Shop Terms and Conditions

Shop Terms and Conditions

These terms define the rules of providing sales services through the website of the online shop operating under the domain: agilix.dog

It is a document required under Article 13 of the Polish Consumer Rights Act of 30 May 2014 (Dz. U. 2014, poz. 827)

The SELLER and at the same time ADMINISTRATOR of the online shop is the company:

Before placing an order, the BUYER has the right to negotiate any provisions of the contract with the Seller, including those modifying the provisions of these terms – within the limits permitted by law. Such negotiations require written form to be valid. If the BUYER waives the option of concluding the contract through individual negotiations, the following terms apply.

A. Definitions

B. General Provisions.

Scope of activity – mail-order sale of handicraft items via website.

The SELLER applies the European Code of Conduct for Electronic Commerce. Below is a link to the Polish version of the Code: http://www.euro-label.com/pl/kodeks/index.html

The CLIENT is obliged to enter data into the system that is true, lawful, and in accordance with good practice. The data provided must not infringe upon the personal rights or property rights of third parties.

The SELLER is a VAT payer and issues a sales document (receipt or invoice) for each product sale transaction.

Commercial information – price lists, descriptions, advertisements, and other information about Products on the SELLER's website constitute an invitation to conclude a contract within the meaning of Art. 71 of the Polish Civil Code.

C. Order.

The ONLINE SHOP fulfills orders with delivery to addresses within Poland.

Before placing an order, the CLIENT must read these TERMS. The CLIENT explicitly confirms reading and accepting all provisions of these terms upon registration in the system and before final order confirmation. The order form will not be accepted without such confirmation.

Orders can be placed electronically 24 hours a day, 7 days a week.

Phone orders can be placed by calling the number provided in the CONTACT section. For a distance contract concluded by phone, the SELLER confirms the proposed contract content by sending it to the CLIENT on paper or other durable medium. To be valid, the CONSUMER submits a declaration of acceptance and conclusion of the contract – it is effective only if recorded on paper or other durable medium after receiving confirmation from the SELLER.

The SELLER fulfills the order (preparing and shipping the PRODUCTS):

• a) after order confirmation – if cash on delivery was selected;
• b) after receiving payment to the account – if prepayment was selected.
• c) for card payments – from the moment of positive authorization.

For products in stock, the order fulfillment period is no longer than 7 business days from the date determined in the previous point. In most cases, orders are processed within 1 business day. For larger orders, the timeframe will be determined at the time of ordering.

D. Prices.

Product prices listed in the shop offer are in Polish currency and are gross prices (including legally required taxes, including VAT).

The listed product prices do not include delivery costs.

The price binding for the CLIENT is the price valid at the moment the order is placed.

E. Payment Methods:

If prepayment by bank transfer is selected, the CLIENT is obliged to pay the price under the Sales Agreement within 7 days of its conclusion, unless the Parties to the Sales Agreement decide otherwise.

The SELLER has the right to limit available payment methods, including requiring full or partial prepayment.

F. Shipping of Goods

Delivery costs are borne by the CLIENT, unless the product offer description states otherwise.

When filling out the interactive order form, the CLIENT is informed about the costs, selects the shipping method, and accepts the shipping cost during ORDER placement.

For international shipments, shipping costs and delivery times are determined individually.

Purchased products are shipped by mail or courier companies.

If the client has selected the shipping option with "cash on delivery" payment – the client is obliged to collect the shipment with the ordered products. If the client – for any reason – fails to collect the shipment – the SELLER has the right to withdraw from the contract on the day of receiving the returned uncollected shipment.

G. Right of withdrawal from the contract

A CONSUMER who has concluded a distance contract has the right to withdraw from it within 14 calendar days without giving any reason – pursuant to art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827 as amended).

The withdrawal period starts on the day on which the CONSUMER (or a third party indicated by them other than the carrier) takes possession of the PRODUCT. In the case of a contract covering multiple PRODUCTS delivered separately – from taking possession of the last of the PRODUCTS.

To exercise the right of withdrawal, the CONSUMER should inform the SELLER of their decision by means of an unequivocal statement – by email to the SELLER's email address provided in the heading of these TERMS or in writing to the SELLER's correspondence address. To meet the deadline, it is sufficient to send the statement before the 14-day period expires.

In the event of withdrawal from the contract, the SELLER returns to the CONSUMER all payments received from them, including the costs of delivering the PRODUCT (except for additional costs arising from a delivery method chosen by the CONSUMER other than the cheapest ordinary delivery method offered by the SELLER), without undue delay and no later than 14 days from the date of receipt of the CONSUMER's declaration of withdrawal. Repayment is made using the same means of payment used by the CONSUMER, unless the CONSUMER has expressly agreed to a different method of refund.

The CONSUMER is obliged to return the PRODUCT to the SELLER's address no later than 14 days from the day on which they informed the SELLER of the withdrawal from the contract. The CONSUMER bears the direct costs of returning the PRODUCT. The SELLER may withhold repayment until the PRODUCT is received or until proof of its return is provided – whichever event occurs first.

The CONSUMER is liable for any diminished value of the PRODUCT resulting from handling it other than what is necessary to establish the nature, characteristics and functioning of the PRODUCT.

The right of withdrawal from a distance contract does not apply to the CONSUMER in the cases specified in art. 38 of the Act on consumer rights, in particular with respect to a contract in which the subject of the performance is a non-prefabricated PRODUCT, manufactured according to the CONSUMER's specification or serving to satisfy their individual needs (e.g. tugs personalised with the dog's name, HAUmiska bowls with a personalised engraving and other PRODUCTS made to individual order).

H. Liability under warranty and guarantee for sales involving a CONSUMER.

The SELLER is obliged to deliver the PRODUCT subject to the agreement – free from defects.

The SELLER is liable under warranty for physical defects that existed at the time of transfer of risk to the buyer or arose from a cause inherent in the sold item at that time – for a period of 2 years.

The SELLER informs that for PRODUCTS also covered by a guarantee, the buyer's rights and guarantor's obligations are specified and must be exercised in accordance with the conditions provided in the WARRANTY CARD. The granted GUARANTEE on the sold PRODUCT is an additional right and does not exclude, limit, or suspend the CONSUMER's rights under the SELLER's liability for warranty defects of the sold item (Art. 577 of the Polish Civil Code).

The SELLER is released from warranty liability if the CONSUMER was aware of the defect at the time of concluding the contract.

In the event of a defect or non-conformity of the delivered PRODUCT with the agreement, the CONSUMER has the right to file a complaint.

To file a complaint, we recommend that the CONSUMER describe the basis for the complaint and demands regarding defect removal, and submit the report electronically (email) or by mail to the SELLER's correspondence address provided in the header. Complaints can also be made by phone or orally.

The defective PRODUCT – by agreement with the SELLER – if possible and purposeful – the CONSUMER exercising warranty rights will be obliged, at the SELLER's cost, to deliver the item to the place specified in the sales agreement, or if no such place is specified – to the place where the item was issued to the CONSUMER. If, due to the nature of the item or the manner of its installation, delivery by the CLIENT would be excessively difficult, the CLIENT is obliged to make the item available to the SELLER at the place where the item is located.

If the sold item has a defect, the CLIENT may submit a declaration requesting a price reduction or withdrawal from the contract, unless the SELLER promptly and without excessive inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the SELLER, or if the SELLER has not complied with the obligation to replace the item with a defect-free one or remove the defect.

If the BUYER is a CONSUMER, they may, instead of the defect removal proposed by the seller, demand replacement of the item with a defect-free one, or instead of replacement, demand defect removal, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the manner proposed by the seller. When assessing the excessiveness of costs, the value of the defect-free item, the type and significance of the identified defect, and inconveniences that another method of satisfaction would expose the buyer to are taken into account.

The reduced price should remain in such proportion to the contract price as the value of the defective item bears to the value of the defect-free item.

The BUYER cannot withdraw from the contract if the defect is insignificant.

The SELLER will consider the complaint without undue delay. No later than within 14 calendar days from the date of receiving the complaint, the SELLER will inform the CONSUMER in writing or electronically of the status of the complaint processing. Leaving the complaint unanswered during this time is equivalent to acknowledging the complaint.

Upon accepting the complaint, the SELLER will reimburse the CONSUMER for costs related to the complaint incurred by the CONSUMER. The SELLER will transfer the due amount to the CONSUMER's bank account or by postal order.

If the acceptance of the complaint involves repair or replacement of the goods, the SELLER will send the product back to the CONSUMER at its own cost.

K. Processing and protection of personal data

The Administrator of the CLIENT's Personal Data processed in connection with the use of the ONLINE SHOP is the SELLER.

Providing personal data and consenting to its processing are entirely voluntary. All personal data provided to us is processed solely within the scope and for the purpose to which the CLIENT has consented. If the CLIENT does not provide data necessary to fulfill the order and does not consent to its processing, fulfilling the order may not be possible.

The Administrator ensures the security of the transferred data and the realization of CLIENTS' rights under the GDPR regulation.

The CLIENT has the right to access the content of their personal data and to rectify them, request their complete deletion or restriction of the right to process their personal data, the right to object to processing – for this purpose, you can use the function in the shop program to update user account data or please send a request (e.g., to the provided email address) specifying the demand to make changes or delete data from the records. The Client has the right to withdraw their consent at any time.

The CLIENT has the right to receive their data in a structured, commonly used, machine-readable format. They also have the right to transfer this data to another controller, without hindrance from the ADMINISTRATOR from whom the data is extracted (Art. 20(1)). Where technically feasible, the CLIENT may request the ADMINISTRATOR to transmit their data directly to another controller (Art. 20(2)).

The ADMINISTRATOR may refuse to delete the CLIENT's data only in cases indicated by applicable regulations, in particular if the CLIENT has not settled all dues to the ADMINISTRATOR.

To execute the contract, providing the following CONSUMER data is necessary:

All personal data provided during the ordering process is used solely for the formation, conclusion, modification, or termination of the Agreement between the SERVICE PROVIDER and the CLIENT, and for the fulfillment of the Sales Agreement or the Electronic Service Agreement or order execution, and is not shared with other institutions or third parties – except as described in point 6.

In the case of product sales through the ONLINE SHOP, to deliver products to the CLIENT, personal data necessary to address and deliver the shipment is transferred to companies professionally engaged in delivering shipments – in particular Poczta Polska and courier companies – together with entrusting the shipment for delivery.

Personal data is processed only for the period necessary for the performance of the contract or the realization of the purpose for which consent was given.

• for maintaining the account in the Online Shop database – the basis for processing this data is the contract (terms) accepted by the User. We will process this data as long as the User does not terminate the concluded contract or until any claims are time-barred;
• data in sales documents – for the period required by accounting regulations;
• email address used for sending the newsletter – for the duration of the user's consent. Consent may be withdrawn at any time;
• address data used to send marketing information about the Administrator's own services – (the basis for processing is the legitimate legal interest of the Administrator – Art. 6(1)(f) GDPR). We will process this data until the User objects to its processing for this purpose.
• after this period, they are deleted

The Client has the right to file a complaint about the ADMINISTRATOR's actions with the President of the Personal Data Protection Office.

L. Final Provisions

The contract is concluded in Polish and under the jurisdiction of Polish law. This choice, however, does not deprive the CONSUMER of the protection granted by provisions that cannot be derogated from by agreement under the law of the country in which the CONSUMER has their habitual residence, and the entrepreneur directs their activities to that country and the contract falls within the scope of those activities.

The provisions of these TERMS do not aim to exclude or limit any rights of the CLIENT who is also a CONSUMER within the meaning of the Act of April 23, 1964 – Polish Civil Code (Dz. U. nr 16, poz. 93, as amended) – granted to them under applicable law. In case of inconsistency between these TERMS and the above provisions, the above provisions take precedence.

The content of the Terms is available at all times in the TERMS tab on the SELLER's website and can be copied and printed at any time by the Buyer. The content of the TERMS can also be sent at any time by email or post at the CLIENT's request. The TERMS, along with attachments, are also provided to CLIENTS as an attachment to the email confirming order placement and contract conclusion.

In matters not regulated by these Terms, the applicable provisions of law shall apply, in particular:

If the TERMS contain provisions contrary to the above-mentioned or other applicable regulations in the Republic of Poland, these regulations take precedence over the formulations of the TERMS.

If any provision of these TERMS is deemed unlawful, invalid, or otherwise unenforceable to the extent provided by law, that provision is excluded to that extent. The remainder of the Terms remains in force.

All names of PRODUCTS offered for sale by the ONLINE SHOP are used for identification purposes and may be protected and reserved under the Industrial Property Law (Dz.U. 2001 nr 49 poz. 5081, as amended).

All photos posted on the WEBSITE are protected under the Act of February 4, 1994 on copyright and related rights (Dz.U. 1994 Nr 24 poz. 83, as amended) – they have a creative and individual character. They cannot be copied without the consent of the Website Administrator.

In case of disputes related to the performance of the concluded contract, the parties will seek to resolve the dispute through amicable out-of-court proceedings – including resolution before a mediator. If the dispute is not resolved amicably, the court competent to resolve the dispute will be the Common Court.

In fulfilling the obligation to indicate out-of-court methods of handling complaints and pursuing claims and the rules for accessing these procedures, we hereby inform you that current information in this regard is available at: http://prawakonsumenta.uokik.gov.pl. Consumers and entrepreneurs may use the online ODR platform established by the European Commission for amicable dispute resolution. The platform is available at: http://ec.europa.eu/consumers/odr/. UOKIK maintains a register of entities authorized for out-of-court resolution of consumer disputes at https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php.

Privacy and personal data protection

Pages of the Shop may include embedded content from other websites (e.g. videos, images, articles). Embedded content behaves in the exact same way as if the user had visited the other website directly. These websites may collect data about the user, use cookies, embed additional third-party tracking and monitor the user's interaction with the embedded content.

If a Customer requests a password reset for their account in the Shop, their IP address will be included in the email message sent, for security purposes.

Full information about personal data processing, cookies and Customer rights is available in our Privacy Policy.