TERMS AND CONDITIONS

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TERMS AND CONDITIONS

of the online shop: WWW.LILLYPETSHOP.PL

§1 

General provisions

1.1. These Terms and Conditions, hereinafter referred to as "Terms and Conditions", statutes about the use of the online store located at www.lillypetshop.pl

1.2. The owner of the store is Ewa Dziedzic trading as PAPILIO Ewa Dziedzic registered in the Business Activity Central Register and Information Record (CEIDG) operated by the Ministry of Economy of the Republic of Poland, principal place of business: Warsaw 04-620, ul. VI Poprzeczna 23, tax identification number NIP: 1251609934, statistical number REGON: 380869700, hereinafter referred to as the "Administrator".

1.3. Address of the store and contact details: website: www.lillypetshop.pl,  e-mail: shop@lillypetshop.pl, phone number: +48 601 404 790, postal address: 4 Junaków Street, 04-860 Warsaw, POLAND

1.4. By using the Electronic Services available through the Shop, the User agrees to be legally bound and to abide by these Terms and Conditions.

1.5. Customers are required to read and acknowledge these Terms and Conditions before placing an order and using the Electronic Services offered through the Shop.

1.6 Making a purchase in the Store requires that you have an active and efficient email account.

§ 2

Definitions

2.1. Terms used in these Terms and Conditions mean, respectively:

a) Shop - an online shop at www.lillypetshop.pl, selling products at a distance;

b) Customer - any entity making a purchase at the Shop in accordance with the Terms and Conditions, either the Consumer or the Entrepreneur;

c) User - any entity using the Internet who uses the Shop website.

d) Customer Account - a field containing data on transactions made by the Customer; an instrument for the execution of orders placed by the Customer;

e) Seller / Service provider - Ewa Dziedzic trading as PAPILIO Ewa Dziedzic registered in the Business Activity Central Register and Information Record (CEIDG) operated by the Ministry of Economy of the Republic of Poland, principal place of business: Warsaw 04-620, ul. VI Poprzeczna 23, tax identification number NIP: 1251609934, statistical number REGON: 380869700;

f) Newsletter - a service provided by the Online Shop for the User, who has consented (the User voluntarily submits the e-mail address, first and last name) to sending them a Newsletter, which means sending them all information about the Online Shop activities;

g) Consumer - a natural person who does a legal action with an entrepreneur, which is not directly related to his economic or professional activities;

h) Entrepreneur - natural person, legal person or entity without legal personality, acting on his own behalf in the course of economic activity or his job;

i) Workdays - days of the week from Monday to Friday, excluding public holidays;

j) Terms and Conditions - this document, which specifies the terms and conditions of use of the Online Shop and the purchase of products;

k) Registration - voluntary data provided by the Shop Customer by filling in the form;

l) Electronic services – shall refer to the services provided electronically by the Service Provider via the Shop.

§ 3

Types and scope of the Shop's activity of the Shop

3.1. Through the Store, there is conducted distance (via the Internet) selling of the assortment of accessories for pets.

3.2. All the offered items are new.

§ 4

Privacy policy

4.1. Detailed information on the privacy policy and cookies can be found here: Privacy Policy and Cookies

§ 5

Technical requirements

5.1. For proper and uninterrupted use of the Store, Customer's terminal / terminal equipment shall meet the following minimum technical requirements:

a) active internet connection,

b) cookies and Java Script enabled

5.2. The shop is not obliged to supply the Customer with the above devices and / or software.

5.3. The installation of the software mentioned in paragraph 5.1. is the subject of a separate license agreement between the Customer and the Licensor.

5.4. The store's website matches the screen resolution of over 320px width.

5.5. If any technical problems appear, please contact us at admin@lillypetshop.pl

§ 6

Rules of making a purchase

6.1. Before confirming a purchase, the shop provides the Customer with the following information:

a) the exact description of the product and its characteristics;

b) the total price of the ordered goods together with taxes, as well as the transport, delivery or postal charge - the summary of the total amount of the order with the delivery option selected;  

c) how and when the Customer shall pay for their order;

d) concerning the manner and date of the trader's performance.

6.2. Purchasing a product does not require registration in the Store.

6.3. The order is made via the form available on the shop page – after clicking the "I order with payment" button, which is located under the description of the product or in the summary of the shopping list / basket. In the form the Customer provides the following data:

a) name or business name

b) E-mail address

c) Phone number

d) NIP (for Customers who are entrepreneurs)

e) address details (for shipping)

6.4. The customer submits the order after becoming familiar with the information specified in the Terms and Conditions of the shop and the information specified in sec. 1, which shall be displayed electronically at the last stage of filling in the electronic form (the page preceding the expression of the will to sign the contract by clicking the "I order with payment" button).  After getting to know the collected information specified for a given Customer order, the Customer expresses the will to sign the contract by clicking the button "I order with payment".

6.5. All prices that can be seen on the Store's pages are given in the currency selected by the Customer (PLN/EUR/US/AUD/WON/JEN) and include taxes.  The price displayed in the basket summary includes shipping costs (according to the shipping country and option selected by the Customer).

6.6. The shop is obliged to deliver the goods without defects.

6.7. The order is deemed to have been accepted after the Store has accepted the order placed by the Customer - and the order is accepted in the following way:

a) confirmation of the acceptance of the order is automatically sent after the order has been placed by the Customer;

b) The shop may suspend acceptance of the order when the truthfulness or reliability of the data indicated by the Customer in the registration form are doubted. In such a case, the Shop will immediately contact the Customer to clarify any doubts.

c) If a part of the products covered by the order is unavailable, the Customer shall be immediately informed about this. The customer decides whether the order is to be partially or completely canceled.

6.8. Both the Customer and the Store are bound by the price of the Product at the time of placing the order.

§ 7

Payments

7.1. At the Shop, the following payment methods are accepted:

a) bank transfer (prepayment): the payment for the Order will be transferred to the bank account of the Store given in the e-mail confirming the submission of the Order;

b) online payment via tpay.com (prepayment);

c) payment by credit or debit card via PayPal (prepayment);

d) online payment via PayPal (prepayment);

e) cash payment (at delivery of courier postage) *domestic shipping only.

7.2. Rules concerning making payments by Customers through the electronic payment system tpay.com are available at www.tpay.com. Using the online payment system requires prior acceptance by the Customer of these services. Terms of service are available on the link provided on the Website.

7.3. PayPal's Payment Policy and Complaints Procedure are available at www.paypal.com. Payment via the online payment system requires Customer's prior approval of these Terms of Service. Terms of service are available on the link provided on the Website.

7.4. The deadline for payment is 5 workdays from the date of placing the order. 

§ 8

Delivery and shipping of the order

8.1. The realization process of the order begins:

a) after posting the funds in the bank account of the Service Provider (for orders paid for by bank transfer)

b) when the customer receives an automatic e-mail with information about accepting the payment (for online payments via tpay.com or PayPal),

c) after receiving an order confirmation e-mail (in the case of orders paid for on receipt)*domestic shipping only

8.2. When all the goods ordered by the Customer are completed and ready for shipment, the Shop sends an e-mail about the shipment.

8.3. After the Order is sent by the Shop to the Customer, the delivery will take place, depending on the country of delivery and the mode of shipment:

a)        Domestic shipping:

- FedEx / DPD: 1-2 workdays,

- Paczkomaty Inpost (a self-service pick-up station): 1-2 workdays.

b)        International shipping:

- For more details please visit Delivery and payment methods tab

All shipments are sent by the courier companies and 90% of shipments are delivered on time. Unfortunately, these 10% are the cases where the courier company fails to properly redeem its obligations due to various causes such as: breakdown of the delivery van/plane, heavy traffic jams, severe weather conditions, accidents, oversights and human errors and lack of presence of the Recipient at the delivery address.

8.4. The order is sent within 5 workdays from receiving the payment by the Shop. The order preparation and delivery time differs depending on the goods purchased. 

8.5. If there is no Product or Products covered by the Customer's Order in the Store, and they will not be manufactured within the time foreseen for the Order, the Service Provider will inform Customer about this by sending a message to the Customer's e-mail address or by telephone. At the same time, he shall propose ordering alternative Goods, dividing the Order into parts or cancelling the whole Order or the part of it.

8.6. If the Customer does not agree to receive the Order with alternative products, the Order will be canceled (whole or in part) in accordance with the Customer's choice.

8.7. If, in the situation described in 8.5. and according to customer choice, the order will be divided, the customer bears only the cost of delivery of the first consignment. The costs of delivery of the remaining shipments resulting from placing the new Order (because of the division of the Primary Order) are borne by the Shop.

8.8. Irrespective of the rights described above, in the absence of goods in the Warehouse or the impossibility to complete the Customer's order, the Online Shop can cancel the contract within 30 (thirty) days from the date of its conclusion.  If the expected delivery time is longer than 30 (thirty) days, the Online Shop can withdraw from the contract within the time allowed for completing the order. If the payment for the goods occurred in advance - Online Shop will refund the Customer the charge for the goods immediately after canceling the order.

8.9. If the Customer fails to make any decision in the circumstances referred to in 8.5, and/or if the Shop failures to contact the Customer for reasons not depending of the Service Provider, the Service Provider may execute, within 30 days of the occurrence of such event, a contractual right of withdrawal from the order in its entirety.

8.10. If the order is cancelled (in the situation described in connection with 8.6.), and the Customer has already paid for the Order, the Service Provider will pay the Customer the amount paid (or any portion thereof in the case of performance of the Order in part) in accordance with generally applicable law.

8.11. If the payment is not made or the confirmation of the Order is not sent by the Service Provider within 5 workdays, the Order will be canceled by the Service Provider, and the Customer will be notified via email about this.

8.12. Shipments are sent via:

a)        Domestic shipping:

- FedEx;

- DPD;

- Paczkomaty Inpost (a self-service pick-up station);

b)        International shipping:

- DPD;

- UPS.

Costs and shipping policies are specified on the Delivery and Returns tab.

8.13. If the Customer orders more than one Good, the Goods are generally packed in a single shipment unless the Customer selects the other kind of packaging and many different shipping kinds for each good.

8.14. Maximum delivery time under the Consumer Rights Act lasts up to 30 days (time of shipping by the courier company is not included). If the deadline indicated in the preceding sentence is exceeded, the consumer is entitled to designate an additional time for the supplier.  If the item is still not delivered, the customer may withdraw from the contract.

8.15. If the sent shipment is not received by the Customer, all costs for its return and another sending of it will be borne by the Buyer. 

8.16. If the goods are to be sent by the Shop to the Customer who is the the consumer, the risk of accidental loss or damage to the goods (goods) is passed on to the Customer upon delivery to the Customer. Issuing the goods (cargo) is considered as having them entrusted by the Shop to the carrier if the Store has no influence on the choice of the carrier by the buyer.

8.17. Together with the product, the Shop sends an information form (withdrawal notice) and a return form (also to be downloaded from the Delivery and Returns tab).

8.18. The customer will be notified about sending the goods by e-mail. If they choose a courier delivery, the Customer will receive an e-mail with the shipping number. To get to know where the shipment is located, one can find information about the location of it at the following address:

- Inboxes “Paczkomaty Inpost”:https://twoj.inpost.pl/pl/znajdz-przesylke;

- FedEx: http://www.fedex.com/pl_english/;

- DPD Poland shipping company: http://dpd.com.pl;

8.19. A confirmation receipt is sent with the Product.  Upon customer's request, there can be issued a VAT invoice. The customer is obliged to provide full details necessary to properly issue the VAT invoice:

a) Name/company name;

b) address/address of the office,

c) Tax ID number (NIP) - for companies

d) mailing address

8.20. Each Registrant and / or ordering Customer agrees to receive, at their e-mail address, information related to the course of the transaction, as well as notifications of changes in these Terms and conditions.

8.21. Other information about the Service, as well as messages containing commercial information about new products or services of the Website, promotions and products of the Administrator's partners will be sent only to those Customers who have given their consent to receive those.

§ 9

Complaints

9.1. When it comes to giving complaint, the Customer being a Consumer may use the powers conferred by the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended)  and the Act of 30 May 2014 on consumer rights ( Journal of Laws of 2014, item 827 of 24 June 2014).

9.2. The shop is liable to the customer for warranty, if the sold item has a physical or legal defect. The physical defect consists in the incompatibility of the item (s) sold with the contract. In particular, the item sold (goods) is incompatible with the contract if: A) there is no property which this kind of thing should have due to the purpose of the contract marked out either due to circumstance or destination; B) there is no property that the Shop has provided to the Customer including a sample or design; C) not suitable for the purpose of which the Customer informed the Shop at the conclusion of the contract and the Shop did not raise any objections to such a destination; The item (goods) that is sold is particularly incompatible with the provisions of the contract if:

a) its characteristics are different from those which this kind of thing should have according to the purpose marked out in the contract - and this is done either accidentally or purposefully;

b) its characteristics are different from those that were included in a sample or design given to the Customer by the Shop;

c) the item is not suitable for the purpose for which the Customer wants to use it (and of which the Shop was informed about this at the conclusion of the contract and did not raise any objections to this);

d) the item has been rendered incomplete to the Customer.

9.3. Complaints regarding the ordered goods may be submitted by e-mail: shop@lillypetshop.pl or by registered mail to 4 Junaków Street, 04-860 Warsaw, POLAND

9.4. For the complaint form to be the most convenient to fill in, there is available a sample complaint form: at http://lillypetshop.pl/pic/returnform.pdf. Using this form is optional.

9.5. When submitting a complaint, please provide the following information: Customer's name, address, sales identification data (eg login, order number, date of transaction), object and cause of complaint, and contact details.

9.6. By defining the manner of realization of the Shop's obligations in the scope of a reported complaint concerning the occurrence of physical or legal defects of a thing, the Customer being the Consumer can make a statement saying about price reduction or withdrawal, unless the Shop immediately and without excessive inconvenience to the Customer exchanges the defective item for the one free from defects or defects will be removed. This restriction does not apply if the item has already been exchanged or repaired by the retailer (Shop) or the Shop has not fulfilled the obligation to exchange the item for free or to remove the defect.

9.7. If the Customer is a Consumer, they may demand replacement of the defective item instead of repairing it by the Shop, unless it is impossible to replace the item so that it suits to the characteristics described in the contract in the manner chosen by the Customer or it requires excessive costs (more excessive than the manner suggested by the Shop). When assessing cost overruns, the Shop takes into account the value of the defect-free item, the nature and significance of the defect, and the disadvantages that the Customer would otherwise be exposed to.

9.8. The reduced price should remain in such proportion to the price described in the contract, in which the value of the thing with a drawback remains to the value of the thing without a fault.

9.9. The customer can not withdraw from the contract if the defect of the item is irrelevant.

9.10. Complaints made by the Customer will be dealt with within 14 days of their notification. If the Shop does not make any statement within this period, the Customer shall consider this as the acknowledgment of any claims made by the Customer.

9.11. The customer will be notified of the settlement of the complaint submitted by the same way the complaint was sent, unless the Customer wishes another form of contact. The settlement of the complaint will also be sent electronically to the e-mail address indicated by the Customer.

9.12. If the settlement of the complaint is positive, the Shop will send to the Customer an item free of defects or with a defect removed within a reasonable time. If the repair of the item or its replacement for a new product are not possible due to the reasons described in paragraph 9.6. and 9.7., the Shop shall (according to an alternative made by the Customer) reduce the price of an item or return the equivalent of the price of the product, adding the shipping costs.

9.13. The right to the warranty is excluded from the Customers who act as Entrepreneurs.

§ 10

The withdrawal from the contract by the Consumer

10.1. According to the Act of 30 May 2014r. about the Consumer Rights (Journal of Laws of 2014, item 827), a Customer acting as Consumer has the right to pose a written waiver of the contract without giving a reason within fourteen days of receiving the item, ie from the moment the Customer came in possession of the item or from the moment when a third party other than the carrier designated by the Customer has come into possession of the property.

10.2. To keep the fourteen day period referred to in paragraph 10.1, it is sufficient to send a declaration of withdrawal before it the period expires. The declaration may be submitted in the form of a form, the model of which is set out in the appendix to this Regulation and will be attached in paper by the Shop to the product.  Using this form is optional.

10.3. According to art. 38 of the Consumer Rights Act, in accordance with the law, the right to withdraw from a distance contract is not available to the Consumer when the subject matter of the supply is unprofessional, manufactured to the consumer's specifications or catered to his individual needs.

10.4. If the Customer withdraws from the contract, they are obliged to return the goods to:

LILLY PET SHOP Ewa Dziedzic

4 Junaków Street

04-860 Warsaw

POLAND

or transfer it to a person authorized by the Store to receive it. The Customer shall do this immediately, and no later than 14 days from the date of receiving the consignment.  Returned goods should be packed in such a way that it can not be damaged in transport

10.5. If the Customer uses the privilege referred to in sec. 10.1, the direct costs of returning the goods shall be covered by the Customer.

10.6. If the Customer withdraws from this contract, all payments received from it - including the cost of delivery of the item (except for the additional costs of the Customer's choice of delivery other than the cheapest ordinary delivery method offered within the delivery of the goods available at the Shop) - shall be returned promptly. The return should take place no later than 14 days from the date of receipt of the parcel returned by the Lilly Pet Shop.

10.7. The Shop returns the payment with the same method of payment as the Customer used, unless the Customer expressly agrees to another way of reimbursement, which is not binding on him at no cost.  

10.8. The store may withhold from returning the payment until the Goods (items) are returned.

10.9. The Consumer is responsible for reducing the value of the property resulting from the use of it in a way other than this needed for checking the item - that is establishing its nature, characteristics and functioning.

§ 11

Final provisions and description  of the possibilities for using court methods of handling complaints and claims

11.1.   The provisions of these Terms and Conditions do not purport to exclude or limit any rights of the Customer who is simultaneously a Consumer entitled to use the mandatory laws.  In case of non-compliance of the provisions of these Terms and Conditions with the aforementioned laws, these laws shall prevail.

11.2. In matters not covered by this document, there applies provisions of Polish law, including in particular the Act of 30 May 2014 on consumer rights (Journal of Laws  of 2014, item 827 of 24 June 2014) and the Act of 23 April 1964  - Civil Code (Journal of Laws of 1964, No. 16 item 93 with amendments).

11.3. Any information concerning the possibility of using out-of-court complaint and redress procedures, as well as of access to these procedures is available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectors of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

i. http://www.uokik.gov.pl/spory_konsumenckie.php;

ii. http://www.uokik.gov.pl/sprawy_indywidualne.php;

iii. http://www.uokik.gov.pl/wazne_adresy.php;

11.4. The Customer, beingwho is also the Consumer, has the right to use the following extrajudicial means of dealing with claims and redress:

i. Permanent Consumer Arbitration Court acting at the Trade Inspection - the Customer may request a settlement of a dispute arising out of the concluded Sales Agreement;

ii. a voivodship inspector of the Trade Inspection - the Customer may request the initiation of mediation proceedings on amicable matters until the dispute between the Customer and the Shop ends;

iii. district (municipal) consumer advocate or social organization, whose statutory tasks include consumer protection (eg Consumer Federation, Polish Consumer Association). Advice is provided by the Consumer Federation under the free consumer helpline: 800 007 707 and by the Association of Polish Consumers: porady@dlakonsumentow.pl;

iv. the Online Disputes Resolution (ODR) platform - available at: http://ec.europa.eu/consumers/odr/  

 

Attachments to the Terms and Conditions

1. INFORMATION CONCERNING THE USE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT - NOTICE OF WITHDRAWING FROM THE CONTRACT

Right of withdrawal:

1.1. You have the right to withdraw from the contract within 14 days without giving any reason.

1.2. The termination date shall expire 14 days after the date on which you came into possession of the item or a third party other than the carrier or a person indicated by you entered the possession of the property.

1.3. To use your right of withdrawal, you must inform Lilly Pet Shop of your decision to withdraw from the contract by a clear statement. (Please note that the statement may be sent by regular mail or by e-mail.)

Please send the return form by:

traditional mail:

LILLY PET SHOP Ewa Dziedzic

4 Junaków Street

04-860 Warsaw

POLAND

or by e-mail: 

shop@lillypetshop.pl

1.4. The cost of shipping the returned product is borne by the Buyer. The store does not accept cash on delivery parcels.

Return address:

LILLY PET SHOP Ewa Dziedzic

4 Junaków Street

04-860 Warsaw

POLAND

1.5. The effects of withdrawal

If you decide to withdraw from the contract, the refund will be made within 14 working days of receiving the package with the goods returned by us. We will reimburse you using the same payment methods used in your original transaction unless you have explicitly stated otherwise.

Please send or hand us the item immediately, and not later than 14 days from the date of receiving the shipment. This deadline is retained if you send the item before the 14-day period expires

2. RETURN FORM  (download it HERE)


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