The Regulations define the general terms, conditions, rules and form of sales by SafePet Krzysztof Nowakowski based in Gdynia, Poland through the online shop safepet.eu (hereinafter referred to as the "Online Shop") and define the rules and conditions for provision of free services by electronic means by SafePet Krzysztof Nowakowski based in Gdynia, Poland.
Working days - mean weekdays from Monday to Friday excluding public holidays.
Delivery - means a physical act of providing the Customer by the Seller, through the Supplier, with Products specified in the order.
Supplier - means Poczta Polska S.A. based in Warsaw which the Seller cooperates in Delivery of Products.
Customer - means a person to whom, according to the Regulations and laws, electronic services may be provided or with whom a contract of sale may be concluded.
Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to his or her business activity or profession.
Materials – contents and multimedia objects (e.g. information, data, graphics, pictures) including works within the meaning of the Act on copyright and related rights, as well as images of individuals provided by the Customer to be placed on the ordered Products.
Entrepreneur - means any natural person, legal person or organisational unit not being a legal person, having legal capacity by virtue of the law, running in his/her/its own name business or pursuing the profession.
Regulations – mean these regulations.
Seller – means: Krzysztof Nowakowski running a business under the company SafePet Krzysztof Nowakowski based in Gdynia (81-519), ul. Obrońców Westerplatte 9, tax identification number (NIP): 5862124168, National Business Registry Number (REGON): 221579820, entered in the Central Register and Information on Business Activity kept by the Ministry of Economy;
Shop Website - means web pages, under which the Seller runs the Online Shop, operating in the safepet.eu domain.
Product - means a product presented by the Seller via the Shop Website which can be a subject of the Contract of Sale.
Durable medium – means material or device enabling the Customer or the Seller to store information addressed personally to them in a manner allowing for access to such information for future reference for a period of time adequate for the purposes of information and allowing the unchanged reproduction of the information stored.
Contract of Sale – means a contract of sale concluded at a distance under the terms of the Regulations, by and between the Customer and the Seller.
General provisions and use of the Online Shop
All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos belong to the Seller, and may be used only as specified in and in accordance with the Regulations.
The Seller applies a mechanism of cookies, which - when the Customers use the Shop Website - are stored by the Seller's server on the hard disk of a Customer's terminal device(s). The use of "cookies" is intended to ensure correct operation of the Shop Website by the Customer's terminal device(s). This mechanism does not destroy the Customer's terminal device(s) and does not change the configuration of the Customer's terminal device(s) or software installed thereon. Each Customer can turn off the cookies in the browser of his/her terminal device(s). The Seller informs, however, that exclusion of cookies may cause inconvenience or prevent the use of the Shop Website.
To place an order in the Online Shop via the Shop Website and to take advantage of the Services available at the Shop Website, the Customer must have an active e-mail account.
The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices or the violating personal rights of third parties.
The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customer should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programmes and programmes protecting the identity of Internet users.
The Customer is not allowed to use the resources and functions of the Online Shop to conduct commercial activity or activity that would violate Seller's interests.
Information included in the Shop Website constitute the Seller's offer within the meaning of the Civil Code.
The Customer may place orders in the Online shop via the Shop Website on a 24-hour/7-day-a-week basis.
The Customer placing an order via the Shop Website compiles the order by selecting the desired Products. The Products are added to the order by selecting the ADD TO CART button under a given Product presented on the Shop Website. After compiling the whole order and identifying in the "CART" the manner of Delivery and the form of payment, the Customer shall place the order by sending an order form to the Seller, selecting on the Shop Website the "ORDER AND PAY" button. Each time before sending the order to the Seller, the Customer is informed about the total price for selected Products and Delivery, as well as about any additional costs the Customer is obliged to incur under the Contract of Sale.
The Customer may place an individual order, in which the Products will be made according to the Customer's specification or will serve to satisfy the Customer's individualised needs, in particular by define the Materials, such as pictures or text information to be posted on the Product.
After confirmation of the order, the Seller shall send information on acceptance of the order for execution to the e-mail address provided by the Customer, upon receipt thereof by the Customer, the Contract of Sale is concluded.
After conclusion of the Contract of Sale, the Seller confirms to the Customer the terms and conditions thereof by sending them on a durable medium to the Customer's e-mail address or in writing to the address provided by the Customer while placing the order.
Prices on the Shop Website presented next to a given Product are gross prices and do not include information regarding the costs of Delivery and any other costs which the Customer will be obliged to pay under the Contract of Sale, about which the Customer will be informed.
The Customer pays for the ordered Products by bank transfer via an external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxemburg (in such a case execution of the order shall be initiated after the Seller sends to the Customer confirmation of acceptance of the order and after receipt of information from the PayPal system about successful completion of payment).
The Customer should pay for the order in the amount resulting from the Contract of Sale within 14 Days.
If the Customer fails to make the payment within the deadline referred to in Article 4.3, the Seller shall rescind the Contract of Sale. In the event of expiry of the deadline for making the payment, the Seller shall send to the Customer on a Durable Medium a statement on rescission of the contract pursuant to Article 492 of the Civil Code.
The Seller shall execute the Delivery on the territory of the Polish Republic, Australia, Osterreich, France, Spain, Ireland, Canada, Germany, the United States, Great Britain, Italy, Netherlands.
The Seller shall deliver the Products constituting the subject of the Contract without defects.
The Seller shall publish on the Shop Website information on the number of Working Days needed to execute the Delivery and fulfil the order.
Ordered Product(s) shall be delivered to the Customer through the Supplier, to the address indicated on the order form.
The Customer shall examine the delivered Product(s) in the customary time and manner for shipments of that type in the presence of the Supplier's employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand from the Supplier's employee to draw up a relevant report.
In the event of absence of the Customer at the address specified by the Customer upon placing the order as the address of Delivery, the Supplier's employee shall leave an advice note or shall attempt to contact the Customer by phone to agree a time when the Customer will be present. If the ordered Product(s) is/are returned to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or phone to agree the time and cost of the re-Delivery.
The Seller ensures Delivery of Product(s) free of physical and legal defects. The Seller shall be liable towards the Customer if the Product has physical or legal defects (implied warranty).
If the Product is defective, the Customer may:
submit a statement on reduction of the price or rescission of the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a non-defective one or removes the defect. This limitation shall not apply if the Product has already been replaced or repaired by the Seller, or if the Seller failed to fulfil the obligation to replace the Product with a non-defective one or to remove the defect. The Customer may demand replacement of the Product with a non-defective one instead of removal of the defect proposed by the Seller, or demand removal of the defect instead of replacement of the Product, unless making the Product compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing if the costs are excessive, one shall take into account the value of the Product free from defects, the type and importance of the discovered defect, as well as the inconvenience experienced by the Customer in the event of other manner of satisfaction of the claim.
demand replacement of the defective Product with a nondefective one or removal of defect. The Seller shall replace the defective Product with a non-defective one or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to fulfil the Customer's demand if making the defective Product compliant with the Contract of Sale in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of making the Product compliant with the Contract of Sale. The cost of repair or replacement shall be incurred by the Seller.
The Customer exercising the rights under the implied warranty shall deliver the defective product to the Seller's address. If the Customer is a Consumer the delivery cost shall be incurred by the Seller.
The Seller shall be liable under the implied warranty if a physical defect is discovered before two years pass since release of the Product to the Customer. The claim for removal of defect or replacement of the Product with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before a time-limit specified in the first sentence. Within this time-limit the Customer may rescind the Contract of Sale or submit a statement on reduction of the price due to defect of the Product. If the Customer demanded replacement of the Product with a non-defective one or removal of the defect, the time-limit for rescission of the Contract of Sale or submission of the statement on reduction of the price shall start running upon expiry of the time-limit for replacement of the Product or removal of the defect.
Any complaints related to the Product(s) or performance of the Contract of Sale may be submitted by the Customer in writing to the Seller's address.
The Seller shall within 14 days from the date of demand containing the complaint express his opinion on the complaint regarding the Product(s) or performance of the Contract of Sale submitted by the Customer.
The Customer may file a complaint to the Seller in connection with free electronic services provided by the Seller. The complaint may be sent in an electronic form to the address email@example.com. In the complaint the Customer shall include a description of the problem. The Seller shall immediately, however not later than within 14 days, consider the complaint and respond to the Customer.
Rescission of the Contract of Sale
The right to rescind the Contract of Sale is not vested in the Customer being a Consumer as regards contracts in the case of which the Product is a non-prefabricated good made to the Consumer’s specifications or serving to satisfy the Consumer's individualised needs.
The Seller renders the following free electronic services to Customers:
Profile of an animal.
The services specified in Article 8.1 above shall be provided 24 hours a day, 7 days a week./li>
Free electronic service Profile consists of creating an animal by the Seller on the Website Store pages containing data of an animal belonging to the customer placing the order and your contact information, in case the information was given in the course of the order. Service Agreement is concluded immediately after placing the order, which customer is informed confirmation sent via email to the address specified when ordering.
The Customer may at any time resign from "Profile of an animal" by sending a message to the Seller.
The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations.
Personal data protection
The Seller shall be a controller of Customer personal data voluntarily provided to the Seller under placing a single order, and within the provision of electronic services by the Seller or in other circumstances specified in the Regulations.
The Seller processes Customer personal data for the purposes of fulfilment of orders, provision by the Seller of services by electronic means, and other purposes specified in the Regulations. Data are processed only pursuant to the provisions of law or the consent expressed by the Customer in accordance with the legal provisions in force.
The set of personal data provided to the Seller shall be reported by the Seller to the Inspector General for Personal Data Protection.
The Customer shall voluntarily submit his/her personal data to the Seller provided, however, that non-submission of specific data in the process of order shall prevent submission and fulfilment of the Customer order.
Anyone who transfers his/her personal data to the Seller shall have the right of access to their content and the right to correct it.
The Seller shall allow to remove personal data from the data set. The Seller may refuse to remove personal data if the Customer fails to pay all amounts owed to the Seller or violates applicable law, and keeping the personal data is necessary to explain the circumstances and determine the liability of the Customer.
The Seller shall protect the transferred personal data and shall make every effort to secure them against unauthorised access or use.
The Seller shall transfer the Customer's personal data to the Supplier in the scope necessary for execution of Delivery.
Termination of the contract (not applicable to Contracts of Sale)
Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other Party before termination of the above-mentioned agreement and the provisions below.
The Customer, who has registered, may terminate the contract for the provision of electronic services by demanding the Seller to remove the Customer Account, using any means of distance communication, allowing the Seller to become acquainted with the Customer's declaration of intent.
The Seller may terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during placing the order.
The Seller shall be liable for non-performance or improper performance of the contract but, in the case of contracts with Customers being Entrepreneurs, the Seller shall be liable only for deliberate damage and within the limits of losses actually incurred by the Customer being the Entrepreneur.
The contents of these Regulations may be recorded by being printed, copied to a storage device or downloaded at any time from the Shop Website.
In the event of a dispute related to the concluded Contract of Sale, the parties shall seek to resolve the matter amicably. The Polish law shall be applicable to settlement of any disputes arising under these Regulations.
Every Customer may use non-judicial complaint and redress mechanisms. The Customer may use mediation in this scope. Lists of permanent mediators and existing mediation centres are provided and made available by the Presidents of competent regional courts. The Customer who is a consumer can also use extrajudicial methods of complaint and redress. This is possible by giving the consumer a complaint via the EU's Internet platform ODR available at: http://ec.europa.eu/consumers/odr/
The Seller reserves the right to amend these Regulations. All orders accepted by the Seller prior to entry into force of the new Regulations shall be delivered based on the Regulations in force at the date of placing the order by the Customer. The amended Regulations shall enter into force within 7 days from the date of publication thereof on the Shop Website. The Seller shall inform the Customer 7 days before entry into force of the new Regulations about the amendment to the Regulations by email, including a link to the contents of the amended Regulations. If the Customer does not accept the new contents of the Regulations, the Customer shall notify the Seller about this fact, which shall result in termination of the contract in accordance with the provisions of article Article 10.
The Regulations shall come into force on 25.05.2018.