Terms of Service

§1

[GENERAL PROVISIONS]

1. These Terms of Service set out the rules for making purchases in the Uhooo.store online shop – www.uhooo.store from  STANISŁAW CIBOROWSKI My Way Design, ul. Planty 7, 05-080 Izabelin C, NIP: 5252806372.
2. The terms used herein shall have the following meaning:
   1. Customer – a natural person (with full capacity to perform acts in law) or a legal person who has made a purchase or intends to make a purchase in the Uhooo.store online shop. The Customer may be both a consumer and an enterprise,
   2. Seller – STANISŁAW CIBOROWSKI My Way Design, ul. Planty 7, 05-080 Izabelin C, NIP: 5252806372,
   3. Shop – an online shop maintained by the Seller at www.uhooo.store,
   4. Consumer – in accordance with the Polish Civil Code of 23 April 1964 – a User who as a natural person performs an act in law not directly related to their business or professional activity. Within the meaning of these Terms of Service, a Consumer is an entrepreneur running a one-man business who enters into contracts which do not have a professional nature arising from the subject of its activity,
   5. User Account – an account in the Shop, assigned to the relevant Customer, containing data provided during registration,
   6. Terms of Service – this document along with all annexes.
3. The shop offers online retail sale of clothes and accessories for dogs, in particular: sweatshirts, jackets, T-shirts, collars, leashes, bowls, blankets, bedding, accessories for leashes such as a phone sachet or snacks. The aforementioned products are available via the Shop in the form of finished goods. 
4. Detailed information on products can be found at www.uhooo.store and are provided by e-mail by sending a message to the e-mail address of the Seller.
5. The Customer may contact the Seller by post at the address mentioned in paragraph 2b and by e-mail at info@uhooo.store .

§2

[TERMS OF SERVICE]

1. In order to place an order via the Shop, the Customer must meet the following technical requirements:
   1. have a computer, laptop, or any other device connected to the Internet;
   2. have access to email;
   3. use a web browser (it is recommended to use the latest version),
   4. use a minimum screen resolution of 1024×768,
   5. enable the option to save cookies in the web browser.
2. The online shop provides access to online services in the form of:
   1. an order form,
   2. newsletter,
   3. user account,
   4. a contact form.
3. The Shop does not charge any fees for the performance of the aforementioned services.
4. The aforementioned services are provided for an indefinite period of time. The Customer may opt out of the service at any time by sending an appropriate e-mail message to the e-mail address of the Seller. The Customer may withdraw from the contract for the provision of each of the services within 14 days from the date of placing the order, without the need to state a reason, in the way stipulated above.

§3

[CONCLUSION OF CONTRACTS]

1. The contract is concluded between the Seller and the Customer.
2. All prices provided on the Shop website are gross prices (inclusive of VAT) expressed in Polish zlotys, euros or US dollars, depending on the Customer’s choice. The prices of products do not include shipping costs.
3. Where relevant, the Seller shall exercise due diligence to ensure that photographs of products properly reflect their colour, character, texture and condition. The colours of products presented on photographs may slightly differ from reality due to different resolution, calibration and brightness of the Buyer’s computer screen on which the photographs are displayed or due to the use of flash. For this reason, the Shop includes a description of the product and its colour. Should there be any doubts, please first contact the Seller.
4. Orders may be placed on the Shop website using the Order Form (without registration) or by User Account. The Seller does not conduct sales by phone.
5. In order to make a purchase, the Customer selects products that interest them in the Shop by clicking an appropriate button. After the Customer is done selecting products, they move to the tab where they can select the product delivery method and the payment method.
6. Afterwards, the Customer clicks the “Order and pay” button, which will redirect the Customer to the webpage containing information on the order. This information includes, but is not limited to, main features of ordered goods, total price including taxes and shipping costs, the Customer’s data as entered on the order form.
7. To place an order, the Customer must confirm placing the order by clicking the “Order and Pay” button located under the order summary. 
8. Clicking the “Order and Pay” is equivalent to the Customer acknowledging that they placed an order with the obligation to pay. 
9. A sale contract is concluded when the Customer confirms the placement of the order, i.e. upon clicking the “Order and Pay” button.
10. After the Customer places an order, the Seller sends an e-mail confirming order placement along with information about its execution that include but are not limited to: key characteristics of ordered goods, order completion time,total price including taxes and shipping costs, the Customer’s data as entered on the order form.
11. The concluded contract shall be stored, secured and made available by:
    1. making these Terms of Service available on the Shop’s website,
    2. recording the contents of the contract in the Shop’s IT system.
12. The Seller reserves the right to refuse to complete the order under the sale contract, if contact and address information of the Customer is false.

§4

[PAYMENT DUE DATE AND METHODS]

1. The website offers the following forms of payment for the order:
   1. via a third-party payment provider (payment in advance)
2. The Customer is under an obligation to make payment within 3 business days from the date of purchase.
3. If it is necessary to refund funds for a transaction made by the Customer, the Seller shall effect the return to the same payment instrument using which the Customer made the payment.
4. the payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register granted by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, NIP 7792369887, REGON 301345068.

§5

[DELIVERY METHODS AND COSTS]

1. The Customer shall bear the costs of delivery of ordered products to the place of destination.
2. The products shall be delivered to the provided address anywhere in the European Union. Fees for product delivery are indicated in the panel and in the e-mail message confirming acceptance of the order.
3. The Seller offers the following product delivery methods:
   1. courier service.
4. Order completion time is up to 14 business days from the moment when payment for ordered goods is credited to the Seller’s account (or, in the case of payment by credit card, from the receipt of positive payment authorisation) or up to 21 business days (in the case of custom orders; about which the Seller will inform the Customer immediately).

§6

[RIGHT TO WITHDRAW FROM THE CONTRACT]

1. The provisions set forth in this Article constitute powers granted exclusively to a Customer who is a Consumer.
2. The Consumer has the right to withdraw from a contract concluded with the Seller within 14 days from the day on which the parcel is received, without the need to state a reason for withdrawal.
3. A statement of withdrawal from the contract may be submitted by the Customer by means of a contract withdrawal form available at the end of these terms of service, sent by post to the following address: ul. Planty 7, 05-080 Izabelin, Poland, and to the following e-mail address: order@uhooo.store .
4. Submitting the statement of withdrawal from the contract without using the form does not influence the effectiveness of the withdrawal. In order for the statement to be effective, it must be sent prior to the expiry of the time limit mentioned above.
5. The Seller shall immediately confirm acceptance of the statement of withdrawal from the contract by e-mail (to the address provided when placing the order).
6. The Consumer must return ordered products within 14 days from the date of sending the statement of withdrawal from the contract to the Seller.
7. Should the statement of withdrawal from the contract be sent, the contract is deemed invalid.
8. The Consumer shall bear all direct costs of returning ordered products.
9. The Consumer shall bear liability for damages for any diminished value of the goods where this diminished value results from using the goods in a manner exceeding beyond what is necessary to establish the nature, characteristics, and functionality of the goods, such as cleaning costs, component repair costs, label replacement costs. In order to determine the nature, characteristics and functionality of the goods, the Consumer must handle and check the goods in the same way as they would be able at a brick and mortar shop.
10. The Seller shall immediately, within 14 calendar days after receiving the statement of withdrawal from the contract at the latest, return all payments made by the Consumer, including product delivery costs (excluding additional costs associated with the delivery method selected by the Consumer other than the cheaper standard delivery method offered by the Shop), to the Consumer. The Seller shall return the payments using the same payment method as was used by the Consumer, unless the Consumer expressly agreed to another payment method.
11. The Seller may withhold the return of payments received from the Customer until they have received the Product back or until the Consumer has supplied proof that they have sent it back.
12. The right to withdraw from the contract does not apply to:
    1. service contracts, if the enterprise fully performed the service against express consent of the Consumer, who was informed prior to the commencement of service delivery that they will lose the right to withdraw from the contract once the service has been delivered,
    2. 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 deadline to withdraw from the contract
    3. contracts the subject of which is a non-prefabricated item produced according to the Consumer’s specifications or used to satisfy their custom needs,
    4. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
    5. contracts the subject of which is an item delivered in sealed packaging, which cannot be returned after the packaging is opened due to health or hygiene reasons, provided that the packaging has been opened after its delivery,
    6. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
    7. in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the entrepreneur has no control,
    8. in which the Consumer has expressly requested that the entrepreneur come to him to make urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract with regard to additional services or items,
    9. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery, 
    10. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
    11. concluded through a public auction,
    12. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision, for the provision of digital content that does not are recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing him/her by the entrepreneur about the loss of the right to withdraw from the contract.

§7

[PRODUCT COMPLAINTS (WARRANTY FOR DEFECTS)]

1. The Seller is under an obligation to deliver products that are free from physical and legal defects.
2. The liability of the Seller for physical or legal defects shall expire after two years from the product delivery date. Before the aforementioned time limit expires, the Consumer may notify the Seller about a defect by sending an appropriate e-mail message to the following address: order@uhooo.store.
3. The Consumer is not bound by the complaint submission methods mentioned above. They may submit a complaint in any way, provided that they use a durable medium.
4. A complaint must include:
   1. full name or business name of the buyer,
   2. address of residence / registered office for correspondence purposes,
   3. a proof of purchase provided with the product (e.g. receipt, invoice, proof of transfer, etc.),
   4. a precise indication of the goods being the subject of the complaint,
   5. an indication of the defect that does not conform to the contract and the date of its occurrence,
   6. a claim of the person submitting the complaint (withdrawal from the contract, price reduction, product replacement, defect removal),
   7. the date of its submission and a signature of the person submitting the complaint.
5. The Seller shall confirm the receipt of a complaint and call on the Consumer to immediately deliver the defective product to the Seller, so that the Seller may handle the complaint.
6. If the complaint is rejected, the goods shall be sent back along with a statement on why the complaint is not valid.
7. If the Seller does not respond to the Customer’s complaint within 14 calendar days from the date of delivery of such complaint, it shall be assumed that the Seller has accepted the Customer’s complaint and claims.

§8

[CONTRACTS CONCLUDED WITH ENTERPRISES PLACING ORDERS FOR
PROFESSIONAL PURPOSES]

1. The provisions set forth in this Article apply exclusively to contracts concluded with Customers who are enterprises placing an order for professional purposes.
2. Placing an order on behalf of a legal person or an organisational unit without legal personality is equivalent to submitting a statement that the person placing the order is authorised to represent the entity on whose behalf they are placing the order. Should an order be placed without appropriate authorisation, the person placing that order shall be liable for any and all damages arising from that fact.
3. The enterprise is under an obligation to examine the package delivered by courier in a customarily accepted way and, upon identifying any product defect or damage, perform any actions necessary to determine the liability of the courier.
4. The enterprise shall be lose its rights under the warranty, if it does not examine the item within the time and in a way customarily adopted for items of that kind and does not promptly notify the Seller about the defect, whereas if the defect is identified only at a later time – if it does not promptly notify the seller upon its identification.
5. The Seller reserves the right to terminate the contract concluded with an enterprise within 14 days from the date of its conclusion without the need to state a reason for termination.
6. Any and all disputes arising in connection with the performance of the contract concluded between the Seller and the Enterprise shall be settled by the competent court having jurisdiction over the registered office of the Seller.

§9

[NON-JUDICIAL DISPUTE RESOLUTION]

1. In order to resolve a dispute arising in connection with purchases made in the Shop, the Consumer shall have the right to request assistance from the following institutions before bringing a case to a common court of law:
   1. the permanent consumer arbitration court referred to in the Act on Trade Inspection of 15 December 2000, by filing a motion to settle a dispute arising from a contract of sale,
   2. the Voivodeship Trade Inspection Authority, by filing a request to initiate mediation proceedings in order to resolve the dispute amicably,
   3. the district or municipal consumer ombudsman or a social organisation protecting consumer rights.
2. Detailed information on possible non-judicial dispute resolution options and available procedures is provided in registered offices and at websites of such institutions as the Trade Inspection Authority, district (municipal) consumer ombudsmen, social organisations protecting consumer rights, and the Office of Competition and Consumer Protection (UOKiK).
3. Online dispute resolution platform for consumers and entrepreneurs at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual webpage with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

§10

[FINAL PROVISIONS]

1. The Seller reserves the right to amend the Terms of Service at any time due to changes in applicable law or changes in contract conclusion and performance methods. The amendments mentioned above shall not affect placed, performed or completed orders and contracts.
2. To any matters not regulated herein, the provisions of the generally applicable law, in particular the Act of 23 April 1964 – the Civil Code and 
3. the Act on Consumer Rights of 30 May 2014 shall apply.
4. The Terms of Service shall be effective as of 05-05-2021.

[PL] Regulamin strony UHOOO