Regulations - Totobi

REGULATIONS

  1. GENERAL PROVISIONS

    1. These regulations determine the rules of use of the online store available under the domain www.totobi.pet (hereinafter referred to as the “Store”), through which the articles (hereinafter referred to as “Product/s”) from the Store’s offer are sold.
    2.  The online Store is run by the Totobi company (hereinafter referred to as the “Seller”) with its registered seat in Krakow, address: 1-273 Krakow, 4/53 Batalionu Skała AK St. entered into the register of entrepreneurs of National Court Register for Krakow – Śródmieście district in Krakow, XI Commercial Division of the National Court Register, entry no. KRS: 0000725268, NIP: 945-221-86-24, REGON: 369826292, with the share capital of PLN5 000,00.
    3. The administrator of the personal data, processed for the realization of those regulations, is the Totobi company with its registered seat in Krakow, address: 1-273 Krakow, 4/53 Batalionu Skała AK St.
    4.  The Regulations are addressed to all the users of the Store and they determine the rules of registering and using the Store, the terms and conditions of making the online orders of the Products available in the Store, as well as the rules for concluding the agreements on selling the Products with the use of services provided by the Online Store.
    5. Each user of the Store may gain access to the Regulations at any time, by “clicking” the link “Regulations” on the Store’s website.
    6. A person responsible for the content on the Store’s website is the Seller, whom it is possible to contact via post, by sending the letter to the address of the Seller’s seat, mentioned in the 2nd paragraph above, or by sending an email to this address: totobi@totobi.pet.
    7. All the information mentioned on the Store’s website about the Products and their price apply only to the sales carries by the Store.
    8. Information about the Products in the Store, including descriptions, prices are an invitation to making the sales agreement within the meaning of Art. 71 of the civil code, in accordance with the Regulations.
    9. The sale is carried through the Internet in a form of a distance contract.
    10. Placing orders in the online Store is possible 7 days a week, 24 hours a day.
    11. The Products purchased via the online Store are delivered to the place and to the address mentioned in the order.
    12. To the fullest extent permitted by law, the Seller is not responsible for any disruptions in the functioning of the Store caused by force majeure, unpermitted actions of third parties, or an incompatibility of the online Store with the customer’s technical infrastructure.
  2. THE RULES OF USING THE STORE

    1. The Totobi company enables making the sales agreements via the Internet and provides other services mentioned in the Regulations.
    2. The agreement on selling the products is made between the user of the Store (a “CLIENT”) and the Totobi company with its seat in Krakow.
    3. The Client can be an entrepreneur as well as a Consumer. In the understanding of the Regulations, a Consumer is a natural person making a purchase of a Product for the purposes not directly connected with his business or professional activity (“Consumer”). Orders shipped abroad may be placed only by a Consumer.
    4. A requirement to begin using the Store are reading the Regulations and accepting item.
    5. The information given by the Client are ought to be truth, up – to –date and precise. The Totobi company reserves the right to refuse the realization of an order, if the given data is inaccurate to such extent that it makes the realization of the order impossible, especially if it precludes a proper delivery.
    6. A Client has the right to place single orders without registering or to register by creating the Client’s Account.
    7. Registering and creating the Client’s Account in the Store are to be made once. In order to log in on the Store’s website, one has to have a user name and a password set during the registration. The user name and password are confidential. The Client, after appropriately logging in, has the possibility to update the data.
    8. The Store undertakes all the possible and prescribed by applicable law technical and organizational means which serve to protect the Client’s personal data, and especially the means preventing the gaining and modifying by unauthorized persons the data given during the registration.
    9. A Client who used the Store is obliged:
      1. to not submit and to not disclose information unpermitted by the abiding law
      2. to use the Store in a way that does not disrupt its functioning
      3. Not to broadcast and not to place within the Store a marketing information not ordered by the Store
      4. To use the store in a manner not disruptive for other clients and for the Store’s Administration.
      5. To use the content placed on the Store’s pages for own use.
  3. PRICE AND THE PRODUCTS

    1. The Seller puts all the information concerning the significant featured of the Products on the Store’s website in a form of a description to each article together with its photo.
    2. The Product’s price visible on the online Store’s page is stated in polish zlotys and contains all its components , including VAT, duties, taxes. The price does not include potential costs of delivery.
    3. The changes in the Product’s price, made by the Seller, shall not concern agreements made before their implementation, or if they have not been realized up to that moment.
    4. The Seller may, via the Store, make sales covered by promotional campaigns of the Seller (e.g. sales, price reductions, sales covered by vouchers, etc.) The detailed rules of the promotional campaigns shall be announced each time by the Seller in the publications regulating their course and duration.
    5. Transactions made before a promotional campaign shall not be included in the terms of the promotional sales, even if they have not been made up to that point.
  4. THE CONCLUSION OF THE SALS AGREEMENT

    1. The agreement is concluded each time the Client places an order.
    2. The orders from the Clients are placed via the Store’s website.
    3. Placing an order is possible after:
      1. Properly filling in the registration form available on the Store’s website and creating an account in the Store, if the Client wishes to register;
      2. Reading and accepting the regulations;
      3. Filling in the order form from the Store’s website and sending it to the Store by pressing a “Order and Pay” button after logging in to the Client’s account, or in case of not having such an account – filling in and sending a single order form.
    4. While searching through the Store’s offer, the Client may to choose the Products which h wants to purchase, by clicking the “Add to the Cart” button. After choosing the Products and going to the Client’s Cart, the Client may place an order for the chosen Products.
    5. In the order the Client specifically:
      1. Chooses the assortment and the amount of the ordered Products
      2. Gives his personal data and the delivery address, if he is not registered in the Store.
      3. Chooses the transaction conformation (receipt, VAT invoice);
      4. Chooses the form of payment.
    6. Up to the moment of conformation of the chosen Products via “Order and Pay” button, the Client may make changes and modifications in the ordered Products as well as in the contact details for delivery of the invoice. Conformation of the order by the Client by pressing the “Order and Pay” button is equivalent with accepting the obligation to pay the price of the Products and their delivery, about which the Client shall be informed directly before accepting the order.
    7. Providing the personal data in the registration form or in the order form is necessary for making the transaction. The Client is obliged to provide correct data, making the contact and delivery possible.
    8. Accepting the order by the Client in accordance with point 6 above is the Client’s offer made for the Totobi company about the conclusion of the sales agreement, in accordance with the content of the order and the regulations.
    9. At the moment of placing the order, in accordance with the point 6 above, the Client shall receive to a given email address a message containing information about the placed order, amount of the ordered Products, the value of the order, chosen form of delivery and payment, the contact details of the Client and of the Store, as well as the information about the procedure of filing a complaint about the Products and about the Customer’s right to withdraw from the sales agreement. The above mentioned is a confirmation of receiving the Client’s purchase offer by the Store.  After receiving the above mentioned conformation, an agreement on selling the products ordered by the Client is concluded between the Client and the Totobi company.
    10. The sales agreement is concluded in the polish language  with its contents in accordance with the given order and the Store’s Regulations.
  5. PAYMENT AND DELIVERY

    1. The Seller provides the following forms of payment under the Sales Agreement to the Client:
      1. Credit Card (Mastercard or Visa)
      2. An electronic transfer via PayU or PayPal
      3. A pre – paid bank transfer.
    2. The delivery of the Products is carried in Poland and in the EU.
    3. The delivery of the Products to the Client is payable, unless the Sales Agreement states otherwise. The costs of the Product delivery (including the costs for transport, delivery and the postal services) are indicated to the Client on the Store’s website during the placing of the order, as well as when the Client wishes to be bound by the sales agreement.
    4. For the transactions via PayPal, a cost of 2,9% of the products’ worth is added to the delivery costs.
    5. The Seller provides the following methods of delivering or receiving the Products:
      1. parcel locker inPost in Poland
      2. courier delivery.
    6. In case of pre paid transfer payment the Seller shall wait for the Client’s payment for 14 days from the date of placing the order. If the payment for the purchased products shall not be made within the above mentioned time, the seller shall have the right to withdraw from the agreement on the general basis.
    7. The price of the delivery depends on the ordered products’ worth and shall be stated each time, during the procedure of placing an order; and if the ordered products’ worth shall exceed PLN 150,00 gross, the Products shall be delivered free of charge (in Poland).
    8. The VAT invoice is sent via electronic means to the address stated in the order. With the Customer’s request, the Seller issues the VAT invoice in a paper form and sends it to an address stated by the Client in the comment to the order.
    9. Potential return of the payment made by the Client, in case of accepted complaints or in connection with a return of the purchased products by the Client, shall be made via the same payment methods that were used by the Client when paying for the purchased products, and so in the case of making the payment via a bank transfer – the return shall be made to a bank account, in the case of PayU and PayPal payment – the return shall be made via this service.
    10. The full and maximum time of realizing the order should not exceed 7 working days, and should not, in any case, exceed 20 working days from the date of concluding the sales agreement. In the case of payment a bank transfer on the pre – paid basis, the time of realizing the order shall be from the date of recording the money on the seller’s account, and in the case of making a payment via PayU and PayPal – from the date of recording the payment on this service’s account.
    11. The shipment is also carried outside Poland.The costs of international shipment to EU countries: PLN 80 gross and if the ordered products’ worth shall exceed PLN 500,00 gross, (99 EUR) the Products shall be delivered free of charge to EU countries.
    12. The prices include packages up to 5 kg. In the case of heavier packages, the cost is individually established with the Client.
    13. The package’s cost may change if the package is delivered to a region with zone fee, about which the Client shall be informed.
  6. THE RIGHT TO WITHDRAW FROM THE AGREEMENT

    1. The Client who is a consumer within the sense of applicable laws, has the right to withdraw from the sales agreement without stating the reason, on the basis stated below.
    2. The time to withdraw from the Product’s sales agreement shall expire within 14 days from the day on which the Client has received the Products or on which a third party other than the carrier, indicated by the Client has received the Products.
    3. In order to use the right to withdraw from the agreement, the Client must inform the Seller about their decision about the withdrawal from the concluded agreement. By an unequivocal statement (e.g. a letter sent by post to address: Totobi Sp. z o.o., ul. Batalionu Skała AK 4/53, 31-273 Kraków, or via email: totobi@totobi.pet).
    4. The Consumer may use the model withdrawal form, but it is not obligatory.
    5. To meet the withdrawal deadline, it is enough for the Client to sent the information about his withdrawal from the sales agreement before the deadline to withdraw from the agreement.
    6. Withdrawal by the Customer from the contract in accordance with the provision from the point 3. above shall result in the agreement being considered void.
    7. In the case of withdrawal from the agreement, the Seller returns to the Client all the payments received from the Client, including the costs of the delivery (except for additional costs of chosen by the client form of delivery other than the cheapest regular way of delivery offered by the Seller), immediately, and not later than 14 days from the date on which the Seller was informed about the Client’s decision to use his right to withdraw from the agreement.
    8. The return of the payment shall be made via the same payment methods that were used by the Client in his transaction, unless the Client unequivocally agreed for other solution; in any case, the Clients shall not be charged for the repayment.
    9. The Seller may withhold the return of the payment until he receives the products or until the Store receives an evidence of having the goods having been sent back, depending on which of the events happens sooner.
    10. The Client is obliged to sent or submit the purchased goods to the Seller’s address: Totobi Sp. z o.o., ul. Batalionu Skała AK 4/53, 31-273 Kraków, immediately, not later than 14 days from the day on which the Client has informed the Seller about this withdrawal from the agreement. The deadline is met if the Client sends the purchased goods within 14 days.
    11. The Client bears the direct costs of returning the purchased goods.
    12. The return of the Products shall be made together with all the documents attached to the Product, including the VAT invoice, if it was invoiced for the Client – as well as – if possible – the original packaging.
    13. In the case of cosmetic products, as well as when considering the kind of purchased goods, the right of the Client to withdraw from the agreement does not apply if:
      1. The Product’s packaging was opened after the delivery and the opening of the packaging causes the return of the Product to be impossible because of health protection or for hygiene reasons;
      2. If the purchased Product was produced for the Client’s individual order, according to his requirements.
    14. The right to withdraw from the agreement stated in point VI. of the regulations does not apply to a Customer who is not a Consumer.
  7. COMPLAINTS ON THE GOODS

    1. The Client has the right to file a complaint if the delivered product does not comply with the agreement. Starting from 25 of December 2014 the Client shall be entitled to file the complaint if the delivered Product has a physical or legal defect.
    2. The Client also has the right to file a complaint if problems caused by a failure in the store’s software occur.
    3. The Clients shall sent any potential complaints via post on this address: Totobi Sp. z o.o., ul. Batalionu Skała AK 4/53, 31-273 Kraków with a note: Online Store – complaints” or via email to this address: totobi@totobi.com.pl.
    4. The complaint shall contain: Client’s personal data, contact data, the description of the product’s defect, or of the error in the store’s software, the client’s requests. If the complaint is about the Products purchased in the Store – the Client shall send on the Seller’s cost the defective goods to the Seller’s address stated in the point 3 above.
    5. The complaints shall be considered within max 14 days from the date of receiving by the Seller the complaint. If the damaged product is sent to the Seller later than 14 days, then the time to consider the claim shall be from the date of receiving the damaged goods.
    6. If the complaint is accepted, the damaged product shall be, in accordance with the Client’s request, switched to a one free of defects, its price shall be reduced, or its costs shall be returned (the Client’s withdrawal from the agreement). In the case of cosmetic products, it is impossible to fix the potential damage and such complaint shall not be considered.
    7. If the complaint is not considered, the Product shall be sent back together with an opinion on why the complaint is invalid.
    8. The Client has the right to file a complaint if the damage of the purchased product is detected within 2 years from the date of receiving the product by the Client. A Client’s right to request the exchange of a purchased product to a free from damage one expires within a year from the date of detecting the damage, although not before 2 years from the date of receiving the product by the Client. Within this time the Client may also file a statement of withdrawal from the agreement or a request to lower the price because of the damage of the purchased product. If the Client demanded an exchange of the product to a free from damage one, a deadline to filing a statement of withdrawal from the agreement or a request to lower the price begins when the time to exchange the goods has ineffectively elapsed.
    9. If the Customer is an entrepreneur, the Client loses his right due to warranty, if he has not examine the product in the time and manner established for such circumstances, and if the damage was exposed later – then if he has not notified the Seller about the product’s damage immediately after its detection.
    10. If the damage has been detected by the Client during the transport, it is advised to prepare, in the presence of the courier, the damage protocol.
    11. Out of court settlements:
      1. We inform that a Client who is a customer has the right to use the following out of court ways to handle complaints and pursue the claims:
        1. A possibility to request conducting the procedures in connection with the out of court consumer settlements on the basis of the Act of September 23 2016 about the out of court consumer settlements (Dz. U. of 2016, item 1823), from, for example, the Inspector of Trade Inspection for Kraków (e.g. http://www.krakow.wiih.gov.pl/);
        2. Requesting handling the case by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection (e.g. http://bip.malopolska.pl/wiihkrakow/Article/id,112169.html);
        3. Requesting help from the Municipal Bureau of Consumer Advocate with protecting the interests and the rights of the consumers (e.g. https://www.bip.krakow.pl/?id=400).
        4. A free of charge help for the consumer with protecting his rights and interest is provided also by the social organizations such as the Consumer’s Association (http://www.federacja-konsumentow.org.pl/).
      2. We inform that the above mentioned pursuits are voluntary and that both parties have to agree to them.
      3. The client who is a consumer has the right to use the out of court consumer settlements and to pursue the claims in the form of an online interactive platform ODR (Online Dispute Resolution),in accordance with the European Parliament and of the Council’s Regulation no. 524/2013 of May 21 2013 about an online system of handling the consumer disputes and with the annex to the Regulation (WE) no. 2006/2004 and the directive 2009/WE, hereinafter referred to as “THE REGULATION ABOUT ODR.”
      4. The ODR platform is an interactive tool made available to the UN consumers through which they can file a complaint. Below we have put a link to the ODR platform: : ec.europa.eu/consumers/odr. In accordance with the Art. 1 of the Regulations about ODR, the goal of creating the ODR platform was to make available to the consumers a tool enabling an independent, objective, clear, fast and fair online out of court settling of the disputes between the consumers and the entrepreneurs in the UN.
      5. The email address of the online store for the contact with the clients is the following: totobi@totobi.pet.
  8. IINFORMATION ABOUT THE ONLINE SERVICES

    1. The store provides for the clients the following online services:
      1. Enabling to conclude sales of the products agreements in accordance with those regulations
      2. Enabling the creation of the client’s accounts in the Store
      3. Sending the ordered information about the products
    2. The Customer has the right to withdraw from the sales agreements in accordance with the applicable laws and on the basis established in the regulations. Moreover the client has the right to, at any given moment, demand from the Store to stop providing the services mentioned in the point 1, par b and c above.
    3. The technical conditions for the online service provided by the store are:
      1. Access to the Internet
      2. Using a web browser that allows the edit of hypertext documents (the Mozilla Firefox type in the 17.0 version and higher, ot Internet Explorer in the 10.0 version or higher, Opera in the 12.0 version and higher, Google Chrome in the 23.0 version and higher, Safari in the 5.0 version and higher);
      3. A recommended minimum screen resolution: 1024×768;
      4. An email account
    4. The Totobi company informs that depending on the settings of the Client’s browser, it may enter into the ICT system that the Client is using the cookie files, which are a component of the services provided by the Store, which enable to later identify the client entering the store’s web page and which are used by the store to make using the store easier for the client as well as to monitor the client’s actions on the store’s web pages. The client may at any moment turn off the store’s possibility to use the cookie files by proper settings in his browser.
  9. PERSONAL DATA

    1. The administrator of the personal data is the Totobi limited liability company. The Administrator processes the personal data of the Store’s clients in accordance with The General Data Protection Regulation of April 27 2016 (GDPR).
    2. The Store Client’s personal data are processed in order to realize the orders placed via the Store on the basis of the art. 6 par. 1 letter b) of GDPR.
    3. When making the purchase in the Store, the Client provides specific personal data necessary for the conclusion of the sales agreement. A refusal to provide the data necessary for realizing the order results in the sales agreement being impossible to conclude by the Store. It is not mandatory for the Client to agree to receive the marketing information to an email or a phone number provided, to realize the sales agreement. If the Client agrees, he can withdraw from the agreement at any time. The withdrawal from the agreement shall not influence the legality of the processing before the withdrawal.
    4. The Administrator shall share the personal data with the entities cooperating with us on realizing the sales agreement on the goods purchased by the client, including the receipt of payments for purchased goods, as well as delivering the goods.
    5. The data shared by the Client shall be processed within the period necessary to realize the sales agreement as well as the complaint claims, and confirmation of performing the Administrative duties, pursuing claims, and the defense against the claims that can be targeted towards the administrator- but not longer than 10 years from the day of providing the data by the Client.
    6. On the basis of the GDPR provisions, the Client has the following rights in the scope of processing his personal data by the administrator for the purpose of conducting the Store: the right to access the data, to update the data, the right to demand transferring the data, deleting the data, and the right to restrict its processing.
    7. The Client has the right to file a complaint to the President of the Office for Personal Data Protection about the processing of the Client’s personal data by the Administrator.
  10. THE FINAL PROVISIONS

    1. In the matters not regulated by the regulations the applicable laws of the Civil Code or the provisions of other legal acts that apply to the activity and operations of the Store are used.
    2. The Clients that have an account in the Store shall be informed about the changes in the regulations via an email. A client that does not accept the changes in the Regulations has the right to delete his account at any time.
    3. The changes made by the Seller in the Regulations shall not influence the realization of the agreements concluded before their enforcement
    4. The polish law is used for the sales agreement of the product in the store. The agreement is concluded in the polish language
    5. The Court appropriate for settling the disputes is the local court on the basis of the applicable laws.
    6. The Totobi company reserves the right to make changes in the regulations at any time. The changes in the regulations are applicable to the orders placed after making the changes in those regulations, subject to the provisions of point 1. above.
    7. All the trademarks and company names placed in the Store belong to the legal owners and have been included for information purposes.
  11. MODEL FORMS

    1. The template for a complaint form
    2. Model form of withdrawing from the agreement

     

    The current version of the Regulations has been accepted and is effective from January 1st, 2019.

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