Terms & Conditions

II. Definitions

The terms defined in these Terms and Conditions mean:

Seller - Kontri sp. z o. o. based in Białystok (15-569) at ul. Jacka Kuronia 3, entered into the register of entrepreneurs of the National Court Register by the District Court in Białystok, 12th Commercial Division of the National Court Register under KRS number 0000258273, NIP: 9661848306, REGON: 200084060 share capital PLN 350,000 (paid in full), e-mail address: contact@petsona.eu, Phone: (+ 48 85) 740 40 76, Fax: (+48) 85 674 35 45, BDO 000030370.

Buyer - an entity that has placed Orders in accordance with these Regulations.

Consumer - a Buyer who is a natural person, if he or she placed an Order that is not directly related to his or her business or professional activity within the meaning of Art. 22¹ of the Polish Civil Code and Entrepreneur operating with consumer rights - a natural person running a sole proprietorship business registered in the Central Registration and Information on Economic Activity (CEIDG), concluding a contract directly related to the business activity conducted, when the content of this contract shows that it does not have for her professional nature, resulting in particular from the subject of her business activity within the meaning of Art. 385⁵ CC

Website - website: petsona.eu.

Goods - any goods described and marked with a sales price on the Website.

Store - an online store run by the Seller on the Website, offering the sale of Goods.

Order - submission of a declaration of will by the Buyer in accordance with the template available on the Website, constituting an offer to conclude a sales contract.

Order confirmation - information sent to the Buyer that his Order has been placed.

Customer Account - an individual account on the petsona.eu website, maintained for a registered Service User.

Telecommunications Law - Act of July 16, 2004 - Polish Telecommunications Law (Journal of Laws No. 171, item 1800, as amended).

Consumer Rights Act - Polish Act of May 30, 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).

ICT system - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of telecommunications law.

Service or Services - services provided electronically without the simultaneous presence of the parties (remotely), by transmitting data at the individual request of the Service Recipient, sent and received using electronic processing devices, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Polish Telecommunications Law by Kontri sp. z o. o., described in parts II - IV of these Regulations.

Means of electronic communication - technical solutions, including ICT devices and software tools cooperating with them, enabling individual distance communication using data transmission between ICT systems.

Service provider - Kontri sp. z o. o.

Service Recipient - an entity using the services of Kontri sp. z o. o., who is a natural person, a legal person or an organizational unit without legal entity, obliged to comply with these Regulations.

II. Sales contract - placing an order, delivery, payment

These Terms and conditions specify the rules for using the petsona.eu online Store, placing Orders for Goods, delivering the Ordered Goods to the Buyer, payment by the Buyer for the Goods, the Buyer's right to withdraw from the contract and the rules for submitting and considering complaints. These Regulations constitute an integral part of the sales contract concluded on the basis of the placed Order. Consolidation, security, disclosure and confirmation of the essential provisions of the sales contract to the Buyer takes place via e-mail.

The order is considered placed if: the person authorized to submit it has completed all fields marked as necessary to complete in accordance with the instructions and has sent the Order in accordance with the procedure provided on the Website, and submitted a declaration of acceptance of the Online Store Regulations.

The information about the Goods and the price posted on the website does not constitute an offer within the meaning of Art. 543 of the Polish Civil Code, and only an invitation to submit offers within the meaning of Art. 71 of the Polish Civil Code.
The sales contract is deemed concluded when the Buyer receives an e-mail with information about the shipment of the Order.
Prices in the Store include all applicable duties and taxes. Prices do not include delivery costs.
The Buyer may choose the payment method from among the payment methods indicated in the Order form. The payment deadline for the Ordered Goods if the Buyer chooses the form of payment: prepayment to the account is 7 days from the date of receipt of the Order Confirmation. After 3 days from placing the Order, the Buyer will be notified by e-mail about the possibility of making payment within an additional 3-day period. Failure to pay despite the expiry of the additional deadline will result in the Order being canceled and the shipment not being processed.
If the Buyer chooses the form of payment: prepayment to the account, the payment date is deemed to be the moment when the funds are credited to the Seller's account.
If it is impossible to complete the Order in whole or in part, the Seller will inform the Buyer at the e-mail address provided when placing the Order. In such a case, all or part of the funds paid by the Buyer will be refunded using the method in which they were paid.
If the Buyer is a Consumer, the deadline for completing the Order cannot be longer than 30 days from the receipt of the Order by the Seller.
The shipping costs of the Goods and other costs indicated in the Order form are borne by the Buyer in the amount specified when placing the Order. Delivery costs are provided in the "Delivery" tab on the Seller's Website.
The estimated preparation time for shipping the ordered Goods is provided on the product page and in the Order Confirmation e-mail. The above time should include the time of delivery of the Goods by the carrier (courier), which is presented in the "Delivery" tab on the Seller's Website.
The Buyer receives written confirmation of the conclusion of the contract at the e-mail address provided when placing the Order. By accepting these Regulations, the Buyer expressly authorizes Kontri sp. z o.o. for issuing sales documents in electronic form.
The Seller reserves the right not to process the accepted Order, in particular when:

The Buyer has not settled its obligations to the Seller or has breached contractual provisions as part of previous transactions or current transactions,
The Seller does not have the ordered Goods,
Due to the failure of the systems, the Seller is not technically able process the Order.

Goods covered by the promotion can only be purchased under the terms specified in the promotion.

III. Electronic services

Kontri sp. z o. o. provides digital Services for Recipients free of charge:

newsletter;
maintaining the Customer Account;
posting and publishing reviews about the Products.

Newsletter - A service of sending ordered advertising messages to provided e-mail addresses. The newsletter subscription form, which is also an order for receiving the newsletter, is available on the petsona.eu website. The Recipient may at any time unsubscribe from using the Newsletter Service by clicking the "Unsubscribe" hyperlink contained in each e-mail message sent to the Service Recipient with the content of the newsletter, as well as posted on the petsona.eu website. Please note that updating all of the Service Provider's systems takes time, so the User may continue to receive messages while their request is being processed.
The service of maintaining a Customer Account is available after registration in accordance with the terms described in the “Terms and Conditions” and consists of providing the Service User with an individual panel on the Store's Website, which enables the Service User to perform a number of activities without the need to enter data each time in the forms, in particular placing Orders based on the data assigned to the Customer. to the Customer Account, tracking the status of execution of Orders placed via the Account and the history of such Orders, editing data assigned to the Customer Account, subscribing to the newsletter. The Service Recipient may resign from having a Customer Account at any time. For this purpose, please send an e-mail requesting the deletion of the Customer Account to the following address: contact@petsona.eu. The Service Provider declares that in the absence of any activity (including e.g. logging in) of the Service User in the Customer Account for a period of 5 years, the Service Provider may delete the Customer Account without prior notice to the Service User of this fact at the end of the year in which 5 years have passed since the Service User's last activity.

Each placed Order requires the creation of a Customer Account. This also applies to Orders placed in the "without registration" option - in such a case, the Seller does not provide the possibility of logging in. However, the Buyer has the option of converting an account created for a one-time transaction into a standard Customer Account, thanks to which he or she receives access to all store functions, such as:

faster subsequent purchases thanks to saved delivery addresses (possibility to store several different addresses),
ability to add Goods to the wish list,
access your Order history.

The service of posting reviews consists in enabling Customers to publish individual and subjective statements regarding the Products on the Store's Website. In order to review a given Product in the Online Store, it is necessary to create a Customer Account. If the information "Review confirmed by purchase" is displayed next to the content of the opinion, it means that it was written by the Buyer from the account from which the reviewed goods were purchased. If the information "Opinion not confirmed by purchase" is displayed next to the content of the opinion, it means that it was written by the Service User from a Customer Account that cannot be associated with the purchase of the reviewed Goods. Opinions posted on the petsona.eu website are verified by the Seller. If the opinions violate the law or good practices, the Seller reserves the right not to publish the opinions. The Seller does not publish opinions that contain the content listed in the section below. The Service Recipient may not post content that:

are inconsistent with the theme of the Store;
contain links;
are used to conduct prohibited advertising, promotional and marketing activities, in particular by posting advertisements, selling and promoting products, services, projects and collections.
are used to conduct activities prohibited by law, e.g. fraud attempts
they incite violence
propagate any fascist or other totalitarian state system;
incite hatred on the basis of gender, sexual, national, ethnic, racial or religious differences or on grounds of non-denominationalism, or condone such hatred;
insult a group of people or individual persons because of their gender, sexual, national, ethnic, racial or religious affiliation or because of their lack of any religious denomination;
contain content of a chauvinistic and misogynistic nature, as well as containing signs of gender discrimination;
defames or insults any third party;
violate the personal rights of any third party;
contain profanity or other offensive content;
encourages or condones dangerous behavior;
offend religious feelings;
may cause discomfort to other Users, in particular through lack of empathy or respect from other Users
violate the applicable legal order or good customs in any other way.

Before starting to use the Services provided by Kontri sp. z o.o. via the petsona.eu Website, the User is obliged to read the content and comply with these Terms and Conditions. The Terms and Conditions are available free of charge at petsona.eu. The website allows you to download, save and print them, in any case before creating a Customer Account.

The Service User is obliged to use the Service Provider's Website in a lawful manner, respecting the personal rights and copyrights and intellectual property of the Service Provider and third parties.

The Service User is obliged to comply with the prohibition of abusing electronic means of communication and providing information through or to the ICT Systems of Kontri sp. z o.o. the following content:

causing disruption or overload of the ICT systems of Kontri sp. z o.o. or other entities participating directly or indirectly in the provision of Services electronically;
inconsistent with generally applicable laws;
violating the rights of third parties, generally accepted social and moral norms or violating good manners; offensive or violating anyone's dignity.

In special cases affecting the security or stability of the IT system, Kontri sp. z o.o. has the right to temporarily discontinue or limit the provision of Services, without prior notice, and to carry out maintenance works aimed at restoring the security and stability of the IT system.

Kontri sp. z o. o. is not responsible for interruptions in the provision of Services resulting from failures or cases of malfunction of IT systems and equipment beyond the influence of Kontri sp. z o.o.

Notwithstanding the above, Kontri sp. z o.o. has the right to discontinue the provision of the Services at any time if such a justified request is submitted to it by the Internet provider or other authorized entity.

Kontri sp. z o. o. reserves the right to interrupt the provision of Services in the event of a violation by the Service User of these Regulations, applicable law or generally accepted social and moral norms.

Technical requirements necessary for cooperation with the IT system used by Kontri sp. z o. o. is a device connected to the Internet equipped with a web browser version enabling proper viewing of Goods and placing Orders.

IV. Complaints - electronic services

Complaints regarding both technical aspects of the functioning of the Services and other issues related to the Services (e.g. regarding published content) can be sent to contact@petsona.eu or in writing to the address of Kontri sp. z o.o., Jacka Kuronia 3, 15-569 Białystok.
Each complaint should include a short description of the problem that is the basis for submitting the complaint, the date and time of its occurrence and the name of the Service User (including his name, surname and e-mail address). The Administrator shall, without undue delay, send the User confirmation of receipt of the complaint.
The Service Provider will make every effort to ensure that complaints are considered within 14 (fourteen) days of their receipt by the Service Provider. The Service Provider will immediately notify the complainant about the result of considering the complaint via e-mail to the e-mail address provided in the complaint.
Complaints that do not contain the data listed in section 2 above, will not be considered.
Reports regarding posted content result in a decision to keep or remove the posted content.
The Service User may appeal against the Service Provider's decision within 14 days of receiving information about the issuance and content of the decision.
The appeal should include a comprehensive justification.
The Service Provider considers appeals within 14 days.

V. Liability of the Seller for non-compliance of the Goods with the sales contract

CONSUMERS

The Seller is responsible for the compliance of the goods with the contract, in particular the Seller is liable to the Consumer in the event of non-compliance of the Goods delivered to him with the contract (warranty) under the terms set out in the Consumer Rights Act. The Seller is not liable for the lack of compliance of the Goods with the contract to the extent specified in Art. 43b) section 2 or section 3 of the Act on Consumer Rights, if the Consumer has been expressly informed that a specific feature of the Goods deviates from the requirements for compliance with the contract specified therein and, at the latest at the time of concluding the contract, has expressly and separately accepted the lack of this feature. The Seller is responsible for the lack of conformity of the Goods with the contract existing at the time of its delivery to the Consumer and disclosed within 2 years from that moment. The Buyer may submit his claims regarding defects in the Goods, in particular by sending an e-mail to the following address: contact@petsona.eu, or by post to the following address: Kontri sp. z o.o., Jacka Kuronia 3, 15-569 Białystok. The application must indicate:

the basis for the complaint, i.e. whether the complaint is based on a warranty or guarantee;
your name and contact details;
date of purchase of the Goods with a defect, Order number or sales document number;
the price paid for the Goods with a defect;
name of the Goods with a defect (we recommend providing EAN numbers and other data identifying the Goods with a defect, if possible);
description of the defect;
the moment of finding a defect in the defective Goods;
your request.

The Seller will respond to the Consumer's complaint within 14 (fourteen) calendar days of receiving the complaint.
If the Goods are non-compliant with the contract, the Consumer may request that they be repaired or replaced. The Seller may make an exchange when the Consumer requests repair, or the Seller may make a repair when the Consumer requests replacement, if bringing the Goods into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into compliance with the contract. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the importance of the lack of compliance of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience for the Consumer resulting from a change in the method of bringing the Goods into compliance with the contract.
The Seller shall repair or replace the goods within a reasonable time from the moment the Seller was informed by the Consumer about the lack of compliance with the contract and without excessive inconvenience to the Consumer, taking into account the specificity of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller. The Consumer provides the Seller with the Goods along with proof of purchase. The Seller will collect the Goods from the Buyer at his own expense. For this purpose the Buyer selects one of the options proposed by the Seller, the most convenient for the Buyer, to collect the complained Goods, e.g. via courier, parcel locker or directly in a stationary store run by Kontri sp. z o.o.
If the Goods are non-compliant with the contract, the Consumer may submit a declaration of price reduction or withdrawal from the contract when:

The Seller refused to bring the Goods into compliance with the contract in accordance with Art. 43d section 2 of the Consumer Rights Act;
The Seller did not bring the Goods into compliance with the contract in accordance with Art. 43d section 4-6 of the Consumer Rights Act;
the lack of conformity of the Goods with the contract continues, even though the Seller has tried to bring the Goods into compliance with the contract;
the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in Art. 43d of the Consumer Rights Act;
it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.

The reduced price must be in such proportion to the price resulting from the contract that the value of the Goods that do not comply with the contract remains in proportion to the value of the Goods that comply with the contract.
The Seller refunds to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of the price reduction.
The consumer may not withdraw from the contract if the lack of conformity of the Goods with the contract is irrelevant. It is presumed that the lack of conformity of the Goods with the contract is significant.
If the lack of conformity with the contract applies only to some Goods delivered under the contract, the Consumer may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer together with the Goods that are not in conformity with the contract, if the Consumer cannot reasonably be expected to agreed to retain only the Goods consistent with the contract.
In the event of withdrawal from the contract due to non-compliance of the goods with the sales contract, the Seller will collect the Goods from the Buyer at his own expense. For this purpose the Buyer selects one of the options proposed by the Seller, the most convenient for the Buyer, to collect the complained Goods, e.g. via a courier, parcel locker or directly in a stationary store run by Kontri sp. z o. o.
The goods should be sent to the following address: Kontri sp. z o.o., Jacka Kuronia 3, 15-569 Białystok. The Seller refunds the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of its return.
The Seller refunds the product value using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
If the Consumer's claims are not accepted, the Goods will be sent again to the Consumer's address.

B2B

The Buyer purchasing the Goods for purposes directly related to his professional or business activity (the Buyer who is not a Consumer) has the right to submit a complaint in accordance with the applicable provisions of the Polish Civil Code.

VI. Withdrawal from the contract - sale

The Buyer who is a Consumer may withdraw from the contract within 14 days, without giving any reasons and without incurring any costs other than those provided for by law. To meet the deadline, it is enough for the Buyer to send a statement before its expiry.
The 14-day period for withdrawal from the contract begins in the case of a contract for the sale of Goods - with the Consumer or a third party indicated by him other than the carrier taking possession of the Goods. If the sales contract covers many Goods that are delivered separately, in batches or in parts - from taking possession of the last item (Goods), batch or part.
A declaration of withdrawal from the contract may be submitted using the withdrawal form attached to these Terms and conditions. This does not limit the Consumer's right to submit any other unambiguous declaration in which he informs about his decision to withdraw from the contract.
The declaration may be submitted, in particular, by sending it in electronic form to the e-mail address: contact@petsona.eu, or by post to the correspondence address: Kontri sp. z o.o., ul. Jacka Kuronia 3, 15-569 Białystok. The consumer is responsible for any reduction in the value of the returned Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The Consumer is obliged to return the returned Goods to the Seller or hand over the Goods to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from the contract. Returned Goods should be sent to the following address: Kontri sp. z o.o., Jacka Kuronia 3, 15-569 Białystok. The returned Goods must be accompanied by proof of purchase (e.g. receipt, invoice) or indicate the number of the Order to which the return applies.
The consumer only bears the direct costs of returning the Goods. The Seller may provide the possibility of returning the Goods free of charge. If such an option is available (e.g. via parcel lockers), information about it is available on the Seller's Website.
In the event of withdrawal from a distance contract, the Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Agreement, refund all payments made by him, including the cost of delivery of the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until he receives the Goods back or until the Buyer provides proof of returning the Goods, depending on which event occurs first. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
The Consumer is not entitled to withdraw from the contract in relation to the contract in which the subject of the service is Goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery.

VII. Personal data protection

In order to provide electronic services and conclude and perform sales contracts, as well as perform the Seller's obligations arising from the fact of concluding distance sales contracts, Kontri sp. z o.o. processes personal data of Buyers and Service Recipients that they provided voluntarily. All information regarding the processing of personal data can be found in the Privacy Policy tab.

VIII. Final Provisions

The consumer may use out-of-court methods of dealing with complaints and pursuing claims. In order to take advantage of the possibility of amicable resolution of disputes regarding online purchases, the Consumer may submit his complaint, e.g. via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/
The Seller reserves the right to change the Terms and conditions. Changes to the Terms and conditions are effective each time from the date indicated therein. The Seller informs the Service User 7 days before the planned entry into force of the new Regulations about the changes to the Regulations by means of a message sent electronically. If the Service Recipient does not accept the new content of the Terms and conditions, they are obliged to notify the Seller of this fact within 7 days from the date of notification by the Seller about the change in the Terms and conditions, which results in termination of the contract (does not apply to sales contracts). The Terms and conditions in the version applicable at the time of conclusion of the contract shall apply to sales contracts concluded before the amendment to the Terms and conditions.
Transaction documents are stored electronically and will be made available for inspection at the Buyer's request.
Disputes will be resolved by the court having jurisdiction over the Seller's registered office. This clause does not apply to disputes with consumers. The law applicable to resolving any disputes arising under the Regulations is Polish law. Polish law applies only to the extent that it does not prevail over the mandatory provisions of the country in which the buyer has his habitual residence.
The Terms and conditions come into effect on 08.08.2024

Annex no. 1

Sample withdrawal form (this form should be completed and returned only if you wish to withdraw from the sales contract)

Kontri sp. z o. o.

street Jacek Kuronia 3

15-569 Białystok

contact@petsona.eu

I _____________________________ (name and surname) hereby inform you

about my withdrawal from the following sales contract(s).

Products ________________________________________________________________.

Date of receipt __________________________________________________________

First name and last name _______________________________________________________

Address _________________________________________________________________

Consumer's signature (only if sent in paper version)

_______________________________________________________________________

Date _________________________________________