Terms and Conditions of the Avetta.pl Online Store
§ 1. GENERAL PROVISIONS
1. The avetta.pl online store [“Store”] operates, pursuant to these Terms and Conditions [“Terms”], an online business primarily dedicated to consumers, selling pet accessories via the Internet.
2. The owner of the Store is “ARGO” Spółka Akcyjna [“Company” or “Seller”], with its registered office in Gdańsk, at ul. Krynicka 1 (80-393 Gdańsk), entered in the Register of Entrepreneurs maintained in the National Court Register by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, under KRS number: 0000121651, NIP: 5841028991, REGON: 190928358, with share capital of PLN 1,100,000.00, fully paid up. The Company can be contacted via email at: [kontakt@avetta.pl]; by phone at: [+48607571833] or through other communication channels available in the Store.
3. A “Customer” as defined in these Terms and Conditions is a consumer as defined in Article 221 of the Act of April 23, 1964 – Civil Code (hereinafter: “Civil Code”), a natural person entering into a contract directly related to their business activity, where the content of such contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, as made available pursuant to the provisions on the Central Register and Information on Economic Activity or another relevant register [“Consumer”], as well as a legal entity, an organizational unit without legal personality but possessing legal capacity, and a natural person entering into a contract directly related to their business activity that is of a professional nature for that person [hereinafter collectively “Customer”].
4. These Terms and Conditions are an integral part of the sales contract concluded with the Customer. The conclusion of a sales contract between the Company and the Customer is conditional upon the Customer’s acceptance of these Terms and Conditions.
5. Use of the Store’s website, including browsing the product range and placing orders for products, is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
i. a computer equipped with the OSX or Windows XP, 7, 8, or newer operating system, with Internet access and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, or Safari;
ii. an active email account.
6. The Store may occasionally, pursuant to the provisions of separate terms and conditions, offer promotions on goods, sales events, and special prices for orders and shipping services.
7. These Terms and Conditions have been drafted in Polish and English. In the event of any discrepancies in interpretation, the Polish version shall prevail.
8. The governing law for contracts concluded under these Terms and Conditions is Polish law, taking into account consumer protection provisions under the laws of the country of the consumer’s habitual residence.
9. Any disputes arising from sales contracts shall be settled by the common court having jurisdiction over the Seller’s registered office, subject to consumers’ rights to bring a case before a court in their own country.
§ 2. PROVISION OF SERVICES BY ELECTRONIC MEANS
1. The Store provides services by electronic means to allows Customers to:
i. create and use a Customer account on the Store’s website at www.avetta.pl,
ii. use the Newsletter service.
2. Creating a Customer account on the Store’s website is entirely voluntary and depends on the Customer’s choice; it is not necessary to place an order. A Customer who has created an account on the Store’s website can view their order history and track the status of a placed order, as well as use other features available to registered users of the Store.
3. To create an account on the Store’s website, you must complete the free registration process, review the Terms and Conditions and the Privacy Policy for Customers, and accept them. Account registration involves filling out and submitting the form located on the Store’s website under the “SIGN IN” tab, then clicking the “No account? Create one here” button and checking the boxes confirming that you have read the Terms and Conditions and the Privacy Policy for Customers.
4. Creating an account on the Store’s website is possible only after the Customer has read the Terms and Conditions and the Privacy Policy for Customers, which set forth the rules for processing personal data necessary to create an account on the Store’s website, and has accepted them. The Customer confirms having read the Terms and Conditions and the Privacy Policy for Customers by checking the appropriate boxes while filling out the form. Providing data marked as required is necessary to create an account, fulfill orders placed in the Store, and ensure the proper provision of services delivered electronically. Providing personal data marked as required to create an account is voluntary, but necessary for account creation. Providing personal data not marked as required to create an account is not necessary for account creation.
5. After submitting the form, the Customer will receive an email confirming the registration of their account at the email address provided in the form. Upon the Customer’s receipt of the email confirming the registration of the Customer’s account, a contract for the provision of electronic services is concluded, enabling the Customer to create and use an account on the Store’s website in accordance with the terms set forth in the Terms and Conditions. The service is provided free of charge for an indefinite period.
6. Given the scope of services provided under the agreement for the provision of account management services, the Company notes that the Customer’s provision of an email address is necessary for the performance of the agreement for the provision of Customer account management services; consequently, this constitutes consent to the use of the Customer’s email address for this purpose within the meaning of the Act of July 18, 2002, on the Provision of Electronic Services (Journal of Laws of 2024, item 1513, as amended).
7. The provision of the Customer account management service is not possible without the Customer providing their first and last name and email address—for the purpose of identifying the Customer and for the performance of the account management service agreement.
8. The Customer may cancel their account at any time without incurring any costs. To cancel the account, the Customer must send a cancellation notice to the email address: kontakt@avetta.pl, which will result in the termination of the account management service agreement and the deletion of the account.
9. You can use the Newsletter service after subscribing to the Newsletter by entering your email address in the field on the Store’s website and clicking the “SUBSCRIBE” icon.
10. The Store is entitled to block the Customer’s account in cases provided for by generally applicable laws, as well as for important reasons, such as:
i. the Customer’s use of the Store’s website in a manner that violates the law or the provisions of these Terms and Conditions,
ii. the Customer’s use of the Store’s website in a manner that violates the rights of third parties or violates public decency,
iii. the Customer’s use of the Store’s website in a manner that disrupts its proper functioning,
iv. the Customer’s transmission or posting of unsolicited commercial information (spam) on the Store’s website.
11. The Customer will be notified of the intention to block their account by sending a message to the email address currently registered for the Customer’s account. Blocking the Customer’s account is equivalent to the immediate termination of the contract for the provision of electronic services with the Customer.
12. If a Customer’s account is suspended, any orders placed by that Customer that have not yet been processed will be canceled. If payment for the order has already been made, the Store will refund the full amount paid to the Customer no later than 14 days from the date of cancellation.
13.Termination of the agreement for the provision of the Customer account service by the Store or by the Customer, as well as termination of the agreement for the provision of the Customer account service with the consent of both the Store and the Customer, will result in the deletion of the account.
14. The Customer may submit complaints regarding the functioning of the Store’s website and the use of the account management service on the Store’s website via email to the address: kontakt@avetta.pl or in writing to the address of the Store owner’s registered office.
15. The Store undertakes to review the complaint referred to in paragraph 14 above within 14 days of receipt, and if this is not possible, to inform the Customer within that period of the date by which the complaint will be reviewed. If the complaint is incomplete, the Store will request the Customer to supplement it as necessary within 7 days of the Customer’s receipt of the request.
16. In the case of Customers who are not Consumers, the Store may terminate the contract for the provision of electronic services with immediate effect without giving any reason. Termination of the contract for the provision of electronic services with immediate effect occurs by sending a statement to the Customer who is not a Consumer via the email address to which the account is currently registered.
§ 3. ORDERS
1. Orders may be placed after creating a free Customer account or without registration via the transaction form available on the Store’s website. Placing an order is treated in each case as a purchase offer.
2. If the Customer makes a purchase without registration via the transaction form available on the Store’s website, the conditions for concluding the sales contract are:
i. the Customer’s review of the Terms and Conditions and the Privacy Policy,
ii. adding the selected item to the cart by clicking “ADD TO CART”,
iii. specifying the quantity of products ordered,
iv. proceeding to the transaction form by going to the shopping cart and clicking “PROCEED TO CHECKOUT”,
v. the Customer providing the information contained in the transaction form, i.e.:
a. a. the Customer’s first and last name, optionally the company name, and address—for the purpose of concluding and performing the sales contract;
b. email address – for the purpose of verifying the Customer and contacting the Customer during order fulfillment;
c. phone number – for the purpose of contacting the Customer during order fulfillment;
vi. submitting a statement confirming that you have read the Terms and Conditions and the Privacy Policy for Customers by checking the box: “I have read and agree to the Privacy Policy and Terms and Conditions”,
vii. selecting a delivery method,
viii. selecting a payment method,
ix. clicking the “ORDER WITH AN OBLIGATION TO PAY” button.
3. When making a purchase after first creating a free Customer account, the conditions for concluding the sales contract are:
i. the Customer’s review and acceptance of the Terms and Conditions and the Privacy Policy,
ii. logging into the Customer’s account,
iii. adding selected items to the cart by clicking “ADD TO CART”
iv. specifying the quantity of products ordered,
v. proceeding to the checkout form by clicking “PROCEED TO CHECKOUT”,
vi. completing the order form,
vii. submitting a declaration confirming that you have read the Terms and Conditions and the Privacy Policy for Customers by checking the box: “I have read and agree to the Privacy Policy and Terms and Conditions”,
viii. Select a payment method and click the “ORDER WITH OBLIGATION TO PAY” button.
4. At any stage of the ordering process, the Customer may cancel the order by stopping the process and leaving the order page. This can be done in several ways: for example, by clicking the icon to return to the previous page or by clicking on any subpage (or product) on the Store’s website. An order that is not completed by the Customer will be automatically canceled.
5. The information displayed on the Store’s website next to the product being added to the cart at the time of placing the order is binding, specifically: the price, product description, its features, items included in the set, delivery date and method, and any applicable promotions.
6. Every order placed by the Customer is confirmed immediately upon receipt of the relevant message at the email address provided by the Customer, and a status indicating that the payment is being processed is assigned to the Customer’s account if the Customer makes purchases using their account.
§ 4. ORDER FULFILLMENT
1. Upon acceptance of the order for processing, a sales contract is concluded between the Customer and the Store. The Store will notify the Customer of the order’s acceptance by sending a message to the email address provided by the Customer and by setting the status to “ Processing in progress” in the Customer’s account if the Customer makes purchases using a registered account.
2. Until the Customer is notified of the acceptance of the order for processing in accordance with subsection 1 of this paragraph, the Customer is entitled to cancel the order placed.
§ 5. PAYMENTS
1. The Customer may choose from the following payment methods:
i. online payment – via the Przelewy24 service; the payment must be made immediately after placing the order. If payment is not received in the account of the transaction intermediary (the Przelewy24 service) within 3 business days of placing the order, the order will not be fulfilled, and the contract shall be deemed not to have been concluded,
ii. prepayment,
iii. by other means, if specified on the Store’s website.
2. Prices listed on the website are in Polish zlotys, are gross prices, and include VAT applicable in Poland or in the consumer’s country in accordance with the VAT OSS procedure.
3. The price listed on the Store’s website at the time of placing the order is the final price, binding on the Customer.
4. The prices of products listed on the Store’s website do not include shipping costs. The total cost of the order includes the combined price of the ordered goods plus shipping costs.
5. The Store accepts payments in the following currencies: PLN and EUR. Prices are converted at the exchange rate in effect at the time the order is finalized.
6. Any currency conversion costs or bank fees, if applicable, are borne by the Consumer.
§ 6. SHIPPING OF GOODS
1. The Store ships to EU countries, in accordance with the list of countries available on the Store’s website.
2. Shipping costs are displayed in the Store at the time of placing the order and may vary depending on the country.
3. Sales within the EU: prices include VAT. The Seller accounts for VAT in accordance with the VAT OSS procedure if the total sales to other EU countries exceed the limit of 10,000 EUR.
4. Subject to paragraph 5, the ordered goods are shipped via shipping companies within 3 business days, counting from the day following the day on which the Customer’s payment is credited to the Store’s bank account.
5. If the goods are out of stock at the Store and must be manufactured, the order processing and shipping time may be longer; the Customer will be informed of this when placing the order at the “ADD TO CART” stage.
§ 7. RIGHT TO WITHDRAW FROM THE CONTRACT
1. A Customer who is a Consumer has the right to withdraw from the contract without giving any reason within 14 days of receiving the goods. If a Customer who is a Consumer withdraws from the contract, the contract is deemed not to have been concluded, and the mutual performances of the Customer and the Company are subject to refund.
2. Withdrawal by a Customer who is a Consumer from a distance contract requires the Customer to submit a statement of withdrawal from the contract. This can be done:
i.by completing the electronic return form, available under the “My Orders” tab – “Order History and Details” – ‘Details’ – by clicking the “Make a Return” button, for Customers who have an account on avetta.pl store.
ii. by completing the “Statement of Withdrawal from a Distance Contract” form in accordance with Annex 2 to the Act of May 30, 2014, on Consumer Rights. The Customer is entitled, but not obligated, to use the aforementioned template.
3. The Statement of Withdrawal from a Distance Contract must be sent to the email address kontakt@avetta.pl, and the returned goods must be sent to the address “ARGO” S.A., ul. Dębowa 6, 80-299 Braniewice. To be effective, the notice of withdrawal must be sent to the Company before the expiration of the 14-day period indicated above.
4. The Customer is required to return the goods subject to return within 14 days from the date on which they withdrew from the contract. To meet this deadline, it is sufficient to send the goods back before its expiration.
5. A Customer who is a Consumer is required to cover the direct costs of returning the item to the Company (i.e., the cost of sending the goods back via a courier service, Poczta Polska, or another carrier). The Company does not accept cash-on-delivery shipments.
6. In the event of withdrawal from the contract, payments made by the Customer, including delivery costs, will be refunded to the Customer in the manner specified by them, e.g., to the bank account number provided by the Customer, within a maximum of 14 days from the date the Company receives the goods or the Customer provides proof of their return, whichever occurs first. If the Customer does not specify the method for refunding the payment made by the Customer, the Company will refund the payment using the same payment method used by the Customer.
7. The returned goods must be in an unaltered condition, i.e., they must not show any signs of use.
8. The Customer is liable for any reduction in the value of the goods resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the item.
§ 8. COMPLAINTS
1. The Company makes every effort to ensure that the goods it offers are free from defects and of full value. However, if, despite these efforts, the goods have defects as defined by the Civil Code or are not in conformity with the contract, the Company shall be liable to the Customer for the defect in accordance with the provisions of the Civil Code regarding warranty, and the Customer shall have the right to file a complaint.
2. If the goods have a defect, the Company is liable under the warranty if the defect is discovered within two years from the date of delivery of the goods to the Customer.
3. A Customer who is not a Consumer within the meaning of Article 221 of the Civil Code loses their rights under the warranty if they have not inspected the goods in a timely manner and in the manner customary for goods of this type, and have not notified the Company of the defect within 14 days of delivery of the goods; and in the event that the defect became apparent only later—if they have not notified the Company within 7 days of its discovery.
4. In the event of a defect in the goods, the Customer submitting the claim should specify, at their discretion, the remedy to which they are entitled under the provisions of Articles 560 and 561 of the Civil Code. The Customer may file a complaint, for example, by completing the complaint form available on the website avetta.pl.
5. The complaint should be sent to kontakt@avetta.pl, and the product subject to the complaint should be sent to “ARGO” S.A., ul. Dębowa 6, 80-299 Braniewice.
6. The notification referred to in paragraph 5 above should include:
i. in the subject line of the message – the word “complaint” and the order number,
ii. in the body of the message, a brief description of the complaint including the name, item number, and quantity of the goods being complained about,
iii. a photo of the damaged goods.
7. If the information necessary to process warranty claims regarding a defective product is missing, the Store will, immediately after reviewing the Customer’s request, ask the Customer to provide the missing information.
8. If the complaint is denied, the Store will respond to the Customer’s requests for replacement of the item, rectification of the defect, or a price reduction via email or in writing within 14 (fourteen) calendar days. The response to the requests will also include a justification of the Store’s position.
9. If the Customer submits a request for a price reduction or to withdraw from the contract, the Store, upon accepting the complaint, may immediately and without undue inconvenience to the Customer replace the defective product with a defect-free one or remove the defect. This option is excluded if the goods have already been replaced or repaired by the Store, or if the Store has not previously complied with the Customer’s request to replace the item with a defect-free one or to repair the defect.
10. If the Customer requests that the item be replaced with one free of defects or that the defect be remedied, the Store, upon accepting the complaint, will replace the defective item with one free of defects or remedy the defect within a reasonable time without causing undue inconvenience to the Customer. The Company may refuse to comply with the Customer’s request if bringing the defective item into conformity with the contract in the manner chosen by the Customer is impossible or, compared to the second possible method of bringing it into conformity with the contract, would entail excessive costs. If the Customer is a business, the Store may also refuse to replace the item with one free from defects or to remedy the defect if the costs of fulfilling this obligation exceed the price of the item sold.
11. If a Customer who is a Consumer files a complaint regarding the goods and it is necessary to replace them with goods free from defects or to remedy the defect, the cost of collecting the goods subject to the complaint and delivering new or defect-free goods shall be borne by the Company. The Customer is obligated to make the item subject to the complaint available to the Company for collection.
12. If, as a result of a complaint filed by the Customer, the contract is rescinded—i.e., if it is not possible to replace the product with one free of defects or to remedy the defect—the Store shall immediately refund the price paid by the Customer.
§ 9. Alternative Dispute Resolution (ODR)
1. Consumers have the right to use the ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr.
2. The platform facilitates the online resolution of disputes between consumers and businesses within the EU.
§ 10. INFORMATION OBLIGATIONS
1. The controller of personal data is “ARGO” S.A., with its registered office in Gdańsk.
2. Personal data is processed in accordance with the GDPR and the Privacy Policy available on the Store’s website.
3. The Customer has the right to access their data, rectify it, delete it, restrict its processing, and transfer it.
4. The Company notes that:
i. To receive order confirmation and notifications regarding order fulfillment at the email address provided by the Customer, an Internet connection, a properly configured web browser, and an active and properly configured email account are required;
ii. The Customer is obligated to comply with the prohibition on the misuse of electronic means of communication and on transmitting the following content through or to the Company’s ICT systems: (i) content that disrupts the operation or overloads the Company’s ICT systems; (ii) of an unlawful nature, i.e., content that infringes upon the rights of third parties, violates generally accepted social norms, or is inconsistent with generally applicable laws;
iii. The digital content comprising the service does not affect the hardware or software used by the Customer to view it;
iv. The Company informs that in order to properly provide the Newsletter service, in particular to determine the Customer’s personal preferences and to best tailor the digital content sent to the Customer’s preferences, the Company uses cookies as well as other data obtained from IT tool providers used to collect information about Internet users. The Customer has the right to change their cookie settings at any time—to do so, follow the instructions in the user manual for the web browser the Customer is using.
5. The Terms and Conditions and Privacy Policy for Customers are available on the website www.avetta.pl.
6. The Company communicates with Customers by telephone, via email, and in writing—provided the Customer has provided the necessary contact information for this purpose.
§ 11. AMENDMENTS TO THE TERMS AND CONDITIONS
1. The Company reserves the right to amend the Terms and Conditions in the event of:
i. a change in the Company’s legal status,
ii. changes to the technological system supporting the Store,
iii. a change in the electronic payment service provider,
iv. changes in generally applicable laws that directly affect the content of the Terms and Conditions.
2. Any amendment to the Terms and Conditions will be announced by the Company on the website www.avetta.pl at least one month in advance.
3. The Company may amend the Terms of Service without observing the one-month notice period referred to above, including with immediate effect, if it is subject to a legal or regulatory obligation requiring it to amend the Terms of Service in a manner that prevents it from complying with the aforementioned one-month notice period.
4. The current version of the Terms and Conditions, the Privacy Policy, and information regarding changes to the Terms and Conditions are available on the website www.avetta.pl.
5. In matters not covered by these Terms and Conditions, the provisions of Polish law and EU consumer protection regulations shall apply.