- The PersonaliseDog.com online store, available at the web address of www.PersonaliseDog.com, is run by BOURTREE SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA SPÓŁKA KOMANDYTOWA with its registered office at ul. RACULA-DRZONKOWSKA nr 9, ZIELONA GÓRA, 66-004, entered into the National Court Register by the Commercial Division of the District Court in Zielona Góra under KRS number 0000827892, with share capital of 500 PLN, NIP number: 9731069838, REGON number: 385494417.
- These Terms and Conditions apply to both Consumers and Businesses using the Store and specify the terms of using the online Store as well as terms and procedure of concluding a Sales Contract with the Customer remotely through the Store.
- Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
- Seller - BOURTREE SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA SPÓŁKA KOMANDYTOWA with its registered office in ZIELONA GÓRA at ul. RACULA DRONKOWSKA 9., postal code 66-004, NIP number 9731069838, REGON number 385494417.
- Customer – every entity making purchases through the Store.
- Business – a natural person, legal person or unincorporated entity, with legal capacity granted by a separate act of law, conducting business activity on their own behalf, and using the Store.
- Store – an online store run by the Seller at the web address of www.PersonaliseDog.com
- Remote Contract – a contract concluded with the Customer within an organized remote contract conclusion system (within the Store), without the parties being physically present at the time, with sole use of one or more means of remote communication, up to and including the moment of concluding a contract.
- Terms and Conditions – these terms and conditions of the Store.
- Order - the Customer's declaration of intent, made using the Order Form and with a direct goal of concluding a Sales Contract for a Product or Products with the Seller.
- Account – a customer's account at the Store, which stores data provided by the Customer as well as information on the Orders they placed at the Store.
- Registration Form – a form available at the Store that makes it possible to create an Account.
- Order Form – an interactive form available at the Store that makes it possible to place an Order, in particular through adding Products to the Cart and specifying the conditions of a Sales Contract, including the payment and delivery methods.
- Cart – an element of the Store's software that displays the Products selected by the Customer for purchase, with an option to set and to modify the Order's data, in particular the quantity of products.
- Product – a movable/service available at the store that makes the subject of a Sales Contract between the Customer and the Seller.
- Sales Contract – a sales contract for a Product, concluded between the Customer and the Seller through the online Store. The term Sales Contract also refers to – appropriate to a Product's characteristics – service contracts and contracts for a specific task.
Contacting the Store
- The Seller's address: ul. RACULA-DRZONKOWSKA, nr 9, ZIELONA GÓRA, 66-004, POLAND
- The Seller's e-mail address: info@PersonaliseDog.com
- The Seller's phone number: ………………
- The Seller's bank account number: PL10 1140 2004 0000 3302 7977 8397.
- The Customer may communicate with the Seller using the addresses and phone numbers specified in this section.
- The Customer may reach the Seller on the phone at the following hours:
- In order to use the Store, including browsing the Store's product range and placing orders on Products, the following are required:
a) an end device with access to the Internet and a web browser
b) an active electronic mail (e-mail) account,
c) enabled cookies support,
- The Seller, to the furthest extent permissible by law, shall not be held liable for any interruption, including breaks, in functioning of the Store caused by force majeure, unauthorized actions by third parties or incompatibility of the online Store with the Customer's technical infrastructure.
- Browsing through the Store's product range does not require registering an Account. The Customer may place orders on the Products included in the Store's product range by either registering an Account as per provisions of § 6 of Terms and Conditions or by providing required personal and address data that makes it possible to fulfill an Order without registering an Account.
- The prices displayed at the Store are provided in GBP and they are gross prices (with VAT included).
- The total (final) amount to be paid by the Customer includes the Product's price and the cost of delivery (including the transport, delivery and postal fees) that the Customer is informed about on the Store's pages while placing the Order, including when making a declaration of intent for being bound by a Sales Contract.
- In case of a Contract that covers a subscription or services provided for an indefinite period, the total (final) price is the total price covering all payments for a billing cycle.
- When the nature of the subject of a Contract does not allow, reasonably assessing, to calculate in advance the total (final) price, the information on how the price will be calculated, as well as on the transport, delivery and postal fees plus any other costs, will be provided at the Store in the Product's description.
Registering an Account at the Store
- In order to register an Account at the Store, one has to fill out the Registration Form. The following data is obligatory: email address, full name, delivery address, phone number.
- Registering an Account at the Store is free of charge.
- Logging into the Account consists of providing the login and password specified in the Registration Form.
- The Customer has the ability to, at any time and for any reason, as well as free of charge, delete the Account by sending an adequate request to the Seller, in particular by e-mail or in writing at the addresses provided in § 3.
Terms of placing an Order
- In order to place an Order, one has to:
1) log into the Store (optionally);
2) select a Product that constitutes the subject of an Order, check the size table, pick the right size, pick the customization (optionally), enter the customization text and then click the “Add to cart” (or equivalent text) button;
3) log in or use the option of placing an Order without registering;
4) if the option of placing an Order without registering was chosen – fill out the Order Form by submitting the Order recipient’s data and the address to deliver the Product to, choose the delivery type (the method of delivering the Product), provide the billing data if it differs from the Order recipient’s data, click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking the link sent in an e-mail message, choose one of the following payment methods and, depending on the method chosen, pay for the order within the time frame specified, subject to § 8 par. 3.
Delivery and payment methods offered
- The Customer may use the following delivery or pickup methods with the Product ordered:
a) Postal delivery
b) Courier delivery
- The Customer may use the following payment methods:
a) Digital payments
b) Credit/debit card payments
c) PayPal payments
- Detailed information on the delivery methods and the accepted payment methods can be found on the Store’s pages.
Execution of a Sales Contract
- Conclusion of a Sales Contract between the Customer and the Seller occurs upon the Customer placing an Order using the Order Form at the online Store as per § 7 of Terms and Conditions.
- Once the Order is placed, the Seller promptly confirms receiving it, at the same time taking the Order for fulfillment. Confirmation of receiving an Order and taking it for fulfillment takes place by the Seller sending the Customer an adequate e-mail message at the Customer’s e-mail address provided when placing the Order, which shall contain at least the Seller’s declaration of receiving the Order and taking it for fulfillment, as well as a confirmation of concluding a Sales Contract. Upon the Customer receiving the above e-mail message, a Sales Contract is concluded between the Customer and the Seller.
- In the event of the Customer choosing to:
a) pay with a bank transfer, online payments or a credit/debit card, the Customer is obligated to make the payment within 3 calendar days from the day of the Sales Contract being concluded – otherwise, the order shall be canceled.
- The Product shall be sent by the Seller within the time frame specified in the description (without prejudice to passage 5 of this section), using the method specified by the Customer when placing the Order.
A) In the event of ordering Products with different delivery times, the delivery time is the longest time provided.
B) In the event of ordering Products with different delivery times, the Customer has the ability to request having the Products delivered in parts or having all Products delivered once the entire order is ready.
- The beginning of the time frame for delivering the Product to the Customer is estimated as follows:
a) In case of the Customer choosing to pay with a bank transfer, online payments or a credit/debit card – from the day of the Seller’s bank account being credited.
- In the event of ordering Products with different reception readiness times, the reception readiness time shall be the longest time specified.
- The Product delivery is available for any region of the world.
- The delivery of a Product to the Customer is a paid service unless the Sales Contract specifies otherwise. The costs of delivery of a Product (including the transport, delivery and postal fees) are specified to the Customer on the pages of the online Store in the “Costs of delivery” tab, as well as upon placing an Order, including when the Customer is declaring the intent of being bound by a Sales Contract.
Right of withdrawal
- The Consumer may withdraw from a Sales Contract within 14 days without giving a reason.
- The time frame specified in paragraph 1 begins with the Product being delivered to the Consumer or to another person specified by them other than the carrier.
- In case of a Contract that covers multiple Products delivered separately, in batches or in parts, the time frame specified in paragraph 1 begins with delivery of the last item, batch or part.
- In case of a Contract that consisted of regular delivery of Products for a specified time (subscription), the time frame specified in paragraph 1 begins with coming into possession of the first item.
- The Consumer may withdraw from a Contract by submitting a statement of withdrawal from the Contract to the Seller. The deadline for withdrawal from a Contract is considered to be met as long as the Consumer submits the statement before said deadline.
- The statement may be sent using traditional mail or electronically by sending the statement at the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact information was specified in § 3. The statement may also be submitted using a form that the template of which constitutes annex 1 to these Terms and Conditions as well as an annex to the consumer rights act of 30th May 2014, although it is not mandatory.
- In case of the Consumer submitting a statement electronically, the Seller shall promptly send the Consumer a confirmation of receiving the statement of withdrawal from the Contract at the e-mail address provided by them.
- Consequences of withdrawal from a Contract:
a) In case of withdrawing from a remote Contract, the Contract is deemed void.
b) In case of withdrawing from a Contract, the Seller shall refund the Consumer promptly and no later than within 14 days from the date of receiving the Consumer’s statement of withdrawal from the Contract for all the payments made by them, including the costs of delivering the item, except for additional costs arising from the Consumer choosing a delivery method other than the least expensive standard delivery method offered by the Seller.
c) The payment will be refunded by the Seller using the same payment methods that were used by the Consumer for the initial transaction, unless the Consumer explicitly agrees to a different solution that would not cause them to incur any costs.
d) The Seller may withhold refunding the payment until being returned the Product or until being provided with a proof of dispatch for it, whichever occurs first.
e) The Consumer should send the Product at the Seller’s address specified in these Terms and Conditions promptly and no later than 14 days from the date of notifying the Seller of withdrawing from the Contract. The deadline is considered to be met as long as the Consumer sends the Product back within 14 days.
f) The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if the nature of said Product made it impossible to return it by mail in the standard manner.
g) The Consumer is only liable for a decrease in the Product’s value that arises from using it in a way different from what was necessary to determine the nature, characteristics and functioning of the Product.
- In the event that the nature of a Product makes it impossible to return it by mail in the standard manner, the information on it, including the costs of returning the Product, will be included in the Product’s description at the Store.
- The right to withdraw from a remote contract is not available to the Consumer in the event of a Contract:
a) where the subject of the transaction is a non-prefabricated item, manufactured based on the Consumer’s specifications or intended to satisfy their custom needs,
b) where the subject of the transaction is an item delivered in a sealed packaging that, upon opening the packaging, cannot be returned for the reasons of health protection or sanitary standards, if the packaging has been opened after delivery,
c) where the subject of the transaction is an item that gets spoiled fast or has a short expiry date,
d) for providing services, if the Seller has provided the service in its entirety with the explicit consent of the Consumer, who had been notified before the provision began that once the provision is completed by the Seller, they lose the right to withdraw from the Contract,
e) where the price or remuneration depends on fluctuations on the financial markets that the Seller has no control over and that may occur before the end of the Contract withdrawal period,
f) where the subject of the transaction are items that, upon delivery, due to their nature, become an inseparable element of other items,
g) where the subject of the transaction are alcoholic beverages that the price of which was agreed upon when concluding the sales contract, and that can only be delivered after 30 days and that the value of which depends on fluctuations on the market that the Seller has no control over,
h) where the subject of the transaction are audio or video recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery,
i) for delivery of journals, periodicals or magazines, except for subscription contracts,
j) for delivery of digital content that was not stored on a physical medium, if provision started being performed with the explicit consent of the Consumer before the end of the contract withdrawal period and after being informed by the Seller about losing the right to withdraw from the Contract
Complaints and warranties
- Sales Contracts cover new Products.
- In the event of defects occurring in items purchased from the Seller, the Customer has the right to file a consumer complaint based on the warranty provisions in the civil code.
- A complaint is to be filed in writing or electronically at the Seller’s addresses provided in these Terms and Conditions.
- It is recommended for a complaint to include such things as a brief description of the defect, the circumstances (including the date) of it occurring, the data of the Customer filing the complaint, and the Customer's demands in relation to the item’s defects.
- The Seller shall answer a complaint claim promptly, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not answer the complaint claim within 14 days, it is understood that they considered the Customer's claim to be justified.
- Items returned under the complaint procedure are to be sent at the address provided in § 3 of these Terms and Conditions.
- In the event that a Product is covered with a warranty, the information on it as well as its content will be included with the Product’s description at the Store.
Out-of-court complaint handling and claims pursuing
- Detailed information on the Consumer’s options of using out-of-court complaint handling and claims pursuing, as well as the terms of accessing such procedures are available at the offices and websites of county (municipal) consumer ombudsmen, community organizations tasked in their statutes with consumer protection, Provincial Trade Inspectorates and at the following web addresses of the Competition and Consumer Protection Office: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The Consumer has the following suggested options of using out-of-court complaint handling and claims pursuing:
A) The Consumer is entitled to turn to the permanent amicable consumer court referred to in art. 37 of the Trade Inspection act of 15th December 2000 (the 2014 Official Journal, item 148 as amended), with a request to resolve a dispute arising from a Contract concluded with the Seller.
B) The Consumer is entitled to turn to the provincial trade inspector as per art. 36 of the Trade Inspection act of 15th December 2000 (the 2014 Official Journal, item 148 as amended), with a request to initiate mediation proceedings for an amicable resolve of a dispute between the Consumer and the Seller.
C) The Consumer may receive free support in relation to resolving a dispute between them and the Seller, while also using free support from the county (municipal) consumer ombudsman or a community organization tasked in its statute with consumer protection (such as the Consumer Federation or the Polish Consumer Association).
Personal data at the online Store
- The data controller for the Customers’ personal data collected through the online Store is the Seller.
- The Customers’ personal data collected by the data controller through the online Store is collected for the purpose of executing Sales Contracts, and if the Customer gives their consent – for marketing purposes as well.
- The potential recipients of the Customers’ personal data at the online Store are:
For Customers who shop at the online Store using delivery through postal or courier services, the Data Controller makes the collected personal data of the Customer available to a selected carrier or intermediary who ships deliveries for the Data Controller.
For Customers who shop at the online Store using digital payments or credit/debit cards, the Data Controller makes the collected personal data of the Customer available to a selected entity handling the above payments at the online Store.
- The Customer has the right to access the content of their data and to amend it.
- The personal data is provided voluntarily, although refusal to provide the personal data specified in the Terms and Conditions that is necessary to conclude a Sales Contract will result in inability to conclude such contract.
- Contracts concluded through the online Store are concluded in English.
- The Seller reserves the right to make changes to the Terms and Conditions for legitimate reasons such as: changes in the law in force, changes in the payment and delivery methods – to the extent where such changes impact execution of the provisions of these Terms and Conditions. The Seller shall notify the Customer of each change at least 7 days in advance.
- In the matters not covered by these Terms and Conditions, the applicable provisions of the Polish law shall apply, and in particular: the Civil Code; the digital services act; the consumer rights act, the personal data protection act.
- The Customer has the right to use out-of-court complaint handling and claims pursuing. For that purpose, they may file a complaint through the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.