by contacting the Seller using the contact details given in these Terms.

§10 DIGITAL SERVICES – CONCLUSION OF THE AGREEMENT, CUSTOMER ACCOUNT, NEWSLETTER

1. Through the Store, the Seller provides the Customer with Digital Services in the form of enabling the Customer to conclude an Agreement with the Seller electronically. This service is provided free of charge as part of the price paid for placing the Order.
2. The Seller also provides the Customer with a newsletter service if the Customer has consented to it. Details regarding subscription, unsubscription, and other aspects are described in the Privacy Policy.
3. The Seller also offers a service for registering and maintaining an Account and providing the Customer with access to the Account via login, if the Customer chooses to create such an account. This service is provided as part of the price paid for the Good, Digital Content, or other Digital Service.
4. To create an individual Account, the Customer must meet the following requirements:
   1. access to the Internet,
   2. possession of an active email account, properly configured in accordance with the other requirements of these Terms,
   3. disabling ad blockers or similar plugins that may disrupt the proper functioning of the Store and its Digital Service.
5. To register an individual Account, the Customer should complete the registration form, accept these Terms, and then place an Order.
6. An email containing information about the Account creation and an activation link for setting a password will be sent to the Customer’s email address. By clicking the link and setting a password, the Account is created and the Customer can begin using it.
7. Creating an Account is not a mandatory requirement for placing an Order in the Store.
8. Upon successful registration, the Agreement for the provision of the free Digital Service (creation, management, and maintenance of the Customer Account) is concluded for an indefinite period.
9. The Customer logs into the Account using their email address or login and password. They may also generate a new password at any time if the previous one is forgotten or lost.
10. To ensure the security of the Customer and the transfer of data related to the use of the Store, the Seller takes technical and organizational measures to prevent the unauthorized acquisition and modification of personal data. These include, for example, antivirus usage, technical support, appropriate security measures for the tools used, and similar measures.
11. The Seller is not liable for any non-conformity of the Digital Service with the Agreement if the Customer was informed of the usage requirements prior to concluding the service Agreement and fails to meet those requirements.
12. The Seller takes steps to ensure the proper functioning of the service. The Customer has the right to inform the Seller of any irregularities or interruptions in the functioning of the Store.
13. It is prohibited to share Customer Account data with third parties or for a single User to create multiple Accounts.
14. In the case of Customers who are Consumers, the Seller may terminate the Digital Service Agreement regarding the Customer Account and delete the Account or revoke the right to place Orders at any time, with a 14-day notice period while preserving the rights acquired by the Customer prior to the termination.
15. In the case of Customers who are Consumers, the Seller may immediately terminate the Digital Service Agreement for the Customer Account and delete the Account or revoke the right to place Orders for valid reasons in the event of a significant and flagrant breach of these Terms, e.g., if the Customer uses the Store and Account in a manner contrary to the law or these Terms, in a way that is burdensome to other Customers or the Seller, copies the Seller’s Goods, Digital Content, or Digital Services, or makes them available to third parties without the Seller’s consent, provides false or inaccurate data, or attempts to breach the Store’s technical safeguards.
16. The Customer may terminate the Digital Service Agreement for the Customer Account at any time, with a 14-day notice period, or immediately for valid reasons.
17. Conversely, if the Customer withdraws from the Agreement, the Seller may prevent the Customer from further using the Digital Service (i.e., the Customer Account) by, for example, blocking access or disabling the Account.
18. If the Seller deletes the Customer Account, the Customer loses access to all resources previously available in that Account.
19. To delete the Account, the Customer may either delete the existing Account themselves or contact the Seller via email using the contact details provided in these Terms.
20. The Seller informs that deleting the Customer Account may hinder or prevent the Customer from using the Digital Service, e.g., tracking Order history.

§11A COMPLAINT PROCEDURE REGARDING GOODS

1. The Seller is liable to the Customer for any non-conformity of the Goods with the Sales Agreement, as well as in accordance with the provisions of the Consumer Rights Act.
2. The Seller is responsible for any non-conformity of the Good with the Agreement that exists at the time of delivery and is disclosed within two years from that moment, unless the Good’s shelf-life, as specified by the Seller, its predecessors, or their representatives, is longer.
3. The Seller may exchange the Good if the Customer requests repair, or repair the Good if the Customer requests an exchange, provided that bringing the Good into conformity with the Agreement in the manner chosen by the Customer is impossible or would incur excessive costs for the Seller. If repair or exchange is impossible or would incur excessive costs, the Seller may refuse to bring the Good into conformity with the Agreement.
4. In assessing whether the costs are excessive, all circumstances are taken into account, including the significance of the Good’s non-conformity, the value of a conforming Good, and the excessive inconvenience to the Customer resulting from the change or refusal to rectify the non-conformity.
5. If the Good is non-conforming, the Customer may submit a declaration to lower the price or withdraw from the Agreement when:
   1. the Seller has refused to bring the Good into conformity with the Agreement as per paragraph 3,
   2. the Seller has not rectified the non-conformity within a reasonable time after being informed by the Customer, without causing excessive inconvenience, considering the nature of the Good and the purpose for which it was purchased,
   3. the non-conformity persists despite the Seller’s attempts to rectify it,
   4. the non-conformity is significant enough to justify a price reduction or withdrawal from the Agreement,
   5. or it is clear from the Seller’s statement or circumstances that the Seller will not rectify the non-conformity within a reasonable time or without excessive inconvenience.
6. The Seller shall refund the amounts due to the Customer as a result of the price reduction immediately, but no later than 14 days from receiving the Customer’s declaration.
7. The Customer cannot withdraw from the Agreement if the Good’s non-conformity is minor. It is presumed that the non-conformity is significant.
8. The Seller shall repair or replace the Good within a reasonable time from when the Customer notifies the Seller of the non-conformity, without causing excessive inconvenience, taking into account the nature of the Good and the purpose for which it was purchased. The costs of repair or replacement, including postage, transport, labor, and materials, are borne by the Seller. The Customer shall make the Good available to the Seller for repair or replacement. The Seller will collect the Good from the Customer at its expense. A professional Entrepreneur must deliver the Good to the Seller at their own expense.
9. If the non-conformity pertains only to some of the Goods delivered under the Agreement, the Customer may withdraw from the Agreement only with respect to those Goods, or with respect to all Goods purchased together if it is unreasonable to expect the Customer to retain only the conforming Goods.
10. In case of withdrawal from the Agreement, the Customer shall immediately return the Good to the Entrepreneur at the Entrepreneur’s expense. The Entrepreneur shall refund the Consumer’s payment immediately, but no later than 14 days from receiving the Good or proof of its return.
11. The complaint must include information enabling the identification of the Customer (first and last name, correspondence address, email address), details of the complaint (e.g., type and date of the defect), and the claims related to the complaint. If the complaint is incomplete, the Seller will request the Customer to supplement it.
12. The complaint should be sent to the Seller’s email address provided in these Terms.
13. The Seller will respond to a complete complaint within 14 days from its receipt and will inform the Customer of further proceedings via the email address provided or by another agreed method.
14. The Seller will process the Customer’s personal data for the purpose of handling the complaint in accordance with the privacy policy.
15. The Customer may use the complaint form attached to these Terms or contact the Seller by telephone to report a complaint and obtain information on the complaint handling process.
16. For a Customer who is a Consumer or an Entrepreneur with consumer rights, the Seller bears the complaint costs, in particular, the costs of returning the Good to the Seller and re-delivering it to the Customer.
17. The Seller is responsible for any non-conformity of the Good with the Agreement that existed at the time of delivery and was disclosed within two years from that moment, unless the Good’s shelf-life, as specified by the Seller, its predecessors, or their representatives, is longer. It is presumed that the non-conformity, if revealed within two years from delivery, existed at the time of delivery unless proven otherwise or if such presumption is incompatible with the nature of the Good or the non-conformity. The Seller cannot rely on the expiry of the deadline if the non-conformity was deliberately concealed.
18. These provisions apply to both Consumers and Entrepreneurs with consumer rights.

§11B COMPLAINT PROCEDURE REGARDING DIGITAL CONTENT OR DIGITAL SERVICES

1. The Seller is liable for any non-conformity of the Digital Content or Digital Service provided in a single instance or in parts that existed at the time of delivery and was disclosed within two years from that moment, in accordance with the provisions of the Consumer Rights Act.
2. The Seller makes every effort to ensure that the Digital Content and Digital Services conform to the Agreement so that the Customer may use them as intended. To this end, the Seller clearly informs the Customer in these Terms of all essential requirements, including those on the Customer’s side.
3. If the Digital Content or Digital Service is non-conforming, the Customer may demand that it be brought into conformity with the Agreement.
4. The Seller may refuse to bring the Digital Content or Digital Service into conformity with the Agreement if doing so is impossible or would incur excessive costs for the Seller.
5. The Seller shall rectify the non-conformity of the Digital Content or Digital Service within a reasonable time from when the Seller is informed by the Customer, without causing excessive inconvenience, taking into account the nature and purpose of its use. The costs of rectifying the non-conformity are borne by the Seller.
6. If the Digital Content or Digital Service is non-conforming, the Customer may submit a declaration for a price reduction (if the service was fee-based) or withdraw from the Agreement when:
   1. rectification is impossible or would incur excessive costs,
   2. the Seller fails to rectify the non-conformity,
   3. the non-conformity persists despite the Seller’s attempts to rectify it,
   4. the non-conformity is significant enough to justify a price reduction or withdrawal without prior demand for rectification,
   5. or it is evident from the Seller’s statement or circumstances that the Seller will not rectify the non-conformity within a reasonable time or without causing excessive inconvenience.
7. The reduced price must remain proportional to the price stipulated in the Agreement, reflecting the ratio between the value of the non-conforming Good and that of a conforming Good.
8. The Customer cannot withdraw from the Agreement if the Digital Content or Digital Service is provided in exchange for payment and the non-conformity is minor.
9. After withdrawal from the Agreement, the Seller may not use any content other than the personal data provided or generated by the Customer during the use of the Digital Content or Digital Service, in accordance with the provisions of the Consumer Rights Act and its exceptions.
10. The Seller is not liable for the non-conformity of the Digital Content or Digital Service if the Customer’s digital environment is not compatible with the technical requirements clearly communicated by the Seller before the Agreement was concluded, or if the Customer fails to cooperate as reasonably required.
11. The complaint should include information enabling the identification of the Customer (first and last name, correspondence address, email address) and details of the complaint, and must be submitted via the designated method as set out in these Terms.

§12 WITHDRAWAL FROM THE AGREEMENT

1. A Customer who is a Consumer or an Entrepreneur with consumer rights is entitled to withdraw from the Agreement within 14 days without providing any reason, subject to paragraph 7.
2. The withdrawal period begins:
   1. from the moment the Good is received by the Customer or by a person designated by them, other than the carrier,
   2. from the moment the last Good/lot/part is received – in the case of multiple Goods delivered separately or in parts,
   3. from the moment the first Good is received – in the case of regular deliveries over a specified period.
3. To exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the Agreement through a clear statement (for example, via email or using the Store’s contact form). To meet the withdrawal deadline, it is sufficient for the Customer to send the notification before the withdrawal period expires.
4. An example of the withdrawal statement (form) is provided in the annex to these Terms. The Customer may use it, but it is not mandatory.
5. The Seller is obliged to refund all payments made by the Customer, including the delivery cost, without undue delay and no later than 14 days from the receipt of the Customer’s withdrawal statement.

§13 PROVISIONS CONCERNING PROFESSIONAL ENTREPRENEURS

1. The provisions of this section apply to Shop customers who act as professional entrepreneurs – as defined in these Terms.
2. In commercial transactions between entrepreneurs, the parties exclude the Shop’s liability for warranty claims in accordance with Article 558(1) of the Civil Code.
3. In the case of customers who are professional entrepreneurs, the Seller may terminate the contract for the provision of the electronic service – which includes maintaining the Customer Account – with immediate effect and without providing any reason, by sending the Customer an appropriate notice (also electronically to the email address provided during registration). This shall not give rise to any claims against the Seller.
4. The Seller is entitled to withdraw from the contract with a customer acting as a professional entrepreneur without stating any reason within 14 calendar days from the contract’s conclusion by sending the Customer an appropriate notice – also electronically to the email address provided at account creation. The details shall be agreed upon by the parties. :contentReference[oaicite:0]{index=0}
5. The consumer may use out-of-court dispute resolution procedures to settle complaints and enforce claims, for example:
   1. by contacting an established out-of-court consumer arbitration body,
   2. by contacting the provincial trade inspector to initiate a mediation procedure,
   3. or by obtaining free assistance from a local consumer mediator or a consumer protection organization (e.g., Consumers’ Association, Polish Consumer Federation).
6. Additional detailed information on out-of-court dispute resolution procedures and claim enforcement is available on the website http://www.uokik.gov.pl and at the offices or websites of the relevant consumer mediators, consumer protection organizations, or the provincial trade inspector.
7. The consumer may also use the ODR platform available at http://ec.europa.eu/consumers/odr, which is designed for the out-of-court settlement of disputes between consumers and entrepreneurs arising from online purchase or service contracts.
8. A dispute may be submitted to arbitration only if the complaint procedure has been completed and both parties consent to it; otherwise, any disputes will be resolved by the competent courts in accordance with the provisions of the Code of Civil Procedure.
9. The provisions of this section apply to both the consumer and entrepreneurs with consumer rights.

§14 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur with consumer rights is an entrepreneur who makes purchases in the Shop related to their business activity that are not of a professional nature – as evidenced by the nature of their business as provided by applicable law – in accordance with Articles 3855, 5564, 5565 of the Civil Code and Article 7aa of the Consumer Rights Act.
2. The provisions applicable to a customer acting as an entrepreneur with consumer rights are those that apply to consumers – including, for example:
   1. digital services provided electronically,
   2. the right of withdrawal for distance or off-premises contracts,
   3. contracts concerning the transfer of ownership of goods to the consumer,
   4. complaints and defect remedies for purchased goods.
   These rules apply in the limited scope set by law; in all other cases, the provisions for professional entrepreneurs shall apply. :contentReference[oaicite:1]{index=1}

§15 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

1. The goods, digital contents, and digital services offered in the Shop by the Seller—including all content, texts, logos, photographs, company names, trademarks, product logos, as well as digital contents or services from third parties and the overall design layout—may be considered works protected under the Copyright and Related Rights Act of February 4, 1994. They constitute the intellectual property of the Seller and/or third parties who are their respective owners or authors, and are provided solely for use within the Shop. The Customer acknowledges this by accepting these Terms.
2. If the Customer intends to use the goods, digital contents, or digital services, or any of the above elements, in a manner that contradicts the purposes or functions set out in these Terms, the Customer must first obtain the Seller's written consent.
3. The Customer agrees that their company logo may be published in the Seller’s customer list, thereby granting the Seller a non-exclusive, royalty-free, perpetual, and worldwide license to use the digital contents or services for business purposes – such as digital storage, reproduction, distribution in the Shop, on the Seller’s website, and on social media, as well as public performance, enabling access at any location and time chosen by the user.
4. The Seller grants the Customer a non-exclusive, non-transferable license – without the right to grant sublicenses – to use the digital contents or digital services. :contentReference[oaicite:2]{index=2}

§16 PERSONAL DATA AND COOKIES

In accordance with Article 13(1) and (2) of the GDPR (i.e., the 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) and the Personal Data Protection Act of 10 May 2018, you are hereby informed that:

1. The data controller for the processing of the Customer’s personal data is Ofertigo sp. z o. o., NIP: 7372240997, REGON: 52645899600000, hereinafter also referred to as the Seller. The Administrator acts as the Data Protection Officer. You may contact the Administrator using the following details: email: kontakt@xpets.pl, phone: 18 414 78 47, or in writing at the Administrator’s address.
2. The personal data provided by the Customer in the forms available on the Shop is processed on the basis of the contract concluded between the Customer and the Seller, which is entered into by accepting these Terms – pursuant to Article 6(1)(b) of the GDPR (necessary for the performance of the contract, e.g., to execute the Order and create the Customer Account) as well as for the subsequent maintenance of the Customer Account and associated customer service.
3. The Customer’s personal data may also be processed for the following purposes and on the following legal grounds:
   1. To issue an invoice and fulfill tax obligations – pursuant to Article 6(1)(c) of the GDPR (legal obligation);
   2. To process payment transactions via the electronic payment operator – pursuant to Article 6(1)(f) of the GDPR, if this is necessary to protect the Seller’s legitimate interests;
   3. To send promotional and informational materials, provided that the Customer has consented – pursuant to Article 6(1)(a) of the GDPR, subject to the Customer’s right to object.
4. The Seller uses cookies on the website to ensure functionality, collect usage statistics, and display personalized content as well as targeted advertising. More details can be found in our Privacy Policy and Cookie Policy.
5. The Customer has the right to request access to, correction of, deletion of, or restriction of the processing of their personal data, as well as the right to object to such processing. These rights may be exercised by contacting the Seller using the details provided in these Terms.

§17 ALTERNATIVE DISPUTE RESOLUTION AND CLAIM PROCEDURES

1. The Seller is willing to resolve any disputes arising from contracts concluded via the Shop for the delivery of goods through a mediation procedure. The specifics of such a procedure shall be agreed upon by the disputing parties.
2. The consumer has the option to use out-of-court dispute resolution procedures to settle complaints and enforce claims, for example:
   1. by contacting an established out-of-court consumer arbitration body,
   2. by reaching out to the provincial trade inspector to initiate a mediation process,
   3. or by obtaining free assistance from a local consumer mediator or a consumer protection organization.
3. The Seller is not obliged to publish reviews on the Shop and reserves the right to remove them if deemed justified. The Seller may also selectively publish reviews.
4. The Seller does not purchase, sponsor, or exchange reviews, nor does it commission third parties to publish false or distorted reviews or recommendations to promote the goods in the Shop. :contentReference[oaicite:3]{index=3}

§18 REVIEWS – OPERATION WITHIN THE STORE/WEBSITE

1. Within the Store, reviews of the Store’s Goods and/or services provided by the Seller may be displayed.
2. Reviews in the Store may appear in various parts and subpages: in the Good’s description, in a dedicated section for leaving reviews under a given Good, in a “Reviews” tab, or similar. They may also link to external tools or websites presenting customer reviews (e.g., Google Business, social media such as a Facebook fan page and its “Reviews” section, or websites like Opineo, Ceneo, etc.). They may also be presented in various formats, e.g., video, PDF, or as a written review with the customer’s image and details, with partial or no personal data.
3. Every customer of the Store has the option to leave a review of the purchased Good and thus consents to its publication within the Store and for purposes determined by the Seller.
4. The Seller makes every effort to ensure that the reviews displayed in the Store and on its subpages are genuine and come from actual customers of the Store. The Seller takes reasonable and proportionate measures, as set out in these Terms, to verify the authenticity of the reviews.

§19 DEFINITIONS, PROCEDURES, OBLIGATIONS, AND RIGHTS RELATED TO THE DSA

1. This section of the policy sets forth information regarding all limitations imposed by the Administrator in connection with the use of its services with respect to information transmitted by users – including, but not limited to, details about all policies, procedures, measures, and tools used for content moderation (including algorithmic decision-making and human review), as well as internal regulations regarding the complaints system, significant changes to the Terms of Use, and mechanisms for reporting illegal content. The Administrator provides this information and the Terms of Use in a clear and understandable form and organizes its internet services (and interfaces) in such a way that they do not mislead, manipulate, or otherwise restrict the user’s ability to make free and informed decisions.
2. The Administrator, within the meaning of the DSA, is regarded as a provider of intermediary services and offers the following:
   1. standard transmission services, and
   2. hosting services.
3. The intermediary services provided by the Administrator enable users to publish content as part of the service, such as comments, ratings, and reviews.
4. The Administrator also provides intermediary services through its social media profiles—for example on Instagram (https://www.instagram.com/xpets.pl/) or Facebook (https://www.facebook.com/profile.php?id=61573149004222)—by:
   1. allowing the posting of comments under posts,
   2. supporting the publication of posts,
   3. permitting the addition of ratings and reviews,
   4. enabling public chat messaging.
5. The definitions used in this section and in the Terms of Use are as follows:
   1. Administrator – as defined in §2(1) of the Privacy Policy and as an entrepreneur, i.e., a natural or legal person – regardless of whether public or private – who provides services in their own name (or through an authorized representative) as described in this section, including information society services within the scope of the service.
   2. Recipient – the customer, user, or any person who uses the intermediary services or other information society services (e.g., the service or the Administrator’s social media profiles), particularly for the purposes of obtaining or disseminating information.

§20 FINAL PROVISIONS

1. Agreements concluded via the online Store and the services provided are in Polish and governed by Polish law.
2. The Seller reserves the right to amend these Terms for valid reasons, such as changes in law, modifications to payment and delivery methods – insofar as these changes affect the implementation of these Terms, or technological changes. The new Terms come into effect on the date of publication on the Seller’s online platform on the Terms subpage.
3. For agreements concluded before any amendment, the version of the Terms in effect on the date of the Agreement applies.
4. If any provision of these Terms is found to be contrary to generally applicable law and prejudicial to consumer interests, the Seller declares the application of the specified provision.
5. Any disputes between the Seller and a Customer who is a Consumer, as defined in Article 221 of the Civil Code, will be resolved by the courts competent under the relevant provisions of the Code of Civil Procedure.
6. For matters not regulated in these Terms, the generally applicable provisions of Polish law apply, in particular: the Civil Code, the Consumer Rights Act, the Act on Providing Electronic Services, the Act on Combating Unfair Competition, the Act on the Protection of Personal Data, and the General Data Protection Regulation (GDPR).

Link to Privacy Policy: Privacy Policy and Cookies

Link to these Terms: Terms and Conditions

Link to the version of the Terms effective from 28.02.2024

Attention! These Terms have been prepared by the law firm #Legalny Biznes Online (legalnybiznesonline.pl). Do not copy them in whole or in part, as doing so will infringe copyright and expose you to claims. Please obtain your own legal license by contacting the law firm or using the legal shop at legalnybiznesonline.pl or legalnastrefabiznesu.pl. I operate legally because I care about my Customers, my image, and the highest quality of the services I provide for you!