Terms and Conditions

§1 Definitions

Postal address – the name and surname or name of the institution, the location in the locality (in the case of a locality divided into streets: the street, building number, flat or premises number; in the case of a locality not divided into streets: the name of the locality and the premises number), the postal code and the locality.
Address for complaints:
Pets Pharma P.S.A.
ul. Bokserska 21
02-690 Warszawa
Delivery price list – a summary of available delivery types and their costs below.
Contact details (company registration):
Pets Pharma P.S.A.
ul. Bokserska 21
02-690 Warszawa
NIP: 9512594556, REGON: 528398264,
KRS entry: 0001100673
Delivery – type of transport service with the specification of the carrier and the cost mentioned in the delivery price list
Proof of purchase – an invoice, bill or receipt issued in accordance with the Act of 11 March 2004 on Value Added Tax and other applicable legislation.
Product card – a single subpage of the shop containing information about a single product.
Customer – an adult natural person with full legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
Civil Code – the Civil Code Act of 23 April 1964 as amended.
Code of Good Practice – a set of rules of conduct, in particular ethical and professional standards referred to in Art. 2 pt. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended.
Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity.
Basket – a list of products drawn up from the products offered in the shop on the basis of the Buyer’s choices.
Buyer – both a Consumer and a Customer.
Place of delivery of the item – the postal address or collection point indicated in the order by the Buyer.
The moment when the item is delivered – the moment when the Buyer or a third party indicated by the Buyer for collection takes possession of the item.
Payment – the method of payment for the object of the contract and delivery.
Consumer law – the Consumer Rights Act of 30 May 2014.
Product – the minimum and indivisible quantity of an item that can be the subject of an order, which is given in the Seller’s shop as a unit of measurement when determining its price (price/unit).
Subject of the contract – the products and delivery that are the subject of the contract.
Subject of performance – the object of the contract.
Pick-up point – the place of delivery of the item that is not a postal address, listed in the list provided by the Seller in the shop.
Thing – a movable item that can be or is the subject of the contract.
Shop – the Internet service by means of which the Seller makes the goods available.
Seller:

Pets Pharma P.S.A.
ul. Bokserska 21
02-690 Warszawa
NIP: 9512594556, REGON: 528398264,
KRS entry: 0001100673
System – a set of cooperating IT devices and software, providing for the processing and storage, as well as the sending and receiving of data via telecommunications networks by means of a terminal device appropriate for a given type of network, commonly referred to as the Internet.
Lead time – the number of hours or working days stated on the product card.
Contract – a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
Defect – both a physical defect and a legal defect.
Physical defect – non-compliance of the sold thing with the agreement, in particular if the thing: a. does not have the properties which the thing of this kind should have due to the purpose specified in the agreement or resulting from the circumstances or purpose; b. does not have the properties, about the existence of which the Seller assured the Consumer, c. It is not suitable for the purpose which the Consumer communicated to the Seller at the conclusion of the agreement and the Seller has not made any reservations as to such purpose; d. It has been given to the Consumer in an incomplete condition; e. It does not have the properties which the manufacturer or the manufacturer’s representative or the person who places the thing on the market within the scope of his/her business activity as well as the person who by placing his/her name, trademark or any other mark on the sold thing, has made it available to the Consumer in an incomplete condition.
Legal defect – a situation where the sold thing is the property of a third party or is encumbered with a right of a third party, and also if the restriction of the use or disposal of the thing results from a decision or ruling of a competent authority.
Order – a declaration of will of the Buyer made through the shop, specifying unambiguously: type and quantity of products; type of delivery; type of payment; place of delivery; Buyer’s data and aiming directly at concluding a contract between the Buyer and the Seller.
RODO/GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

§2 General conditions

The contract shall be concluded in the Polish language, in accordance with Polish law and these terms and conditions.
The place of delivery of the goods must be within the territory of the Republic of Poland.
The Seller is obliged and undertakes to provide services and deliver goods free from defects.
All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
The Seller does not give the Buyer a guarantee within the meaning of Article 577 of the Civil Code, but informs about known guarantees given by third parties for the products in the shop.
Confirmation, making available, recording, securing all material provisions of the agreement in order to access this information in the future shall take place by sending an order confirmation to the indicated e-mail address.
The Seller shall not charge any fees for communication with him using the means of distance communication, and the Buyer shall bear the costs thereof in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling remote communication.
The seller shall ensure that the shop works correctly in the following browsers for the buyer using the system: MS Edge version 114 or later, FireFox version 113 or later, Chrome version 114 or later, Safari version 16.5 or later, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the functioning and functionality of the above-mentioned browsers may affect the correct display of the shop, so in order to obtain the full functionality of the shop, you should disable all of them.
The buyer may use the option of the shop remembering his/her data in order to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access his/her account. The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorised access by third parties. The Buyer has the possibility to access, correct, update and delete his/her account at any time.
The seller complies with the code of good practice.

§3 Contract conclusion and implementation

Orders can be placed 24 hours a day.
In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated several times:
1. adding the product to the basket;
2. choosing the type of delivery;
3. choice of payment type;
4. choice of place of delivery of the item;
5. placing an order in the shop by using the ‘I order’ button with the note ‘Attention! The order carries an obligation to pay’.
The contract with the Consumer is concluded when the order is placed.
Realisation of an order of the Consumer paid on delivery takes place immediately, and an order paid by bank transfer or through an electronic payment system after the Consumer’s payment is credited to the Seller’s account, which should take place within 14 days of placing the order, unless the Consumer was unable to fulfil the performance through no fault of their own and informed the Seller of this.
The contract with the Consumer is concluded when the order is accepted by the Seller, of which the Seller informs the Consumer within 4 working days of placing the order.
The fulfilment of an order of a Customer paid on delivery takes place immediately after the conclusion of the contract, and an order paid by bank transfer or through an electronic payment system after the conclusion of the contract and the crediting of the Customer’s payment to the Seller’s account.
The fulfilment of the Customer’s order may depend on the payment of the whole or part of the order value or obtaining a trade credit limit of at least the order value or the Seller’s consent to send an order cash on delivery (paid on delivery).
The subject of the contract shall be dispatched within the time limit specified on the product card, and for orders consisting of multiple products within the longest time limit specified on the product cards. The time limit begins to run when the order is fulfilled.
The purchased subject of the contract shall be dispatched by the type of delivery chosen by the Buyer to the place of delivery indicated by the Buyer in the order.

§4 Right of withdrawal

The consumer, shall have the right to withdraw from a contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
The deadline for withdrawal from a contract concluded remotely is 14 days from the moment of delivery of the item, and it is sufficient to send the declaration before the deadline to meet it.
The declaration of withdrawal may be submitted by the Consumer in any written form in accordance with the Consumer Law.
The Seller excludes the possibility of submitting the declaration of withdrawal in any form other than written.
The Seller shall promptly confirm to the Consumer by e-mail (provided at the conclusion of the contract and another if provided in the submitted declaration) the receipt of the declaration of withdrawal from the contract.
In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded.
The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he or she withdrew from the contract. In order to meet the deadline it is sufficient to send the item back before its expiry.
The consumer shall send back the items being the subject of the contract from which he or she has withdrawn at his or her own expense and risk.
The Consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which results from using it in a manner going beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
The Seller shall immediately, no later than within 14 days from the date of receipt of a declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by the Consumer, including the costs of delivery of the thing, and if the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
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 payment that does not involve any costs for the Consumer.
The Seller may withhold reimbursement of the payment received from the Consumer until he has received the item back.
The consumer in accordance with Article 38 of the Consumer Law shall not have the right to withdraw from a contract:
1. in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiry of the deadline for withdrawal;
2. in which the subject of the performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet the consumer’s personalised needs;
3. where the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
4. in which the subject of the performance is an item which, after delivery, by its very nature becomes inseparable from other items;

§5 Warranty

The Seller, on the basis of Article 558§1 of the Civil Code, completely excludes liability towards the Customers for physical and legal defects (warranty).
The Seller shall be liable to the Consumer under the terms of Article 556 of the Civil Code et seq. for defects (warranty).
In the case of a contract with a Consumer, if a physical defect is found before the lapse of one year from the moment of delivery of the item, it is assumed that the defect existed at the moment of transfer of ownership to the Consumer.
If the sold thing has a defect, the Consumer may:
1. make a declaration requesting a price reduction;
2. make a declaration on withdrawal from the contract;
  unless the Seller immediately and without excessive inconvenience for the Consumer replaces the defective thing with a thing free from defects or removes the defect. However, if the thing has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect, the Consumer shall not be entitled to replace the thing or remove the defect.
The Consumer may, instead of rectification of the defect proposed by the Seller, demand replacement of the item with a defect-free item or demand rectification of the defect instead of replacement of the item, unless bringing the item to conformity with the agreement in a manner selected by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, while assessing the excessive costs, the value of a defect-free item, type and significance of the defect found, as well as inconvenience to which other manner of satisfaction would expose the Consumer, shall be taken into consideration.
The Consumer may not withdraw from the contract if the defect is immaterial.
If the sold thing has a defect, the Consumer may also:
1. demand that the thing be replaced by a defect-free one;
2. demand removal of the defect.
The Seller is obliged to replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Consumer.
The Seller may refuse to satisfy the Consumer’s request if bringing the defective thing to conformity with the contract in a manner chosen by the Consumer is impossible or in comparison with the other possible manner of bringing it to conformity with the contract would require excessive costs.
If the defective thing has been assembled, the Consumer may demand from the Seller to disassemble and reassemble it after the replacement with a defect-free one or removal of the defect, however, the Consumer is obliged to bear a part of related costs exceeding the price of the sold thing or may demand from the Seller to pay a part of the costs of disassembly and reassembly, up to the amount of the price of the sold thing. If the Seller fails to perform his obligation, the Consumer is entitled to perform these actions at the Seller’s expense and risk.
A Consumer who exercises warranty rights is obliged, at the Seller’s expense, to deliver the defective thing to the complaint address, and if, due to the nature of the thing or the way it is installed, delivery of the thing by the Consumer would be excessively difficult, the Consumer is obliged to make the thing available to the Seller at the place where the thing is located. If the Seller fails to fulfil his obligation, the Consumer is entitled to send the thing back at the Seller’s expense and risk.
The costs of replacement or repair shall be borne by the Seller, with the exception of the situation described in §5 item 10.
The Seller is obliged to accept the defective item from the Consumer in case of replacing the item with a defect-free one or withdrawing from the agreement.
The Seller shall respond within fourteen days to:
1. a statement requesting a price reduction;
2. a declaration of withdrawal from the contract;
3. request to replace the item with a defect-free item;
4. a request for defect removal.
Otherwise, it shall be deemed to have acknowledged the Consumer’s statement or demand as justified.
The Seller shall be liable under warranty if a physical defect is discovered before the lapse of two years from the moment the item was handed over to the Consumer, and if the object of sale is a used item before the lapse of one year from the moment the item was handed over to the Consumer.
The Consumer’s claim to rectify the defect or replace the sold item with a defect-free item shall become time-barred after one year, counting from the day the defect was found, however not earlier than before the lapse of two years from the moment the item was handed over to the Consumer, and if the subject of the sale is a used item before the lapse of one year from the moment the item was handed over to the Consumer.
In the event that the shelf life of the item specified by the Seller or the manufacturer expires after the lapse of two years from the moment the item was handed over to the Consumer, the Seller shall be liable under warranty for any physical defects of the item identified before the lapse of this period.
Within the time limits set out in §5 points 15-17, the Consumer may submit a declaration to withdraw from the contract or reduce the price due to a physical defect in the thing sold, and if the Consumer has requested that the thing be replaced with a defect-free one or that the defect be removed, the time limit for submitting a declaration to withdraw from the contract or reduce the price shall commence upon the ineffective expiry of the time limit for replacing the thing or removing the defect.
If one of the rights under the warranty is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be suspended until the proceedings are legally concluded. The same applies to mediation proceedings, whereby the time limit for the exercise of other warranty rights to which the Consumer is entitled begins to run from the date of the court’s refusal to approve the settlement reached before mediation or the ineffective termination of mediation.
For the exercise of rights under the warranty for legal defects of the thing sold, §5 points 15-16 shall apply, except that the time limit shall start to run from the day on which the Consumer learnt of the existence of the defect, and if the Consumer learnt of the existence of the defect only as a result of an action by a third party – from the day on which the ruling issued in the dispute with the third party became final.
If, due to a defect in the goods, the Consumer has made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by entering into the contract without knowing of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of entering into the contract, the costs of collection, carriage, storage and insurance of the goods, reimbursement of the expenses made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the duty to compensate for damage under the general rules.
The expiry of any period for ascertaining a defect shall not preclude the exercise of warranty rights if the seller has fraudulently concealed the defect.
Insofar as the seller is obliged to provide a service or financial performance to the consumer, he shall perform this without undue delay, but no later than within the statutory period of time.

§6 Privacy policy and security of personal data – RODO/GDPR

The administrator of the databases of personal data provided by Consumers of the shop is the Seller.
The administrator may process personal data for the purpose of fulfilling an order on the basis of Article 6(1)(b) RODO. The personal data comes from the customers and the provision of this data is voluntary, but necessary to complete the order. Without this data, no sales contract will be concluded. Consent to the processing of personal data is given by the customer ticking the appropriate box on the order form.
Collected personal data shall not be made available to third parties, with the exception of transferring the data to entities participating in the fulfilment of the order, i.e. courier companies and entities through which the settlement and security of payment transactions takes place. The scope of data provided is limited to the necessary minimum, in accordance with the principle of personal data minimisation.
Detailed rules on the collection, processing and storage of personal data (including cookies used by the Company) are described in the Privacy Policy.
Due to the discount policy, personal data will be processed for an indefinite period of time, but no longer than the 6 years required by tax law.
The Buyer has the right to request access to his/her personal data, rectification, erasure or restriction of processing, as well as the right to object to processing and the right to data portability. This right can be exercised by contacting the Administrator, among others, by sending a message. The Customer has the right to lodge a complaint to the supervisory authority, which is the President of the Office for Personal Data Protection.
If the Customer has given separate consent to the service provided electronically for the free delivery of newsletters or SMS messages, the e-mail address and telephone number obtained are used for marketing purposes to send commercial information to the Customer electronically.
The Data Controller may entrust another entity with the processing of personal data subject to the provisions of Article 28 of the DPA.

§7 Final provisions

Nothing in these terms and conditions is intended to infringe the Buyer’s rights. Neither can it be interpreted in this way, because in the case of any part of the regulations being inconsistent with the applicable law, the Seller declares his absolute compliance and application of this law in place of the contested provision of the regulations.
Registered Purchasers will be notified by e-mail (to the e-mail indicated when registering or ordering) of changes to the regulations and their scope.
The current version of the regulations is always available to the Buyer under the regulations tab. During the execution of the order and throughout the period of after-sales care, the Buyer shall be bound by the regulations accepted by the Buyer when placing the order. Except when the Consumer considers it less favourable than the current one and informs the Seller about choosing the current one as binding.
In matters not covered by these Terms and Conditions, the provisions of the Civil Code and relevant laws of Poland, as well as European Union law, in particular RODO/GDPR shall apply.
The provisions of Polish law shall apply to contracts for the sale of goods through the Store. Contracts are concluded in the Polish language.
Only one discount coupon can be used per order, discount coupons cannot be combined with other coupons or other promotional actions and discounts. The discount is calculated from the basic retail prices. The minimum product price after discount cannot be lower than PLN 0.01.

Version 1.0 (Warsaw, 2024-07-01)