TERMS AND CONDITIONS

TERMS AND CONDITIONS

EQUUS CARE ONLINE STORE TERMS AND CONDITIONS
§ 1. § 1 General provisions
1/ The entrepreneur running this online store located at the Internet domain http://equus-brand.com/, hereinafter referred to as the “Store” is Anna Wieczorkowska Equus Care (business address and correspondence address: ul. Baczyńskiego 8, 84-242 Kębłowo, Poland, registered in the Central Register of Business Activity and Information of the Republic of Poland kept by the minister responsible for economy, NIP: 5882467345, REGON: 388562680.
2/ Contact with the Online Store is possible via email: office@equus-brand.com
3/ The Regulations define the rights and obligations of Customers as well as the rights and obligations of the Seller as an entity managing and operating the Online Store.
4/ Customers are obliged to respect the author’s property rights and rights arising from the registration of utility and industrial designs, patents and trademarks.
5/ The Owner of the Online Store undertakes to securely process Customers’ personal data solely for the purpose of fair performance of the distance sales contract. The personal data processing clause is included at the end of these regulations. It will also be posted each time a Customer places an order from the Store. The personal data processing clause is included at the end of these regulations It will also be posted each time a Customer places an order from the Store.
6/ The Seller informs that the use of services provided electronically may involve risks on the part of any user of the Internet, consisting in the possibility of introducing harmful software into the Client’s data communications system and obtaining and modifying its data by unauthorized persons. To avoid the risk of threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular, anti-virus programs and firewall.
§ 2. Definitions
The terms used in the Regulations mean respectively:
1/ Store — online store operating at https://equus-brand.com/ selling products at a distance.
2/ Seller — Anna Wieczorkowska Equus Care, ul. Baczyńskiego 8, 84-242 Kębłowo, Poland, NIP: 5882467345, REGON: 388562680.
3/ Customer — any entity making orders and purchases in the Online Store in accordance with the content of the Terms and Conditions, in the case of natural persons, the Customer may only be a person of full legal age with full legal capacity.
4/ Customer Account — a profile containing data on the Customer’s transactions carried out and used to process orders placed by the Customer.
5/ Consumer — a natural person making a legal transaction with an entrepreneur not directly related to his/her economic or professional activity.
6/ Entrepreneur — a natural person, a legal person or an unincorporated entity performing a legal act on its own behalf in the course of its business or professional activity.
7/ Regulations — this document, setting out the terms and conditions for the use of the Online Store and the purchase through it of products coming directly from the Seller.
8/ Registration — voluntary submission of data by a Store Customer consisting of filling out a form available on the Store’s Website.
§ 3. Registration and Login
1/ The customer, in order to establish a “Customer Account”, registers by providing an email address and password, using the form provided by the Seller.
2/ The password provided when logging into the Online Store may consist of letters or numbers. The password is unique for each user. The password can be changed on the site by entering the email address and the new password. The establishment of a “Customer Account” is free of charge.
3/ Registration is not a condition for placing an order in the Online Store. Conditions for placing orders are presented in § 5 of these Regulations.
4/ The customer undertakes to provide true data. The Seller shall not be responsible for any erroneous or false data provided by the Customer.
5/ The Customer, by accepting the Terms and Conditions, declares that the data indicated by him/her are true, and that he/she has voluntarily joined the services offered by the Seller,
6/ The Registered Customer has the option:
– order a product offered by the Seller,
– monitor the status and history of the orders they make,
– agree to be informed by the Seller about current promotions and anticipated discounts, and to take advantage of such promotions and discounts,
– change your password in the Customer’s Account, data and mailing address at any stage, while changing the delivery address is possible at the final stage – preparation of the Customer’s order for execution after informing the Seller,
– deletion of the Account,
7/ After the proper registration of the Account, the Customer will receive a confirmation of registration to the email address indicated by him/her.
8/ Successful registration and activation of the Account in the Seller’s Online Store allows you to log in to the Account.
§ 4. Rules of use of the Internet Store
1/ The customer visiting the Store or using its services is obliged in particular to:
– not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
– use of the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
– not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,
– Use of the Online Store in a manner that is not onerous for other Customers and the Seller,
– use any content posted within the Online Store only for your own personal use,
– not to copy or distribute content, images of products without prior consent of the Seller,
– use of the Internet Store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.
§ 5. Order processing
1/ The Online Store is open 24 hours a day, 7 days a week, allowing the Customer to place an order at any time, except for maintenance breaks, of which information will be posted on the Website. The Customer shall indicate whether he requests an invoice or receipt from the Seller.
2/ The online store confirms receipt of the order by an email message it sends to the customer. The message contains the proposed content of the sales contract, in particular: the number and date of the order, the details of the purchased goods, the price and the method of its payment, the details of the parties to the contract, the place, method and proposed cost of delivery.
3/ If the proposed content of the sales contract is not consistent with the order placed by the Customer, the Customer should immediately notify the Online Store by sending an email indicating the discrepancies noted. In such a case, the Online Store will resend the corrected content of the proposed contract to the Customer.
4/ The online store confirms acceptance of the order for processing by sending the customer another email message stating that the product has been forwarded to the courier along with the waybill number. Depending on the customer’s choice, an invoice or a receipt will be sent with the shipment, unless the customer requests that the invoice be delivered via email.
6/ The customer places an order as follows:
– The customer selects the goods and adds them to his order via the “Add to cart” button, which is located under each good offered by the Seller,
– The customer enters the necessary data on the delivery form indicated by the Seller, selects the form of delivery and method of payment (by online transfer / cash on delivery of goods),
– The customer approves the completed order and makes payment for the ordered goods if the payment method is selected via online transfer,
– The customer approves the order confirmation sent by the Seller,
– The execution of the order will begin immediately after confirmation of the order of goods by the Customer and receipt by the Seller of confirmation of payment (in the case of payment method via online transfer),
7/ Registered Customers have the ability to track the status of their order,
8/ The customer who proceeds with the order in the manner indicated in point 8 is required to read and accept these Regulations,
9/ When placing an order directly via email or via the Website without logging in, the customer shall provide the ordering party’s name, email address, as well as mailing and delivery address, contact number, name, size and quantity of the ordered goods. At the same time, the customer undertakes to indicate the correct data,
10/ Confirmation of order placement sent directly by the Seller to the Customer contains the data of the Online Store, including the exact mailing address, email address and telephone number, description of the ordered product, unit price (and if more than one item is purchased – total price) of the ordered goods, total price of the order (including the proposed cost of delivery), the proposed form of delivery and payment, information about the right to withdraw from the contract by the Customer without giving any reason within 14 days for Customers who are Consumers, information about the right of warranty for Customers who are Consumers, an attachment which is a sample statement of withdrawal from the contract within 14 days for Customers who are Consumers,
11/ In the case of products made to order or currently out of stock, the lead time may be extended from 14 to 30 days, of which the customer will be informed by email or telephone.
§ 6. Prices
1/ The prices listed next to the goods on the website of the Internet Store http://equus-brand.com/ are given in Polish zloty and include taxes and fees.
2/ The price of the goods before marking the “Add to cart” button does not include shipping and other additional charges.
3/ The cost of shipping and making payment shall be added to the sum of the ordered products.
4/ The customer is informed of the additional costs before placing the order.
5/ The final price of an order, binding on the Online Store and the Customer, shall be the price of the goods listed on the Online Store’s website prior to payment by the Customer, including all costs associated with the execution of the contract.
6/ The customer will be informed of the final price again when the seller sends an order confirmation to the customer’s email address.
§ 7. Form of payment
1/ The customer has the option to pay for the goods for the order placed in the form of:
– Internet transfer payments.
§ 8. Delivery
1/ The customer chooses the type of delivery available on the website of the Online Store, these are:
– InPost Paczkomat® parcel pick-up stations, bank transfer,
– Courier, bank transfer.
2/ The customer covers the cost of delivery.
3/ The delivery period in each case is indicated in the course of ordering and is from 1 to 3 working days, except for the products described in § 5 point 13.
4/ The maximum delivery period is 21 days, excluding the products described in § 5 item 13.
5/ In case of unavailability of the product, the Seller shall inform the Buyer within 14 working days about this fact, presenting a proposal for another version of the product. If the new version is accepted by the Customer, it is considered that there has been a modification of the originally concluded contract and it is binding on the parties.
6/ If the time limit indicated in Section 6 is exceeded, the customer has the right to give the seller additional time. If the goods are still not released, the customer may withdraw from the contract.
7/ Deliveries are made on working days, Monday through Friday. Deliveries are not made on weekends and holidays.
8/ The Online Store shall be responsible for the danger of accidental loss of or damage to the ordered goods until the Customer receives them, unless the Customer has chosen a form of delivery other than that offered by the Online Store.
9/ Courier shipments are subject to insurance.
10/ The customer at the time of receipt of the consignment has the opportunity to inspect the goods and in case of any damage write a protocol in the presence of the supplier. Writing a report does not constitute a condition for filing a complaint or exercising the right to withdraw from the contract.
11/ Goods are delivered within the territory of Poland.
§ 9. Right of withdrawal
This section applies to Customers who are Consumers, it does not apply to purchases made in the framework of the Buyer’s business.
1/ The consumer may withdraw from the contract without giving any reason by making a statement in any form within 14 days from the date of delivery of the ordered goods to him. To meet the above deadline it is sufficient to send the statement before its expiration to the following email address: office@equus-brand.com,
2/ In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded. What the parties have provided shall be returned unchanged. The return should be made immediately, no later than within 14 days. The purchased goods should be returned to the following address: Anna Wieczorkowska Equus Care ul. Baczyńskiego 8, 84-242 Kębłowo, Poland.
3/ The consumer shall be liable for any diminution in the value of the thing resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the thing.
4/ If the consumer, in the course of placing an order, has chosen a method of delivery other than the cheapest ordinary means of delivery offered by the trader, the trader shall not be obliged to reimburse the consumer for the additional costs incurred by him.
5/ The direct costs of returning the goods in connection with the exercise of the right shall be borne by the Consumer, unless the Seller has agreed to bear them or has not informed the Consumer of his right to withdraw from the contract. The Consumer is obliged to return the goods no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the goods before its expiration.
6/ If the Consumer withdraws from the contract, the Seller will refund the order price within 14 days from the date of receipt of the goods. The refund will be made to the bank account indicated by the Consumer. The Seller shall issue a written certificate of refund. 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 refund that does not involve any additional costs for the Consumer.
7/ A model withdrawal statement can be found on the website of the Online Store and is sent in the order confirmation email.
8/ The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts in which the subject of performance is a perishable item or has a short shelf life.
9/ The Seller reserves the right to withdraw from the contract in case of impossibility of fulfillment of the order of goods, in particular in case of lack of material or elements necessary for the execution of the order, technical or production problems, force majeure, etc. In such a case, the ordering party will be immediately informed of this, and the amount paid by him will be refunded.
10/ The seller shall not be liable for any damage that may result from his failure to deliver the goods or extend the time limit for the execution of the order.
11/ In the event that the Seller withdraws from the contract for the reasons described in Section 9, the contract shall be considered not concluded, and the Seller shall immediately return the payments received to the Buyer, in any case no later than within 14 days from the date of withdrawal from the contract, provided that such payment has been made. The Seller shall not be liable above the amount of payments received for the consequences of non-delivery of the goods.
§ 10. Consumer’s right to warranty
1/ Goods offered in the Online Store are covered by 24 months of Seller’s liability for non-conformity of goods with the contract. There is a presumption that if the Consumer reported the warranty to the Seller within 12 months of delivery of the product, then the product defect already existed at the time of delivery.
2/ Complaint on the basis of the seller’s liability for non-conformity of goods with the contract may be forwarded:
– via Polish mail to the Store’s correspondence address – Anna Wieczorkowska Equus Care, ul. Baczyńskiego 8, 84-242 Kębłowo, Poland,
– via email office@equus-brand.com
3/ The complaint should include a detailed description of the type of non-conformity, the date of its occurrence, the Consumer’s request, order number and contact information should be specified, which will facilitate the complaint procedure.
4/ The Seller is exempt from liability under the warranty if the Consumer knew of the defect at the time of conclusion of the contract.
5/ The Online Store shall consider complaints immediately, no later than within 14 days of receiving the complaint sent by the Customer.
6/ In the absence of information on how the complaint was handled, within the time limit specified in point 5/, the complaint shall be considered resolved in favor of the Customer.
7/ In the case of a justified complaint, the customer may demand that the product be brought into conformity with the contract, that the product be repaired free of charge or replaced with a new one, that the price be reduced or that the contract be cancelled. The online store will refund the equivalent of the product price to the customer. The customer may not withdraw from the contract if the defect is insignificant.
8/ The response to the complaint is sent at the choice of the Client: by post or email.
9/Example Complaint form can be found on the order page and is included in the email when the order is approved.
10/ Warranty claims and the right to withdraw from the contract under the terms of §9 of the Terms and Conditions shall not be granted to Customers purchasing as Entrepreneurs, excluding Entrepreneurs within the meaning of Article 385 of the Civil Code.
§ 11. Rules of processing personal data of customers
1/ The data administrator is Anna Wieczorkowska Equus Care, ul Baczyńskiego 8, 84-242 Kębłowo, Poland, NIP: 5882467345, REGON: 388562680.
2/ The Administrator shall be entitled to disclose personal data only to entities authorized under applicable laws, in accordance with the provisions of the Regulations and applicable laws.
3/ The administrator undertakes to store data securely.
4/ Personal data and information contained in the registration form or email will be used by the Administrator to conclude, amend, terminate the contract with the Customer and ensure, the highest possible quality of services provided. For this purpose, the Administrator processes the following data: name and surname, email address, address, Entrepreneur’s data, NIP/Tax Identification Number.
5/ The Customer has the right to inspect and modify his/her personal data at any time, as well as to delete them immediately upon notification to the Administrator, who shall modify or completely delete the data at the Customer’s request.
6/ The administrator undertakes to apply technical and organizational measures to ensure data protection, in particular by securing the data against unauthorized access.
7/ The entrusted personal data is stored and secured in accordance with the principles set forth in the applicable laws and regulations and has been reported to the database of the Inspector General for Personal Data Protection.
8/ The database was created for the sole purpose of enabling customers to make purchases at office@equus-brand.com.
§ 12. Additional services
1/ The Seller, in addition to the sale of products, allows the use of free Services through the Online Store, which are provided 24 hours a day, 7 days a week. The exceptions are short service interruptions.
2/ The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated at the moment of sending a request by the Customer to remove the Account to the following address: office@equus-brand.com.
3/ The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter service). For this purpose, it is necessary to provide a valid email address or activate the appropriate field in the registration form or the Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter service agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her email address from the Newsletter subscription or to unsubscribe using the link in the content of the message sent within the Newsletter service.
4/ The Seller has the right to organize occasional contests and promotions, the terms and conditions of which will be stated each time on the web pages of the Store. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion provide otherwise. The Seller has the right to withdraw a promotion or contest at any time without notifying the participants. The Seller has the right to withdraw a promotion or contest at any time without notifying the participants.
5/ If the Customer violates the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.
§ 13. Final Information
1/ The Rules and Regulations are permanently available at https://equus-brand.com/ in a manner that allows them to be obtained, reproduced and recorded by printing or saving them on a data carrier at any time.
2/ If the Customer is a Consumer, any disputes arising under the Terms and Conditions or sales contracts may be resolved through mediation or a common court of general jurisdiction.
3/ If the Customer is an entrepreneur, any disputes arising under the Terms and Conditions or sales contracts will be resolved first amicably by the Parties through mediation, and if the Parties fail to reach an agreement – by the Court of Common Pleas with jurisdiction over the Seller’s registered office.