REGULATIONS OF THE ONLINE STORE
REGULATIONS OF THE ONLINE STORE
The Furry Land
- The Furry Land online store, operating at: www.thefurryland.com, is run by Magdalena Gajda, with its registered office at: St.Wincentego 122 lok 118, 03-291 Warsaw, operating under NIP number: 5632171709, REGON: ________.
- These Regulations of the Online Store define the rules for making purchases in The Furry Land online store, in particular the rules and procedure for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawing from the contract by the Consumer.
- In the scope of Services provided electronically, these Regulations are the regulations referred to in art. 9 of the Act on the provision of electronic services of 18 July 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
- The Regulations are addressed to all Customers of the Store. All customers are obliged to read the provisions of the Regulations before making a purchase.
- Each Customer is obliged to comply with the provisions of the Regulations. The sale takes place on the basis of the version of the Regulations in force at the time of placing the order.
- Each Customer has the opportunity to read the Regulations at any time by clicking on the Store's website www.thefurryland.com the hyperlink "Store Regulations". The Regulations can be downloaded and printed at any time.
- All information contained on the Store's website www.thefurryland.com relating to products (including prices) does not constitute an offer within the meaning of art. 66 of the Civil Code of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude a contract, in accordance with art. 71 of the Civil Code of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740 , as amended). By sending the Order Form, the Customer submits an offer to purchase the indicated Goods for the price and under the conditions specified in the description.
Regulations - this set of regulations organizing the rules of using the Store Services by Customers.
Consumer (contracts concluded before January 1, 2021) - a natural person making a civil law contract through the Store, not directly related to its business or professional activity.
Consumer (contracts concluded from 1 January 2021) - the following persons are considered by the Consumer:
- a natural person concluding a civil law contract through the Store, not directly related to its business or professional activity - the so-called "Consumer sensu stricto"
- a natural person concluding a civil law contract through the Store, directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity - the so-called "Entrepreneur with Consumer rights".
For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities, the Regulations refer to both Consumers sensu stricto and Entrepreneurs with consumer rights.
Customer - a natural person ( including a Consumer) who is at least 13 years old (provided that he has obtained the consent of the statutory representative), a legal person and an organizational unit that is not a legal person, whose specific provisions grant legal capacity, which uses the Services provided by the Store.
Order Form - a Service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods to the Basket and specifying some of the terms of the Sales Agreement m.in. the method of delivery and payment.
Basket - an element of the Store in which the Goods selected by the Customer are visible and in which the Customer has the ability to determine and modify the Order data, including the number of Products purchased.
Store - an online service belonging to the Seller, available under the domain: www.thefurryland.com, through which the Customer can purchase Goods from the Seller.
Seller - Magdalena Gajda with its registered office at: St.Wincentego 122 lok 118, 03-291 Warsaw, who conducts gainful or professional activity and offers sales via his website.
Goods - a movable item being traded between the Store and the Customer, whose terms of sale are specified in the Order Form.
Sales Agreement - a contract for the sale of Distance Goods concluded by the Customer via the Store, usually via the Order Form.
3. ACCEPTANCE AND EXECUTION OF ORDERS
- The condition for using the Store is to read these Regulations and accept them. By placing an order, the Customer accepts the content of the Regulations.
- Orders from Customers are accepted using the Order Form sent, made via the website: www.thefurryland.com or by e-mail to the address firstname.lastname@example.org, 7 days a week, 24 hours a day.
- The Order of Goods is carried out by selecting the Goods that the Customer is interested in, clicking the "ADD TO CART" button next to the description of the Goods, and then, from the "BASKET" level located in the Store tab, filling in the Order Form, including choosing the form of delivery and payment or choosing the option of payment on delivery, if one is available for the selected Goods, and then clicking the purchase confirmation.
- Entrepreneurs recognized as so-called Entrepreneurs with consumer rights (see: the definition of "Consumer" in these Regulations), concluding contracts after January 1, 2021, will have to indicate, already at the time of placing the order for the Goods, that the purchase is not of a professional nature for them.
- After placing the order, the Customer receives a confirmation of the order by e-mail provided in the Order Form.
- After the Customer receives the confirmation of acceptance of the offer, the process of order processing by the Seller begins, whereby: a: in the case of placing an order paid on delivery - starts no later than the next business day, after its confirmation by the Seller. b :in the case of placing an order paid by traditional transfer - begins after the payment for the order is credited, on the Store's bank account
- Orders placed in the Store are processed during the Store's business hours (on business days, from Monday to Friday, from ________ to ________. Orders placed on business days after ________, Saturdays, Sundays or public holidays, will be processed the next business day.
- The Customer will receive a message about the acceptance of the order for execution, which is understood as the Seller's statement on the acceptance of the offer. Upon its receipt by the Customer, a Sales Agreement is concluded.
- A VAT receipt is issued for each order. At the customer's request, a VAT invoice will also be sent.
- The available means of communication between the Customer and the Store are:
a. the. E-mail - email@example.com
b. Telephone - 533411536
- The price specified in the order is the total value that the Customer is obliged to pay (gross price). It includes the tax due.
The Seller reserves the right to change the prices in the Store, introduce new Goods for sale, carry out and cancel promotional campaigns, or make changes to them, in accordance with applicable law.
If the Consumer is obliged to pay beyond the agreed price described in the previous paragraph, the Store will immediately inform the Consumer about this fact, explaining the reason for the price difference. The additional costs will be charged to the Consumer only after obtaining the Consumer's express consent.
4. EXECUTION OF PAYMENTS
- As part of the Store's operation, the following payment methods are possible:
- cash on delivery – upon receipt of the shipment;
- by bank transfer;
- The Customer who has chosen the payment option by bank transfer is obliged to pay the fee for the order placed within five (5) business days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the payment title, it is enough to provide only the number of the order placed. It is possible to extend the payment deadline, with prior notification of this fact to the Store staff.
The Seller shall be liable under the warranty for physical and legal defects of the Goods, to the extent specified in Article 556 et seq. of the Civil Code of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740, as amended).
- A physical defect of the Goods consists in the non-compliance of the sold Goods with the contract, which occurs when: 1. The goods do not have the properties that they should have due to the purpose of the contract, resulting from the circumstances or destination; 2.The goods do not have the properties about which the Seller assured the Customer; 3. The goods are not suitable for the purpose about which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose; 4.The goods were released to the Customer in an incomplete state.
- A legal defect of the Goods occurs when the Goods are the property of a third party or are encumbered with the right of a third party, when the restriction on use or regulation results from the decision or decision of the competent authority.
- In the case of the Consumer, public assurances of the manufacturer or entity that places the Goods on the market shall be treated equally with the Seller's
within the scope of its business activity, or which presents itself as a producer. However, the Seller is not liable if he did not know these assurances or could not know them, or when these assurances could not affect the Consumer's decision to conclude a sales contract, and when the content of these assurances was corrected before the conclusion of the sales contract.
- The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer.
- In the case of the Consumer, if a physical defect was found within one year from the date of release of the Goods, it is presumed that the defect or its cause existed at the time of release of the Goods.
- If the buyer is a Consumer and the physical defect was found within one year from the date of delivery of the item sold, it is presumed that the defect or its cause existed at the time of the transfer of danger to the buyer.
- If the Goods have a defect, the Customer may submit a statement on price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Goods with goods free from defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with goods free from defects or remove the defect.
- If the Goods have a defect, the Customer may also request replacement of the item with a defect-free one or removal of the defect.
- The Consumer may, instead of removing the defect proposed by the Seller, demand replacement of the Goods with defect-free ones or instead of replacing the Goods demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.
- The customer may not withdraw from the contract if the defect is irrelevant.
- Complaints regarding the Goods may be reported: a. in writing, to the address of the Seller's registered office; b .by e-mail, to the e-mail address indicated in the confirmation of placing the Order.
20. The above provisions do not exclude the possibility of granting a guarantee by the Seller for the purchased Goods, which is provided for in separate warranty 6. RIGHT OF WITHDRAWAL 1.Pursuant to the Act on consumer rights of 30 May 2014 (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract for the sale of Goods purchased in the Store, without giving a reason, by submitting a relevant statement in writing, within fourteen (14) days from the date of release of the Goods (i.e. from the date of receipt of the Goods by the Consumer). To meet this deadline by the Consumer, it is enough to send a statement before its expiry. 2.The consumer may withdraw from the contract by submitting a statement of withdrawal from the contract to the Seller. The model declaration is attached as Annex 1 to these regulations . 3.The statement of withdrawal from the contract should be sent to the following address: St.Wincentego 122 lok 118, 03-291 Warsaw. 4.The Consumer shall return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the contract. To meet the deadline, it is sufficient to send back the Goods before its expiry. 5.The return of the Goods should be made to the Seller's address: St.Wincentego 122 lok 118, 03-291 Warsaw. 6.The Seller, within fourteen (14) days from the date of receipt of the statement of withdrawal from the contract, will refund to the Consumer all payments made by him, including the cost of delivery of the Goods, but the refund will not take place until he receives the Goods back or provides proof of sending it back. 7.The Seller shall refund the payment using the same method of payment as used by the Consumer. 8.The Consumer bears the costs of returning the Goods to the Seller. 9.The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the contract: 1.in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs; 2.in which the subject of the service is an item subject to rapid deterioration or having a short shelf life; 3.in which the subject of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; 4.in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things; 5.in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery; 6.for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; 7.in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period; 8.for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract. 10.The right to withdraw from a distance contract is not granted to an entity other than the Consumer, within the meaning adopted for the purposes of these Regulations (see: the definition of "Consumer").
7. OUT-OF-COURT DISPUTE RESOLUTION
1.In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, m.in.
- Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be requested. As a rule, the procedure is free of charge. The list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Assistance of a competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Free assistance of the municipal or district consumer ombudsman.
- Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.
- This chapter entitled "Out-of-court dispute resolution" does not apply to one category of persons described in these Regulations as Consumers, the so-called "Entrepreneurs with consumer rights", which entered into force for contracts concluded from 1 January 2021. Therefore, for all contracts, this chapter applies only to entities belonging to the so-called Consumer category sensu stricto.
8. PROTECTION OF PERSONAL DATA
- By placing orders, the Customer consents to the processing of personal data provided by him, for the purpose of processing and handling the order, by the Seller, who is also the administrator of personal data, within the meaning of art. 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (general Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88.
- The administrator of personal data provided by the Customer while using the Store is the Seller.
- Personal data contained in the Seller's database are not transferred to entities that do not participate in the implementation of the Sales Agreement.
- In accordance with Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88, the Customer has the right to access his personal data, may request their correction or deletion. The Seller provides each Customer with the right to control the processed personal data.
- Providing personal data is voluntary, however, the lack of consent to the processing of personal data makes it impossible to complete the Customer's order.
9. FINAL PROVISIONS
The Regulations define the rules for the conclusion and performance of the Agreement for the sale of Goods on the Store's website.
- The sales contract is concluded between the Customer and the Seller.
- The Regulations are available to all customers in an electronic version on the website of the www.thefurryland.com Store.
- To be able to use the Store's Services, it is necessary to have devices allowing access to the Internet and a web browser that allows you to display websites, as well as provide an e-mail address that allows you to send information regarding the execution of the order.
- It is forbidden for all persons, including Customers, to post illegal content on the Store's website.
- In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
- The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under mandatory provisions of law. In the event of a contradiction between the provisions of the Regulations and mandatory provisions of law granting rights to consumers, these provisions shall prevail.
- In the event that any provision of these Regulations is or is to become invalid or ineffective, the validity of the entire Regulations in the remaining part shall not be affected. In such a case, the Parties shall replace the invalid or ineffective provision with another that reflects the intended economic objective as closely as possible. Accordingly, this also applies to possible gaps in the Regulations.
Appendix 1: Form of withdrawal by the Consumer sensu stricto and the Entrepreneur with the rights of a Consumer from the concluded contract
City: ___________, on: __________
Consumer/Entrepreneur with Consumer rights:
Nazwa: The Furry Land
Address: ul.Św.Wincentego 122 lok 118, 03-291 Warsaw
FORM OF WITHDRAWAL BY A CONSUMER OR ENTREPRENEUR WITH CONSUMER RIGHTS FROM AN
AGREEMENT OBLIGING TO TRANSFER OWNERSHIP OF AN ITEM
Hereby, acting pursuant to Article 27 of the Act on Consumer Rights of 30 May 2014 (i.e. Journal of Laws of 2020, item 287, as amended), as follows:
Article 27 of the Consumer Rights Act
A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring costs, except for those set out in Articles 33, 34(2) and 35.
I inform about the withdrawal from the contract, concluded on ___________ r., consisting in:
In connection with the above, I kindly ask for a refund of the following amount of money, resulting from the withdrawal from the contract: ____
(handwritten signature of the Consumer/Entrepreneur with consumer rights