TERMS AND CONDITIONS OF THE UKLOU ONLINE STORE
The seller is Andrzej Urban, who conducts business under the company Andrzej Urban Urban Doog with its registered office in Krakow, at ul. Kwartowa 3/26, entered in the Central Register and Information on Economic Activities conducted by the Minister responsible for the economy; TAX ID: 7952439362; REGON; 381213634; VAT number; PL7952439362
Contact with the Seller and how to communicate:
• by phone; phone number: +48609352999
• by e-mail; e-mail address: firstname.lastname@example.org
• by post; local address for delivery: ul. Kwartowa 3/26 Kraków 31-419
§ 1. DEFINITIONS
Order Processing Time - the time during which the order is completed and then issued to the carrier in order to deliver the Goods to the address indicated by the Customer; The Delivery Time does not include the delivery time (the time between the seller's delivery of the Goods to the carrier and its delivery to the Customer);
Working days - means the days of the week from Monday to Friday (excluding public holidays);
Customer - an entity with full legal capacity, which, under the conditions indicated in the Regulations, makes an Order in the Online Store and on behalf of which electronic services are provided;
Shopping Cart – an integral part of the Online Store and purchasing system, in which the Customer approves the terms of the Order, i.e. the type and quantity of Goods, data for delivery or invoice, method of payment; Terms and Conditions – these terms and conditions of the Online Store;
Online Store – an online service available at the address www.uklou.pl using which the Customer can in particular place an Order for available Goods;
Goods – a product indicated in the Online Store, which may be the subject of the Sales Agreement; the essential characteristics of each Item are made available on the store's assigned subpage; the image of the Goods presented on the pages of the Online Store is a visualization of its actual appearance and is of an informative nature;
Sales Agreement – a contract for the sale of Goods within the meaning of the Act of April 23, 1964 – Civil Code, concluded in accordance with the provisions of the Regulations between the Seller and the Customer, through the Store's sales system; Order – a statement of the Customer's will leading directly to the conclusion of the Sales Agreement, indicating its essential terms and conditions.
§ 2. GENERAL PROVISIONS
• These Terms and Conditions set out the rules for the use of the Online Store, in particular the conditions for placing and modifying the Order, making payments and other rights and obligations of the Customer and the Seller.
• Through the Online Store is conducted in the territory of the Polish and retail sale of Goods, in particular dog accessories, via the Internet. The Online Store also provides free services provided electronically, in particular in the form of sharing the functionality of the Store, including an interactive order form.
• These Terms and Conditions are made available free of charge before the conclusion of the contract on the Website of the Online Store, as well as - at the customer's request - in such a way that it allows the user to obtain, reproduce and record the content of the Regulations using the IT system.
• If you wish to use the Services of the Store, you must read these Terms and Conditions in advance.
• The information contained in the Online Store is not an offer within the meaning of the Act of 23 April 1964 - Civil Code, but constitutes an invitation to conclude a contract.
• In order to use the Online Store and fulfill the Order, the following minimum technical requirements must be met:
• a device with internet access
• active e-mail account
• Recommended minimum screen resolution of 1024x768 pixels.
• The Customer is prohibited from providing content prohibited by law, including infringing personal property and other rights of third parties; acting in a manner that violates the law or to circumvent the law, as well as contrary to the principles of social coexistence or morality; use the Online Store in a way that interferes with its functioning or disrupts the Seller and other Customers.
• The seller shall ensure the protection of electronic communications and digital content by means of technical and organisational measures to protect them, in particular data against their acquisition by unauthorized persons, including through SSL encryption, access passwords or anti-virus programs, and against unwanted software. At the same time, the Seller indicates that the use of the Internet and services provided electronically may be at risk of access to the INFORMATION SYSTEM and the device of the user of the malware, as well as unauthorized access to the Customer's data, including personal data, by third parties. In order to minimize these risks, the Customer should apply appropriate technical safeguards, e.g. using anti-virus or anti-virus programs that protect the user's identification on the Internet.
• Contracts are concluded in accordance with Polish law and in Polish.
§ 3. ORDER
• Orders can be placed electronically through the Store's sales system, 24 hours a day, 7 days a week throughout the year, provided that they are processed on Weekdays.
• The Customer prepares the Order by virtual addition of Goods to the Shopping Cart. When you add items effectively, the Shopping Cart tab changes the Items indicator in the Orders list, which you can freely modify. After confirming the selection of the Goods, the Customer indicates in the Order form his data, address for the shipment, form of shipment and method of payment for the Order. After completing the Order, the Customer approves it and sends it to the Seller by activating the "I confirm purchase" button.
• Each time, before sending the Order to the Seller, the Customer is indicated a summary of the Order in order to confirm it, i.e. the total amount and details of the Order.
• During the ordering process, until the "I confirm purchase" button is activated, it is possible for the Customer to detect and correct errors in the Order and modify it, through the sales system of the Online Store.
• After that, the Customer may change the Order, in particular correct errors in the entered data, until the shipment with the Goods is sent through direct, immediate (telephone or e-mail) contact with the Seller.
• When placing an Order, the Customer submits an offer to the Seller to conclude a Sales Agreement of the Goods of his chosen place, under the conditions indicated by him in the Order. The conclusion of the Sales Agreement takes place by accepting this offer by the Seller, when the Customer receives confirmation of the terms of the Order, sent by the Seller in an electronic message to the e-mail address provided by the Customer in the Order.
• The order is effective if the Customer correctly fills in the Order form and correctly provides contact details, including the correct address to which the Goods are to be sent.
• The delivery time of the Order of the Goods is up to 60 Days. Execution of the Order begins: • bank transfer – after the payment has been posted by the Seller,
• other – after confirmation received by the Seller from the payment operator.
• After the above-called Order Processing Time, the Goods are issued to the carrier.
• The preservation, securing and sharing of the content of the Agreement takes place through the Store's sales system and is attached to the Shipped Goods. The customer who placed the Order will be provided with a digital document confirming the conclusion of the Agreement.
§ 4. PRICES AND RESTRICTIONS OF PAYMENTS
• The prices listed on the website of the Online Store are gross prices (including all duties and taxes, including VAT), are expressed in Polish zlotys and do not include shipping costs. The total price of the Order is calculated according to the choices made by the Customer in the Order form, according to the rates indicated in the order summary.
• The cost of shipping the Goods is paid by the Customer. This cost is calculated on the basis of the delivery prices indicated in the Order form and is added to the order amount in the summary, after the Customer has selected the delivery option.
• The binding price is indicated in the order summary at the time it is sent to the Seller.
• The due date is 5 (five) days. The customer can choose one of the following payment methods (the payment method is limited to these forms): • payment on personal collection;
• Przelewy24 service is one of the many websites of the Poznań DialCom24 Group, within which PayPro SA - Settlement Agent - operates an authorization and settlement system based on the decision of the President of the National Bank of Poland No. 1/2011 of 1.04.2011. and provides payment services as a national payment institution on the basis of a decision of the Financial Supervision Commission of 10.06.2014, entered in the register of payment services together with DialCom24 Sp. z o.o - Payment Agent - under the number IP24/2014 (available on https://erup.knf.gov.pl/View/). The activities of PayPro SA as a National Payment Institution are subject to the supervision of the Financial Supervision Authority.
• bank transfer through an external payment system PayPal, operated by PayPal (Europe) S.a r.l. & Cie, S.C.A. with its registered office in Luxembourg;
• transfer to the Seller's bank account (details are given in the order confirmation).
• For each Sold Goods, a sales document is issued in the form of a fiscal receipt or VAT invoice, at the customer's request.
• Prices quoted in the Online Store are subject to change (e.g. as part of a promotional campaign or sale of Goods). The terms of the Order are not subject to change in relation to the Customer who made the offer in the manner indicated in § 3. regulations, before making a price change.
§ 5. SHIPPING
• Shipments are delivered in the manner chosen by the Customer from among the options provided by the Seller. Delivery of the Goods is limited to the forms indicated in the Order form.
• The condition for the delivery of the Goods is the payment of the amount of the order value, unless the Customer has chosen to pay "on delivery". • The goods are sent to the address indicated in the Order form. The Seller will contact the Customer immediately if the poorly completed form prevents effective delivery of the Order.
• The delivery time of the Order in the Polish takes up to 7 (seven) Business Days, calculated from the moment of completing and placing the Order by the Seller.
• If, prior to shipment, it is found that the shipment has suffered loss or damage, the carrier is obliged to determine immediately the condition of the shipment and the circumstances of the damage. The carrier should also do so at the customer's request if he claims that the shipment is tampered with. The danger of accidental loss or damage to the Goods passes to the Customer upon its release.
§ 6. WITHDRAWAL FROM THE CONTRACT
• A consumer who has concluded a distance contract may withdraw from it without giving any reason by making a written declaration within 14 (fourteen) days from the date on which the Consumer took possession of the goods or a third party designated by him. If the consumer has made a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to bind.
• In order to comply with this deadline, it is sufficient to send a statement before its expiry. The Customer may use the model declaration of withdrawal from the contract, which is annexed to these Regulations and attached to the Goods.
• In case of withdrawal from the Agreement, the Seller shall reimburse the Consumer for all payments received, including the costs of delivery of the goods (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by us), without delay, and in any case no later than 14 (fourteen) days from the date on which the Seller was informed of the decision to exercise the right of withdrawal from this Agreement.
• The Consumer is obliged to return the Goods to the Seller immediately, but no later than 14 (fourteen) days from the date on which he withdrew from the contract. In the original packaging. In order to meet the deadline, it is sufficient to return the Goods before its expiry. • The Consumer is responsible for the decrease in the value of the Goods resulting from the use of the Goods in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
• The right of withdrawal from the contract is not vested in the Consumer in respect of m.in. for the provision of services if the trader has fully performed the service with the express consent of the consumer, who was informed before the start of the service that, once the supply has been performed by the trader, he will lose the right to withdraw from the contract in which the object of the supply is a non-prefabricated item, manufactured to the consumer's specifications or intended to meet his individualised needs, in which the subject matter of the supply is a matter of rapid spoilage or having a short shelf life , in which the subject matter of the supply is goods which, by their very nature, are inseparable from other things, for the supply of digital content which is not recorded on a tangible medium, where the performance of the supply has commsoned with the express consent of the consumer before the expiry of the withdrawal period and after the trader has informed him of the loss of the right of withdrawal.
• The direct costs of sending the Goods back to the Seller in the event of withdrawal from the distance contract shall be borne by the Consumer.
§ 7. COMPLAINT
• The Seller is obliged to deliver the Goods to the Customer without defects. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty). The consumer is entitled to a warranty in the form of removing the defect, replacing the goods with a defect-free one, lowering the price or withdrawing from the Contract.
• Only Consumers are entitled to the complaint. The Parties, the Non-Consumer Customer and the Seller, exclude the warranty for defects among themselves.
• Complaints must be submitted to the postal address indicated in the Contact. In order to facilitate the complaint procedure, the advertised Goods must be delivered together with proof of purchase and complaint. • The Seller will respond to the Consumer's request within 14 (fourteen) days.
• The complaint procedure applies accordingly to the services provided electronically by the Seller.
• The consumer can also use out-of-court means of dealing with complaints and redress by submitting his complaint via the EU's ODR online platform, available at: http:// ec.europa.eu/consumers/odr/ •
§ 8. AMENDMENT OF THE REGULATIONS
• The Seller may amend these Terms and Conditions for important reasons, in particular legal or technical reasons. • Customers will be informed about the change of the Terms and Conditions and the reason for such change in the message displayed on the home page 14 days before its entry into force.
• The Customer again accepts or refuses to accept the provisions of the Regulations.
• Orders placed before the entry into force of the amendments to the Regulations are carried out in accordance with the existing content of the Regulations.
§ 9. FINAL PROVISIONS
• In matters not regulated by these Regulations, the provisions of general law, in particular the Act of 23.4.1964 - Civil Code and the Act of 30.05.2014 - on consumer rights apply.
• All materials, including graphics, the composition of these elements, trademarks and other materials available in the Online Store, are subject to exclusive rights, in particular, are subject to copyright and industrial property protection. The use of materials made available in the Online Store in any form requires the seller's consent at all time
• In the event of a dispute with the Seller, the Customer is entitled to apply to the permanent consumer arbitration court acting at the Trade Inspection to settle the dispute resulting from the concluded Sales Agreement. The consumer may also request mediation or arbitration (alternative dispute resolution methods known as ADR). For this purpose, a request for mediation or a request for arbitration must be submitted to the Seller, depending on the consumer's will. If the dispute concerns a defect of the Goods, please note that the use of ADR is possible after the completion of the complaint process with the Seller. Detailed information on access to these procedures shall be available from the authorities managing them. In other cases, the rules laid down in the Code of Civil Procedure should be followed when determining the territorial jurisdiction of a court. Disputes arising between the Seller and the Customer, who is not at the same time a Consumer, are subject to the court competent for the seller's registered office. Date of publication of the Regulations: 20.02.2019
Annex MODEL WITHDRAWAL FORM (this form must be completed and sent back only if you wish to withdraw from the contract)
I, undersigned_______ [consumer name] hereby inform you of my withdrawal from the contract of sale of the following Goods: ________
•Item receipt date ________________
• Administrator of personal data The Administrator of your personal data (hereinafter referred to as: The Administrator) is Andrzej urban Urban Doog ul. Kwartowa 3/26 , 31-419 Kraków, NIP:7952439362 , e-mail: email@example.com
Scope and purposes of data processing
Until. The scope of data collected includes: name, e-mail address, telephone number, bank account number, delivery address including: street, zip code, city, country. The scope depends on the type of service chosen by the User.
B. Purposes of data processing: - conclusion and performance of the contract of sale of products - providing contact with the user, responses to inquiries - issuing invoices and accounting activities - protection against claims under the sales contract, complaint service - exercise of warranty rights; - the operation of the newsletter, if you have given your separate consent - carrying out promotional campaigns - ensuring the security of the services provided - statistical, archiving
• The legal basis for the processing of your data is processed on the basis of the following provisions: a. Art. 6 para. 1 lit. and GDPR – the data subject has consented to the processing of his/her personal data for one or more purposes; b. Article 6(1)(b.b GDPR – processing is necessary for the performance of the contract or for taking action at the request of the data subject before the conclusion of the contract; c. Article 6(1)(f) GDPR – processing is necessary in order to comply with a legal obligation incumof the controller. • Recipients of personal data, access of third parties your personal data may be shared by the following entities: accounting companies, courier companies and companies operating payment systems and IT systems. These entities process data on the basis of a contract with us. We do not transfer your data outside Polish/EU/European Economic Area.
• Duration of storage of personal data
a. Your personal data will be stored for the duration of the contract, and after its expiry for the period necessary for: after-sales customer service (e.g. handling of complaints), securing or pursuing possible claims to the Administrator, fulfilling the legal obligation of the Administrator resulting, for example, from tax or accounting regulations.
B. Personal data processed on the basis of separate consent (e.g. consent to receive the newsletter) will be stored until its cancellation.
• Rights of the data subject You have the right to access and receive a copy of your data, the right to rectification of your data, the right to erasure, the right to restrict data processing, the right to object to the processing of data, the right to data portability, the right to lodge a complaint with a supervisory authority (the President of the Office for Personal Data Protection) and the right to withdraw consent to the processing of personal data.
• Data security The data controller takes care of the security of the data provided in accordance with the requirements of the GDPR and other applicable laws. The data processed is particularly protected and protected against unauthorized access. The controller shall take technical and organisational measures to ensure the protection of the data processed appropriate to the risks and categories of data protected.
1. The Service does not automatically collect any information, except for the information contained in cookies.
2. Cookies (so-called "cookies") are computer data, in particular text files, which are stored in the end device of the Website User and are intended for the use of the Website. Cookies usually contain the name of the website from which they originate, the duration of their storage on the end device and a unique number.
3. The entity placing cookies on the Website User's end device and gaining access to them is the operator of the www.uklou.pl
4. Cookies are used to:
a) adapting the content of the Website to the User's preferences and optimizing the use of websites; in particular, these files allow to recognize the Device of the Website User and display the website accordingly, adapted to his individual needs;
b) create statistics that help to understand how the Website Users use the websites, which allows to improve their structure and content;
c) maintaining the Session of the Service User (after logging in), thanks to which the User does not have to re-enter the login and password on each subpage of the Website.
5. Within the Service, two main types of cookies are used: "session cookies" and "persistent cookies". Session cookies are temporary files that are stored on the User's end device until the user logs out, leaves the website or disables the software (web browser). "Persistent" cookies are stored in the User's end device for the time specified in the parameters of cookies or until they are deleted by the User. 6 The following types of cookies are used within the Website:
a) "necessary" cookies, enabling the use of services available within the Service, e.g. authenticating cookies used for services requiring authentication within the Service;
b) cookies used to ensure security, e.g. used to detect abuses of authentication within the Service;
c) "performance" cookies, enabling the collection of information about how you use the Website;
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