This translation is provided for information purposes only. The Polish version of this document is binding.
These Terms and Conditions set out the rules for using the Seller's online shop, in particular for placing orders and purchasing Goods from the Seller's offer, the rules for performing concluded Sales Contracts, as well as the rights and obligations of the parties to the contract and the rules for submitting and handling complaints.
§1. Seller
4ZOO spółka z ograniczoną odpowiedzialnością, with its registered office in Puławy 24-100 at ul. Piłsudskiego 61, entered in the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy, KRS) kept by the District Court for Lublin-Wschód in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register, under KRS number 0000822115, tax identification number (NIP) 7162828313, statistical number (REGON) 385210934, share capital 5 000,00 zł (hereinafter: the Seller, the Service Provider).
Seller's contact details:
- Online shop address: sytamicha.pl
- Correspondence address: Brzozowa Gać 145, 24-170 Kurów
- Email address: [email protected]
- Address for complaints and returns: Brzozowa Gać 145, 24-170 Kurów
- Contact telephone: +48 732 070 072
- Bank account number: 52 1600 1462 1893 9997 6000 0001 (PLN, BNP Paribas Bank Polska S.A.)
§2. Definitions
1. Terms used in the Terms and Conditions:
- Subscription - a service of recurring delivery of Goods at an interval chosen by the Buyer, paid automatically before each delivery;
- Working days - days from Monday to Friday, excluding public holidays within the meaning of the Act of 18 January 1951 on public holidays (ustawa o dniach wolnych od pracy);
- Contact form - a form made available on the Online Shop website for sending messages to the Seller;
- Registration form - an Electronic Service, an interactive form enabling an Account to be created;
- Order form - an Electronic Service, an interactive form used for placing orders, specifying the method of delivery and payment and transmitting this information to the Seller;
- Discount code - a string of characters entitling the holder to a price reduction on the terms specified when it is issued;
- Civil Code, CC - the Act of 23 April 1964, the Civil Code (Kodeks cywilny);
- Consumer - a natural person performing a legal transaction with a business that is not directly related to their business or professional activity, within the meaning of Article 22(1) of the Civil Code;
- Account - an Electronic Service meaning a separate set of resources associated with a single Buyer, identified by an individual login and password;
- Buyer - a natural person, a legal person or an organisational unit without legal personality to which the law grants legal capacity;
- Newsletter - an Electronic Service enabling subscription to and receipt of commercial information from the Seller;
- Personal collection - collection of the Goods in person at the Seller's address indicated in §1, by prior arrangement, unless otherwise agreed - between 10:00 and 18:00 on Working days;
- Review - an assessment of Goods or of a purchase given by the Buyer and published in the Online Shop;
- Product - goods, a property right or a service made available by the Seller for purchase and being the subject of a Sales Contract;
- Loyalty programme - a voluntary programme rewarding the Buyer's activity in the Online Shop, described in §15;
- Entrepreneur - an entity conducting business activity in its own name and using the Online Shop;
- Terms and Conditions - these terms and conditions;
- Online Shop - the website available at the address indicated in §1, owned by the Seller;
- Goods - a movable item being the subject of a Sales Contract;
- Digital content - data produced and supplied in digital form, including digital services made available in the Online Shop;
- Sales Contract - a contract for the sale of Goods concluded between the Seller and the Buyer;
- Electronic Service - a service provided by electronic means without the simultaneous presence of the parties;
- Service Recipient - an entity using the Electronic Services.
§3. Preliminary provisions
1. Through the Online Shop, the Seller sells the Goods available in its offer, enabling them to be purchased at a distance.
2. These Terms and Conditions are addressed to Buyers who are consumers and to natural persons concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for them.
3. Sales to entrepreneurs for whom the purchase is of a professional nature are conducted on the basis of the separate B2B Terms of Sale. The provisions of these Terms and Conditions concerning consumer rights do not apply to them.
4. The rights and information concerning consumers contained in §8-§10 apply to a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, arising in particular from the subject of the business activity they conduct, as disclosed on the basis of the provisions on the Central Register and Information on Economic Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej, CEIDG).
§4. Information on goods and prices
1. The prices of Goods shown in the Online Shop:
- are given in Polish zloty and, where display in a foreign currency is enabled, also in that currency, the settlement currency being the Polish zloty unless expressly indicated otherwise;
- include VAT;
- do not include delivery costs.
2. The Seller does not use mechanisms for individual price personalisation based on automated decision-making.
3. Where the price of Goods is reduced, the Seller indicates, next to the information about the reduced price, the lowest price of those Goods that applied during the 30 days before the reduction was introduced. If the Goods have been offered for sale for less than 30 days, the Seller indicates the lowest price applicable from the day on which the Goods were first offered until the day the reduction was introduced.
4. The prices of Goods may change, in particular in connection with promotional campaigns and sales being carried out or cancelled. A change in prices does not affect orders placed before the change.
5. Discounts, coupons and discount vouchers granted cannot be combined or exchanged for cash, unless their terms expressly provide otherwise.
6. The information on the availability of Goods presented in the Online Shop is indicative and is updated on an ongoing basis. It does not constitute an assurance as to the properties of the Goods.
§5. Conclusion of the Sales Contract
1. The subject of the Sales Contract is the Goods selected by the Buyer from the Online Shop's offer.
2. The Buyer declares that they have the legal capacity to conclude the Sales Contract and, when acting in the name and on behalf of a third party, that they hold the appropriate authorisation.
3. By submitting the Order form, the Buyer makes an offer to purchase the indicated Goods. Placing an order requires reading and accepting these Terms and Conditions and confirming the intention to conclude the contract by means of the "Order and pay" button or a button with equivalent wording indicating an obligation to pay.
4. The Seller confirms that the order has been placed to the email address indicated by the Buyer.
5. The Seller confirms acceptance of the offer and forwarding of the order for fulfilment to the email address indicated. The Sales Contract is concluded when the Buyer receives the confirmation of acceptance of the offer.
6. The prices of Goods given in the Online Shop are gross prices and are expressed in Polish zloty.
7. The prices of Goods do not include delivery costs, information on which is provided before the Buyer expresses the intention to be bound by the Sales Contract.
§6. Payment
1. The Seller enables payment by means of:
- BLIK,
- fast online bank transfer (pay-by-link),
- payment card (Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro),
- Google Pay and Apple Pay digital wallets,
- traditional bank transfer to the Seller's bank account,
- payment on personal collection,
- cash on delivery - where available for the given order.
2. Electronic payments are handled by external payment service providers:
- Krajowy Integrator Płatności S.A. (Tpay), with its registered office in Poznań,
- PayPro S.A. (Przelewy24), with its registered office in Poznań,
- Stripe Payments Europe Ltd., with its registered office in Dublin,
- Elavon Financial Services DAC (Branch in Poland) - settlement of card transactions.
BLIK payments are made on the basis of the system operated by Polski Standard Płatności sp. z o.o., with its registered office in Warsaw, through the providers indicated above.
The provider handling a specific order is indicated while the order is being placed. The Seller publishes an up-to-date list of available payment methods on the Delivery and Payment page.
3. The Seller provides information on the forms of payment available for a given order on the Online Shop website on each occasion.
4. Where funds must be refunded for a transaction made by payment card, the Seller makes the refund to the bank account linked to the Buyer's payment card.
5. Where a payment method other than cash on delivery is used, the Buyer is obliged to pay within 7 days of the date of conclusion of the contract. In the case of cash on delivery, the Buyer pays on receipt of the parcel.
6. The Buyer may voluntarily add a tip for the Seller's team to the order. The tip is a voluntary payment, does not form part of the price of the Goods and is refundable on general terms in the event of withdrawal from the contract.
7. A Consumer is obliged to make payments through a payment account if the single value of a transaction with an entrepreneur exceeds PLN 20,000 or the equivalent of that amount.
§7. Delivery of Goods
1. The Seller delivers within the territory of the Republic of Poland. Delivery to other Member States of the European Union is possible where such an option has been made available in the Order form for the given Goods and address; the cost and time of such delivery are stated before the order is placed.
2. Unless indicated otherwise, delivery of the Goods is subject to a charge. Delivery costs are borne by the Buyer. Once the order value threshold indicated in the Online Shop is exceeded, delivery is free of charge.
3. Delivery is carried out by carriers and postal operators with which the Seller cooperates. When placing an order, the Buyer chooses from the available delivery methods, including delivery to a pick-up point or a parcel locker.
4. The Seller sends the Goods to the address indicated by the Buyer. The Buyer is obliged to provide true and complete address details.
5. The time for dispatching the Goods is 30 days, unless a shorter time is stated on the Goods page or in the order summary. Where Goods with different delivery times are purchased in one order, the delivery time for the entire order is the longest time stated.
6. The time referred to in paragraph 5 runs, in the case of payment by bank transfer, electronic payment or payment card, from the day the Seller's account is credited, and in the case of cash on delivery, from the day following the day the Sales Contract is concluded.
7. Delivery costs are calculated on the basis of the scope of the order and are communicated to the Buyer before the order is placed. Shipping prices include VAT.
8. Personal collection and the supply of Digital content are free of charge.
9. A change by the Buyer of the method or terms of delivery after the order has been placed but before the Goods have been dispatched may require payment of the difference in the delivery cost. Any difference in the Buyer's favour is refunded without delay.
10. A change in the method or terms of delivery made after the parcel has been dispatched, where the carrier offers such an option, may involve additional costs in accordance with the carrier's price list, which are borne by the Buyer.
§8. Lack of conformity of goods with the contract - complaints procedure for consumers
1. Where the Goods are not in conformity with the contract, the Consumer has the right to lodge a complaint on the basis of the provisions on lack of conformity of goods with the contract.
2. The Seller is liable for the conformity of the performance with the contract.
3. The Seller is liable for any lack of conformity of the goods with the contract which exists at the time of delivery and becomes apparent within two years of that time, unless the shelf life of the goods is longer.
4. A complaint may be submitted by the Consumer in any manner, in particular in writing to the Seller's correspondence address, electronically to the email address indicated in §1, or via the form available on the Returns and Complaints page.
5. The Seller will respond to the complaint without delay, no later than within 14 calendar days of the day it was submitted.
6. In order to facilitate the handling of a complaint, it is recommended that the submission include: the Buyer's details enabling contact, information on whether the complaint is to be considered on the basis of lack of conformity with the contract or under a guarantee, details identifying the purchase, a description of the defect and the date on which it was discovered, as well as an indication of the demand.
7. Where the goods are not in conformity with the contract, the Consumer may demand that they be repaired or replaced. The Consumer makes the goods subject to repair or replacement available to the Seller, and the Seller collects them at its own expense.
8. The Buyer may submit a declaration of price reduction or withdrawal from the contract where:
- the Seller has refused to bring the goods into conformity with the contract;
- the Seller has not brought the goods into conformity with the contract;
- the lack of conformity of the goods with the contract persists even though the Seller has attempted to bring the goods into conformity with the contract;
- the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first resorting to repair or replacement;
- it is clear from the Seller's statement or the circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
9. The Consumer may not exercise the right to withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
10. If the lack of conformity with the contract concerns only some of the goods delivered under the contract, the Consumer may withdraw from the contract only in respect of those goods, and also in respect of other goods purchased together with the non-conforming goods, if the Consumer cannot reasonably be expected to agree to keep only the goods that are in conformity with the contract.
11. In the event of withdrawal from the contract, the Consumer returns the goods to the Seller without delay at the Seller's expense.
12. The Seller refunds to the Consumer the amounts due as a result of exercising the right to a price reduction or to withdraw from the contract without delay, no later than within 14 days of the day of receipt of the declaration of price reduction and, in the case of withdrawal, of the day of receipt of the goods or proof of their return.
13. The goods sold may be covered by a manufacturer's or distributor's guarantee. Information on this is shown in the offer.
14. Irrespective of the statutory rights, the Seller grants the voluntary Tail-Wag Guarantee, covering the return of unopened products within 30 days if they do not suit the Buyer's animal. Settlement takes place in the form of store credit. This guarantee extends the Buyer's rights and does not in any way limit or exclude their statutory rights, in particular the right to withdraw from the contract within 14 days and the rights arising from lack of conformity of the goods with the contract.
§9. Right to withdraw from a distance contract
1. A Consumer who has concluded a distance contract or an off-premises contract may withdraw from it within 14 days without giving any reason.
2. The period begins on the day on which the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the goods and, in the case of a contract covering multiple goods delivered separately, in lots or in parts, from taking possession of the last item, lot or part; in the case of a contract for the regular delivery of Goods for a fixed period, from taking possession of the first of the goods; in the case of other contracts, from the day of their conclusion.
3. To meet the deadline, it is sufficient to send the declaration before it expires.
4. The Consumer may submit a declaration of withdrawal in any form, in particular in writing to the Seller's correspondence address or electronically to the email address indicated in §1. The Consumer may use the model form available on the Withdrawal from the Contract page.
5. The Seller confirms without delay the receipt of a declaration of withdrawal submitted in electronic form.
6. Upon effective withdrawal from the contract:
- the contract is deemed not to have been concluded;
- the Seller is obliged, without delay and no later than within 14 days of the day of receipt of the declaration, to refund to the Consumer all payments made by the Consumer, including the costs of delivering the item, with the exception of additional costs resulting from the Consumer's choice of a method of delivery other than the cheapest standard method; the refund is made using the same means of payment as used by the Consumer, unless the Consumer has expressly agreed to another method that does not involve any costs for them;
- if the Seller has not offered to collect the goods itself, it may withhold the refund until it has received the goods back or has been supplied with proof of their return, whichever is earlier;
- the Consumer is obliged, without delay and no later than within 14 days of the day of withdrawal, to return the goods to the Seller;
- the Consumer bears the direct costs of returning the goods;
- the Consumer is liable for any diminished value of the goods resulting from handling them in a manner beyond what is necessary to establish the nature, characteristics and functioning of the goods.
7. The right to withdraw from a distance contract does not apply to the Consumer in respect of contracts:
- for the provision of services for which the Consumer is obliged to pay the price, where the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the performance that they would lose the right of withdrawal once the entrepreneur had performed the service, and acknowledged this;
- where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control;
- where the subject of the performance is non-prefabricated goods, made to the Consumer's specifications or intended to meet the Consumer's individual needs;
- where the subject of the performance is goods that are liable to deteriorate quickly or have a short shelf life;
- where the subject of the performance is goods supplied in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;
- where the subject of the performance is goods which, after delivery, by their nature become inseparably mixed with other goods;
- where the Consumer has expressly requested the entrepreneur to visit them for the purpose of carrying out urgent repairs or maintenance;
- where the subject of the performance is sound or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
- concluded by way of a public auction;
- for the supply of digital content not supplied on a tangible medium for which the Consumer is obliged to pay the price, where the entrepreneur has begun the performance with the express and prior consent of the Consumer, who was informed before the start of the performance that they would lose the right of withdrawal once the entrepreneur had performed, and acknowledged this, and the entrepreneur has provided confirmation of the conclusion of the contract.
8. Owing to the nature of the Goods offered, the exclusion referred to in paragraph 7, fourth and fifth indents, applies in particular to pet foods and treats with a short shelf life and to products in sealed packaging, if the packaging was opened after delivery. Information that the given Goods are covered by this exclusion is provided on the Goods page before the order is placed.
9. The provisions of this paragraph and of the preceding paragraph apply to a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person.
§10. Out-of-court resolution of consumer disputes
1. The Consumer may use out-of-court complaint handling and dispute resolution methods.
2. The Consumer may obtain free assistance in resolving a dispute:
- from the District (Municipal) Consumer Ombudsman,
- from the Voivodeship Inspectorates of the Trade Inspection,
- at the contact point of the President of the Office of Competition and Consumer Protection (UOKiK) (Pl. Powstańców Warszawy 1, 00-030 Warszawa, tel. 22 55 60 333, email [email protected]),
- from social organisations whose statutory objectives include the resolution of consumer disputes, and from institutions entered in the Register of entities authorised to conduct proceedings for the out-of-court resolution of consumer disputes, available at polubowne.uokik.gov.pl,
- from the permanent consumer arbitration court operating at the voivodeship inspector of the Trade Inspection.
3. The Seller consents to the out-of-court resolution of disputes with consumers in the procedure set out in the Act of 23 September 2016 on out-of-court resolution of consumer disputes (ustawa o pozasądowym rozwiązywaniu sporów konsumenckich).
§11. Subscription (recurring deliveries)
1. The Seller enables the Buyer to conclude a contract for the recurring delivery of Goods (Subscription). A Subscription is ordered by selecting the appropriate option in the basket or on the Goods page and indicating the delivery interval.
2. The Subscription contract is concluded for an indefinite period, unless otherwise indicated at the time of its conclusion.
3. By placing a Subscription order, the Buyer consents to the indicated payment instrument (payment card or BLIK alias) being charged on a recurring basis with an amount corresponding to the value of the next delivery. This consent covers only payments arising from the Subscription.
4. The Seller informs the Buyer by email of the upcoming next delivery and its value no later than 1 day before the payment instrument is charged. During this time, the Buyer may change the contents of the delivery, postpone its date, suspend the Subscription or terminate it.
5. The Buyer may at any time, without giving any reason and free of charge, terminate the Subscription contract with immediate effect in respect of deliveries not yet paid for. Termination is made in the Account panel or by contacting the Seller. Termination does not affect deliveries already paid for.
6. The Buyer may suspend the Subscription for a fixed period without losing the benefits granted to them under the Subscription, unless the terms of the given Subscription provide otherwise.
7. A change in the price of Goods covered by the Subscription has no effect on the Buyer without the Buyer's express acceptance. The Seller gives notice of a proposed price change at least 14 days before the date of the next delivery. Failure to accept the change means that the Subscription continues at the existing price until it is terminated by either party, or that the Subscription ends at the end of the paid period - as chosen by the Buyer.
8. If payment cannot be collected, the Seller makes another attempt and informs the Buyer of this. Non-payment for a delivery does not give rise to a debt; it results in the given delivery being withheld.
9. If Goods covered by the Subscription become permanently unavailable, the Seller informs the Buyer of this and proposes a substitute. Failure to accept the substitute entitles either party to terminate the Subscription.
10. The right of withdrawal referred to in §9 applies to the Subscription contract, taking into account paragraph 2 of that section concerning contracts for the regular delivery of Goods.
§12. Digital content and digital services
1. The Seller makes Digital content and digital services available in the Online Shop, including free pet profile tools and paid advisory and training services. The scope, price and method of supply are indicated on each occasion before the contract is concluded.
2. Contracts for the supply of Digital content concluded with a Consumer are governed by Articles 43h-43q of the Consumer Rights Act (ustawa o prawach konsumenta) concerning the conformity of Digital content with the contract.
3. The Seller supplies the Digital content without delay after the conclusion of the contract, unless the parties have agreed otherwise. If the Seller fails to supply the Digital content, the Consumer calls on the Seller to supply it; if the call is unsuccessful, the Consumer may withdraw from the contract.
4. A Consumer who has consented to the start of the performance before the end of the withdrawal period and has acknowledged the loss of the right of withdrawal loses that right once the Seller has fully performed the service.
5. Contracts for paid digital services provided on a periodic basis may be terminated by the Buyer at any time with effect at the end of the paid billing period.
6. The minimum technical requirements necessary to use Digital content are the same as the requirements indicated in §18.
§13. Reviews of Goods
1. The Seller enables Buyers to post Reviews of purchased Goods and of their purchases.
2. The Seller ensures that the published Reviews come from Buyers who have purchased the given Goods. For this purpose, an invitation to post a Review, together with an individual, single-use link, is sent only to the email address provided with the order, after delivery of the parcel has been confirmed. Reviews posted in this way are marked as coming from a verified purchaser.
3. The Seller does not post, or commission the posting of, false Reviews, nor does it distort Reviews in order to promote Goods.
4. Reviews are moderated solely for compliance with the law and the Terms and Conditions. The Seller does not remove negative Reviews because of their tone. The Seller may refuse to publish or may remove a Review that contains unlawful or vulgar content, personal data of third parties or advertising content, or that does not relate to the Goods.
5. The Buyer may attach photographs or recordings to a Review. By posting them, the Buyer declares that they hold the rights to these materials and grants the Seller a free, non-exclusive licence to publish them in the Online Shop and in materials promoting the Shop. The licence may be terminated by the Buyer at any time with effect for the future.
6. The average rating presented with the Goods is the arithmetic mean of the ratings from all published Reviews of those Goods. The Seller may make an automatically generated summary of Reviews available; such a summary is labelled as such and does not replace the content of the individual Reviews.
7. The Buyer may report a Review that infringes the law in the procedure set out in §21.
§14. Ranking of offers
1. The Seller provides information on the main parameters determining the order in which Goods are presented (ranking).
2. The default order of Goods on category lists and in search results is determined on the basis of: relevance to the query or category, availability of the Goods, popularity measured by the number of units sold in the recent period, and the rating resulting from Reviews.
3. The Buyer may change the sorting criterion themselves, including by price or rating.
4. Sections marked as recommended and labels such as "hit", "new" or "bestseller" are determined by the Seller and may result from the Seller's commercial decision, not solely from sales results. The Seller does not accept remuneration from third parties for a higher ranking of Goods.
5. Recommendations prepared on the basis of the animal profile provided by the Buyer are based on the data they have provided and are for information purposes only.
§15. Loyalty programme, discount codes, free gifts and samples
1. The Seller may run a Loyalty programme rewarding the Buyer's activity, including participation in tasks made available in the Online Shop. Participation in the Programme is voluntary and free of charge.
2. Benefits granted under the Programme, in particular Discount codes, have no monetary value and cannot be exchanged for cash or transferred to another person, unless the terms of the given benefit provide otherwise.
3. The rules, duration and conditions of use of each benefit are stated at the time it is granted. Discount codes may have a specified period of validity, a minimum order value and product exclusions.
4. The Seller may end or change the Programme with 30 days' notice. Benefits granted before the end of the Programme remain valid for the period for which they were granted.
5. The Seller may deprive the Buyer of benefits obtained in a manner contrary to the law or the Terms and Conditions, in particular by exploiting a system error, by automation or by creating multiple Accounts in order to obtain the same benefit repeatedly. The Seller informs the Buyer of the reason for such a decision and allows them to present their position.
6. Free gifts and samples added to an order after the indicated threshold has been exceeded form part of the Seller's performance. In the event of withdrawal from the contract or a reduction of the order value below the threshold, the Buyer returns the free gift together with the Goods, or the Seller settles its value in accordance with the price indicated when it was granted.
§16. Information on animal nutrition
1. Information, calculators, recommendations and educational materials on animal nutrition made available in the Online Shop are solely informative and auxiliary in nature.
2. These materials do not constitute veterinary advice, a diagnosis or a therapeutic recommendation and do not replace consultation with a veterinary surgeon.
3. In the case of illness of the animal, pregnancy, lactation, convalescence or the use of a veterinary diet, the Buyer should consult a veterinary surgeon before changing the animal's diet.
4. The results of energy requirement calculations are based on the data provided by the Buyer and on generally accepted nutritional guidelines; they are indicative values.
§17. Contract terms for Buyers who are not consumers
1. The provisions of this section govern relations where the Buyer is an entity that is neither a Consumer nor an entity with consumer rights referred to in §3(4), and the purchase is not made as part of B2B sales governed by the separate B2B Terms of Sale.
2. Upon the Seller's release of the goods, including to the carrier, the benefits and burdens and the risk of accidental loss or damage pass to the Buyer.
3. The Seller's liability to the Buyer under the statutory warranty for defects (rękojmia) is excluded.
4. Disputes arising between the Seller and a Buyer who is not a Consumer are submitted by the parties to the court having jurisdiction over the Seller's registered office.
5. The Seller's total, aggregate liability to a Buyer who is not a Consumer is limited to the amount of the price paid and delivery costs, but not more than one thousand zloty, both for a single claim and for all claims in aggregate. Liability for lost profits and indirect damage is excluded. These limitations do not apply to damage caused intentionally.
6. In the case of a Buyer who is not a Consumer, the Seller has the right to withdraw from the Sales Contract within 21 working days of its conclusion by submitting a declaration to the Buyer. Withdrawal does not require a reason to be given and does not give rise to any claims on the part of the Buyer, other than the refund of the price paid.
§18. Provision of services by electronic means
1. These Terms and Conditions set out the types and scope of services provided by electronic means by the Seller, the rules for their provision, the conditions for concluding and terminating contracts and the complaints procedure.
2. The Seller provides services by electronic means by enabling the browsing of the Online Shop's content and the use of its functionalities: the Account, the Order form, the Contact form, the Newsletter, Reviews, pet profile tools and chat.
3. Use of the services indicated in paragraph 2 is free of charge, with the exception of services expressly marked as paid. Browsing the offer does not require creating an Account.
4. In order to use the Online Shop, the Service Recipient should have: a device with Internet access, an active email account and an up-to-date web browser with cookies and JavaScript enabled. Recommended minimum screen resolution: 1024x768.
5. The Service Recipient is obliged to use the Online Shop in accordance with the law and good practice, with respect for the rights of third parties, and to refrain from any activity disrupting the functioning of the Online Shop.
6. The Service Recipient is prohibited from providing unlawful content and from sending unsolicited commercial information.
7. The Service Recipient is obliged to provide data that are true and consistent with the facts.
8. The Service Recipient may terminate the contract for the provision of services by electronic means at any time without giving any reason.
9. The Seller may terminate the contract for the provision of services by electronic means in the event of a gross breach by the Service Recipient of the law or the Terms and Conditions, the discontinuation of specific functionalities, or the receipt of an official notification or credible information about the unlawful nature of data.
10. Complaints concerning the provision of services by electronic means may be submitted in writing or electronically to the addresses indicated in §1. The Seller will respond to the complaint no later than within 14 days.
§19. Account
1. The Seller enables Service Recipients to create an Account.
2. In order to create an Account, the Service Recipient completes the registration form or uses login via an external identity provider, where such an option has been made available.
3. The contract for the provision of the Account service is concluded for an indefinite period and is provided free of charge.
4. Having an Account is not a condition for placing an order.
5. The Service Recipient may at any time, without giving any reason and free of charge, terminate the contract in respect of maintaining the Account. The Seller deletes the Account without delay, no later than within 7 days of receiving the request, except for data whose storage is required by law.
§20. Newsletter and marketing communications
1. The Seller enables Service Recipients to receive commercial information by email (Newsletter), SMS, the WhatsApp messenger and push notifications in the app.
2. The use of each of the channels indicated in paragraph 1 requires the Service Recipient's separate, voluntary consent. Consent to one channel does not mean consent to the others.
3. The contract is concluded upon confirmation of the subscription, in particular by clicking the confirmation link or confirming in the app.
4. The contract is concluded for an indefinite period and is provided free of charge.
5. The Service Recipient may at any time, without giving any reason and free of charge, withdraw consent and terminate the contract in respect of any channel, in particular: by using the unsubscribe link included in every message, through the Account settings, by replying to an SMS or WhatsApp message in accordance with the instructions contained therein, or by sending a declaration to the Seller's address.
6. The Seller records the granting and withdrawal of each consent together with the date and the channel through which it was given.
§21. Reporting unlawful content
1. The Online Shop enables Buyers to post content, in particular Reviews together with photographs and recordings.
2. Anyone may report to the Seller content that they consider unlawful by sending a notice to the email address indicated in §1. This address is the point of contact for notices.
3. The notice should contain: an indication of where the content is posted enabling it to be found, a statement of reasons why the content is unlawful, and the contact details of the person making the notice, unless the notice concerns content for which these details are not required.
4. The Seller acknowledges receipt of the notice and processes it without undue delay, in a diligent, non-arbitrary and objective manner. The Seller informs the person making the notice and the author of the content of the decision taken, together with the reasons for it.
5. The author of content in respect of which a decision has been taken to remove it or restrict its visibility has the right to lodge an objection to the address indicated in §1 within 14 days of receiving information about the decision. The Seller considers the objection without undue delay.
6. The Seller may, after a prior warning, suspend the processing of notices from entities that manifestly and repeatedly submit unfounded notices.
§22. Personal data
1. The controller of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Seller.
2. The Controller may be contacted in writing and at the email address indicated in §1.
3. Data are collected and processed for the purpose of performing the Sales Contracts concluded, including handling complaints, pursuing and defending against claims, and for tax purposes (Article 6(1)(b), (c) and (f) of the General Data Protection Regulation, GDPR (RODO)), and, as regards marketing communications, on the basis of consent (Article 6(1)(a) GDPR).
4. Data may be disclosed in particular to: carriers and postal operators, payment operators, entities providing accounting and bookkeeping services, entities providing IT and hosting services, and entities providing legal services and complaint handling.
5. Personal data will be stored for the period necessary to fulfil the legal obligations imposed on the Controller.
6. Detailed information on the processing of personal data is contained in the Privacy Policy.
7. The data subject has the right to request access to their personal data, its rectification, erasure or restriction of processing, the right to object to processing, the right to data portability and the right to lodge a complaint with the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).
§23. Final provisions
1. These Terms and Conditions form an integral part of the Sales Contract concluded between the Buyer and the Seller. The contract is concluded in Polish.
2. Matters not regulated in these Terms and Conditions are governed by Polish law, in particular: the Civil Code Act of 23 April 1964, the Act of 30 May 2014 on consumer rights and the Act of 18 July 2002 on the provision of services by electronic means (ustawa o świadczeniu usług drogą elektroniczną). Disputes arising from contracts concluded on the basis of these Terms and Conditions are subject to the jurisdiction of the Polish courts.
3. The Seller reserves the right to amend these Terms and Conditions in the event of a change in generally applicable law, a reorganisation of the manner of concluding and performing contracts or of the manner in which the Seller operates.
4. An amendment to the Terms and Conditions does not affect contracts concluded before the amendment that are not continuing contracts; in particular, it does not affect the acquired rights of Buyers or concluded Sales Contracts, to which the version of the Terms and Conditions in force on the date of conclusion of the contract applies.
5. In the event of an amendment to the Terms and Conditions concerning continuing contracts, including the Subscription contract and contracts for the provision of services by electronic means, the amendment enters into force 30 days after the date on which Service Recipients are notified, unless they terminate such a contract within 30 days of that date. It is sufficient to send the notice of termination within that period.












