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Store Regulations

CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS AND CONDITIONS OF CONTRACT OF SALE
  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
  6. PRODUCT COMPLAINT
  7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT OF WITHDRAWAL
  9. FINAL PROVISIONS
  10. MODEL WITHDRAWAL FORM
  11. GENERAL PROVISIONS

GENERAL PROVISIONS

1.1 The online store available at the internet address www.furfable.com is operated by FLUFFY FRIENDS LAB SPÓŁKA AKCYJNA

1.2 The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, first of all, the principles concerning the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the user of the Online Store, the Customer or the Client is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.3 Definitions:

1.3.1. WORKING DAY – one day from Monday to Friday excluding public holidays.

1.3.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.

1.3.3. ORDER FORM – Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.3.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.3.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

1.3.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.

1.3.7 NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.

1.3.8. PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.

1.3.9 REGULATIONS – these regulations of the Online Store.

1.3.10 INTERNET SHOP – the Service Provider’s online store available at the following internet address: www.FurFable.com.

1.3.11. SELLER; SERVICE PROVIDER – FLUFFY FRIENDS LAB SPÓŁKA AKCYJNA NIP: 9571165526, with its registered office in Gdańsk, ul. Jaśkowa Dolina 132/20, 80-286 Gdańsk, Poland.

1.3.12. SALE AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.

1.3.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.

1.3.14. SERVICER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity.

1.3.15. CONSUMER RIGHTS ACT, ACT – Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.3.16. ORDER – the Customer’s declaration of will made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

ELECTRONIC SERVICES IN THE ONLINE STORE

2.1 The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.

2.1.1. Account – the use of the Account is possible after the Customer completes the Registration Form.

2.1.1.1. the Customer may, at any time and without giving any reason, request the deletion of the Account by sending an appropriate request to the Service Provider

2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed after the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “I buy and pay” box on the Web Store page after completing the Order Form. – Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment.

2.1.2.1 The Electronic Order Form Service is provided free of charge and is of a one-time nature and shall terminate at the time of placing an Order through it or at the time of earlier discontinuation of placing an Order through it by the Customer.

2.1.3. Newsletter – using the Newsletter is possible after providing in the “Newsletter” tab visible on the Online Shop website the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Sign up” box. You can also sign up for the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order – the moment the Account is created or the Order is placed, the Customer is signed up for the Newsletter.

2.1.3.1 The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider.

2.2 Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1366×768; (5) enable cookies and Javascript in your web browser.

2.3 The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.

2.4 Complaint Procedure for Electronic Services:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) may be submitted by the Customer in electronic form via e-mail to info@furfable.com.

2.4.2 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client’s request; and (3) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.3 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

TERMS AND CONDITIONS OF CONTRACT OF SALE

3.1 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.

3.2 The price of the Product shown on the website of the Online Store is given in Polish Zloty and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

3.3 The procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.

3.3.2 After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer a relevant e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.4 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:

4.1.1 Payment by bank transfer to the Seller’s bank account.

4.1.2 Electronic payments and payment card payments via PayU service.

4.2 Payment term:

4.2.1 The Customer shall be obliged to make payment within one day from the date of conclusion of the Sales Agreement.

COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

5.1 Delivery of the Product is available: Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Latvia, Lithuania, Luxembourg, Poland, Portugal, Romania, Spain, United Kingdom.

5.2 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

5.3 The Seller shall make available to the Customer the following methods of delivery of the Product:

5.3.1 Courier Delivery.

5.3.2 InPost parcel machines

5.3.3 Personal collection

5.4 The deadline for delivery of the Product to the Customer is up to 2 Business Days, unless a shorter deadline is specified in the description of the Product or during the placing of the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 4 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:

5.4.1 If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or checking account.

PRODUCT COMPLAINT

6.1 The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

6.2 The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller’s responsibility for Product defects and the Customer’s rights are specified on the Online Store website in the information tab regarding complaints.

6.3 A complaint may be submitted by the Customer in electronic form via e-mail to: info@furfable.com.

6.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.5 The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has demanded replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it is considered that the Seller has recognized the demand as justified.

6.6 The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: 9571165526, Działkowców 15, 84-230 Rumia – with the annotation “Complaint”. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

7.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

7.3 The consumer has the following examples of out-of-court means of handling complaints and pursuing claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller’s place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, 8:00-18:00, call charge according to the operator’s tariff).

7.4 A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

RIGHT OF WITHDRAWAL

8.1 A consumer who has entered into a remote contract may withdraw from the contract within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be submitted, for example, in electronic form via e-mail to: info@furfable.com

8.2 A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in pt. 9 of the Terms and Conditions and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer may use the sample form, but it is not mandatory.

8.3 The period for withdrawal from the contract shall begin:

8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;

8.3.2. for other contracts – from the date of conclusion of the contract.

8.4 In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.

8.5 The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.6 The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: Działkowców 15, 84-230 Rumia

8.7 The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8 Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to pay:

8.8.1 If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.

8.8.2 The Consumer shall bear the direct costs of returning the Product.

8.8.3 In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance provided.

8.9 The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:

8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the contract;

(2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal;

(3) in which the object of performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individualized needs;

(4) in which the subject of performance is a perishable product or has a short shelf life;

(5) in which the subject of performance is a Product delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;

(6) in which the subject matter of performance is Products, which after delivery, due to their nature, become inseparable from other things;

(7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;

(8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products;

(9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;

(10) for the provision of daily newspapers, periodicals or magazines, except for a subscription contract;

(11) concluded through a public auction;

(12) for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;

(13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.

FINAL PROVISIONS

Contracts concluded through the Online Store are concluded in the Polish language.

9.1 Amendment of the Regulations:

9.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

9.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services – Account), the amended Terms and Conditions shall be binding upon the Customer if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

9.2.3 In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.

9.3 In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 no. 144, item 1204 as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000 (Journal of Laws.U. 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Dz.U. 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Consumer Rights Act; and other relevant provisions of generally applicable law.

MODEL WITHDRAWAL FORM(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form (this form must be completed and returned only if you wish to withdraw from the contract)

– Address:

FLUFFY FRIENDS LAB JOINT STOCK COMPANY

Jaskowa Dolina 132/20

80-286 Gdansk

NIP: 9571165526

Contact Information:

FLUFFY FRIENDS LAB JOINT STOCK COMPANY.

Jaskowa Dolina 132/20

80-286 Gdansk

e-mail: info@furfable.com

– I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*).

– Date of contract(*)/acceptance(*)

– Name of consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper)

– Date

(*) Delete as necessary.