ONLINE SHOP REGULATIONS

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

  1. The Regulations specify the terms and conditions for the provision of electronic services, including the use of the Shop services and the rights, obligations and conditions of the Seller’s and the Customer’s liability. The Regulations also include information that the Seller is obliged to provide to the Consumer in accordance with applicable laws, including the Consumer Rights Act of 30 May 2014 (Dz.U. [Journal of Laws] of 2014, item 827 as amended).
  2. All Customer should read the Regulations. By starting using the Shop services, the Customer confirms that he/she accepts the Regulations.
  3. The Regulations are available on the website of the Shop and are provided free of charge before the conclusion of the agreement. At the Customer’s request, the Regulations are also made available in a manner that allows obtaining, retrieving and recording their content via the communication system used by the Customer (e.g. e-mail).
  4. Basic definitions:
    1. Regulations: Online Shop Regulations;
    2. Shop or online shop: Online Shop run by the Seller at https://dogagilitytunnels.eu and http://cool-dog.eu;
    3. Seller: DOGSTAR Roman Maruszczak, Łęgowska, 9A, 44-153 Smolnica, conducting business under the name DOGSTAR Roman Maruszczak, entered into the Central Registration and Information of Business, Tax Identification Number NIP: PL9691311226, Statistical Number Regon: 277886776;
    4. Customer: a natural person who is over 18 years of age and has full legal capacity, a legal person or an organizational entity without legal personality, but which is entitled to acquire rights and incur obligations in its own name, who establishes a legal relationship with the Seller in respect of the operations of the Shop. The Customer is also the Consumer, if there are not any separate provisions in relation to the Consumer in this matter;
    5. Consumer: the Customer who is a natural person conducting a legal transaction (purchase) with the Seller, provided such transaction is not directly related to his/her business or professional activity;
    6. Goods or Product – goods sold in the Shop, offered by the Seller, produced to the Customer’s order;
    7. Special Goods or Special Product – Goods or Products sold in the Shop, produced to the Customer’s special order;
    8. Agreement – an agreement concluded at a distance, for the purchase of the Goods;
    9. Order – instruction to purchase the Goods given by the Customer using Means of technical communication;
    10. Form – a script constituting a means of electronic communication, which allows placing an Order.

CHAPTER 2. GENERAL AND TECHNICAL INFORMATION

  1. The Seller offers the following types of services provided electronically – online shop.
  2. The Seller provides services electronically in accordance with the Regulations.
  3. The technical condition that the Customer must meet to be able to use the Shop services is having a computer or other devices allowing browsing the Internet, access to the Internet and current and active e-mail account.
  4. The Customer must not deliver illegal content.
  5. Using the Shop services may involve risks typical for using the Internet, such as spam, viruses, hacker attacks. The Seller shall take actions to prevent such threats.
  6. The Customer does not have to create an account on the website of the Shop.

CHAPTER 3. PERSONAL DETAILS

  1. The personal data provided by the Customers are collected and processed by the Seller in accordance with applicable laws.
  2. The personal data are processed based on the consent of the Customers and the statutory authorization to process personal data pursuant to the Act on Personal Data Protection of 29 August 1997 (Dz. U. [Journal of Laws] of 2014, item 1182 as amended) and the Act of 18 July 2002 on Providing Services by Electronic Means (Dz.U. [Journal of Laws] of 2013, item 1422 as amended).
  3. The Seller warrants that the personal data of the Customers will not be made available to any unauthorized entities. The personal data of the Customers may be made​available to entities entitled to receive it under applicable laws, including the relevant authorities.
  4. Detailed information, including information about the possibility of using the Shop services anonymously or under a pseudonym, technical measures used to prevent obtaining and modification of personal data by unauthorized persons, delegation of the processing of personal data can be found on the website of the Shop.

CHAPTER 4. SALE

§ 1. Goods
  1. All products offered by the Shop are new and have no defects.
  2. A detailed description of the Goods can be found on the website of the Shop.
  3. The Seller is obliged to sell the Goods which are new and have no defects.
  4. The Goods may be sold with a warranty or after-sales services option. Detailed information about it is provided in the description of the Goods.
  5. The Seller may offer ex-display Goods at a reduced price. Information about it will be provided in the description of the Goods. The ex-display Goods will be treated as new ones in terms of the Customer’s rights.
§ 2. Orders and their implementation
  1. An order can be submitted by filling out a Form, available in the Shop.
  2. The Customer is obliged to carefully fill in the Form providing all the data in accordance with the facts and identifying the selected method of payment and delivery.
  3. In the Form the Customer provides all the data and makes a statement on the acceptance of the Regulations, processing of personal data, providing commercial information as well as privacy policy and cookies.
  4. Orders can be placed with the Shop 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays and holidays are processed the next working day.
  5. Placing an Order does not imply entering into an agreement or an obligation to make payment. Based on an Order the Seller will prepare and send the Customer, to the e-mail address specified by the Customer, a detailed offer with prices and proforma invoice (with all the details of the offer and payment data). By making the payment, the Customer accepts and enters into the agreement.
  6. The order shall be fulfilled within 3 to 21 working days (from the date on which the account is credited with the payment to the date of dispatch), unless the specificity of the Goods requires a longer lead time, in which case the Customer will be informed about it prior to the payment (information will be provided on the proforma invoice). If no information about a different time of performance is provided on the proforma invoice, the order will be executed within the period specified in the Regulations.
§ 3. Payments
  1. All prices of the Goods given in the Shop are gross prices in Polish zloty or in Euro (the prices include VAT). The price of the Goods does not include the costs referred to in paragraph 2 below. The prices given in the Shop are estimated prices; the final price is given on the proforma invoice and cannot be higher than the price given in the Shop.
  2. The costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the manner of delivery of the Goods chosen by the Customer. Information about the amount of these costs is provided to the Customer and consulted individually with the Customer before the purchase of the Goods. The Seller, at its sole discretion, may offer free shipping of the Goods.
  3. The payment for the Goods shall be made before the shipment of the Goods (prepayment). The Customer should pay/transfer the amount due to the bank account of the Shop in accordance with the proforma invoice. The Order shall be executed once the bank account of the Shop is credited with the Customer’s payment.
  4. For each Product sold, the Shop issues a proof of purchase and provides it to the Customer in electronic form, unless the Parties separately agree otherwise.
§ 4. Supply
  1. The product is sent to the address indicated by the Customer in the Form in the shipping address field, unless the Parties agree otherwise.
  2. The following methods of delivery of the Goods are available:
    1. a courier service – the Seller proposes the cheapest option available on the market (the choice of the courier company depends on the country of destination and the quantity of the Goods);
    2. collection in person – following a prior arrangement with the Seller;
    3. collection at the agreed place – following a prior arrangement with the Seller;
    4. a courier company indicated by the Customer – following a prior arrangement with the Seller.
  3. The Seller has no influence on the date of delivery. Shipments should be delivered within 1 working day in Poland and within 7 working days in the EU (except for islands).
  4. Apart from the Goods, the Seller provides the Customer with all elements of their equipment, operating and maintenance manual and other documents required by the provisions of generally applicable law. The manual may be sent by e-mail with the invoice.
§ 5. Additional Information for the Consumer
  1. The Agreement is not concluded for an indefinite period and will not be subject to automatic renewal.
  2. The minimum duration of the Consumer’s obligations under the Agreement is the duration of the performance of the Agreement, i.e. making the payment and collection of the Goods.
  3. Using the Shop services by the Consumer is not connected with the obligation to pay a deposit or provide other financial guarantees.
  4. The Seller does not apply the code of good practice referred to in Article 2 Section 5 of the Act of 23 August 2007 on counteracting unfair market practices.

CHAPTER 5. LIABILITY

  1. Upon the release of the Goods to the Customer or the carrier, the benefits and burdens connected with the Goods and the risk of accidental loss of or damage to the Goods shall pass to the Customer. When selling the Goods to the Consumer, the risk of accidental loss of or damage to the Goods shall pass to the Consumer upon the release of the Goods to the Consumer. The release of Goods shall mean entrusting the Goods to the carrier by the Seller, if the Seller had no influence on the choice of the carrier as made by the Consumer.
  2. Liability under the warranty is excluded in legal relations with the Customers.
  3. The Seller is liable towards the Consumer if the Goods have a physical or legal defect (warranty) pursuant to the provisions of the Civil Code (Dz.U. [Journal of Laws] of 2014, item 121 as amended), with the proviso that if the Goods purchased by the Consumer are a used movable, the Seller is liable under the warranty if the physical defect is found before the expiration of one year from the date of releasing the Goods.

CHAPTER 6. PROCEDURE FOR INVESTIGATING COMPLAINTS

  1. Any complaints about the defects in the Goods should be sent by the Consumer in writing to the following Seller’s address: ul. Łęgowska 9a, 44-153 Smolnica. Information about sending a notification may be also sent to the Seller by e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..
  2. A complaint should include a detailed description of the defect in the Goods, the serial number provided on the label of the Goods and the Consumer’s demand; it may also include photographic documentation.
  3. The Seller shall examine the complaint within 14 days. If the Seller does not reply to the Consumer’s complaint within 14 days, it shall be deemed that the Seller considered it justified.
  4. If the complaint is accepted, the Seller will take appropriate action as requested by the Consumer.
  5. There are non-judicial means of investigating complaints and pursue claims in legal relations with the Consumers.

CHAPTER 7. TERMINATION OF AGREEMENT

  1. The Agreement may be terminated by the Seller or the Customer pursuant to the provisions of the Civil Code (Dz.U. [Journal of Laws] of 2014, item 121 as amended).
  2. The Consumer has the right to terminate the Agreement within 14 days from the date of receipt of the Goods.
  3. Information about the termination of the Agreement by the Consumer is included in the instructions about the right to terminate the Agreement available on the website of the Shop.
  4. The Consumer does not have the right to terminate the Agreement in respect of agreements:
    1. on the provision of services if the Seller performed a service completely with the express consent of the Consumer, who had been informed before the provision of the service that once the service is provided by the Seller, the Consumer loses his/her right to terminate the Agreement;
    2. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for termination of the Agreement;
    3. in which the Goods are a non-prefabricated item manufactured according to the specifications of the Consumer or serving to satisfy the Consumer’s individual needs, including the Special Goods;
    4. in which the Goods are a perishable thing or a thing with a short shelf life;
    5. in which the Goods are the thing delivered in a sealed container, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after the delivery;
    6. in which the Goods are things which, after the delivery, due to their nature, are inseparably connected with other things;
    7. in which the Goods are alcoholic drinks, the price of which had been agreed at the conclusion of the Agreement, which can be delivered only after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control;
    8. in which the Consumer expressly requested that Seller to come to his/her location to carry out an urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer or delivers goods other than spare parts necessary for repair or maintenance, the Consumer shall have the right to terminate the Agreement in relation to additional services or goods;
    9. in which the Goods are sound or visual recordings or computer program delivered in a sealed package, if the package was opened after the delivery;
    10. for delivering newspapers, periodicals or magazines, with the exception of subscription agreements;
    11. concluded by a public auction;
    12. for the provision of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the date or period of the service performance;
    13. for the supply of digital content which is not stored on a tangible medium if the rendering of the performance began with the express consent of the Consumer before the deadline for termination of the agreement and once the Consumer is informed by the Seller about the loss of the right to terminate the agreement.

CHAPTER 8. FINAL PROVISIONS

  1. In all matters not settled herein, relevant provisions of generally applicable law shall apply to legal relations with the Customers or the Consumers.
  2. The Seller reserves the right to make changes to the Regulations, with the proviso that the version of the Regulations in force at the time of placing the Order shall apply to the agreements concluded prior to the change of the Regulations.
  3. Any deviation from the Regulations shall be made in writing or else shall be considered invalid.
  4. The court competent to settle any disputes between the parties will be the court competent pursuant to the relevant provisions.