Terms and Conditions of June 1, 2016
Regarding consumer sales of goods in the shop “quanpet.com”
1. Terms and Conditions define the rules of electronic services regarding the sale and delivery of goods at a distance, ie. without the simultaneous presence of the parties, as well as lodging and handling of Buyers complaints and return of goods, conducted by the store “quanpet.com” (hereinafter referred to as “Store “or” Seller “), on the Web at http://quanpet.com
2. Within the meaning of these Terms and Conditions, the Seller is a limited liability company, conducting business under the name Quanpet LTD, registered on 06.04 2016 in the UK under the number of 10109798, situated at 158 Uxbridge Road, West Ealing, London W13 8SB.
3. The Buyer for the purposes of these Terms and Conditions is a natural person being an individual consumer, a legal person, a natural person who is not a consumer or other organizational unit without legal personality.
1. The Terms and Conditions define the terms and conditions of sale of goods in the store run on the Web at http://quanpet.com. The Seller can sell goods in other ways, including other stores or online sales platforms. These Terms and Conditions shall not apply to the sale of goods by the Seller outside of the Store ‘quanpet.com “run off at http://quanpet.com
2. The Seller shall give the price of the goods in Euros and in gross value (including VAT).
3. The price of the goods does not include the cost of shipping to the Buyer, which is calculated on the basis of costs incurred to deliver the goods to the Buyer. Information about delivery costs are given in the description of each item. The Seller can deliver the goods to the Buyer free of charge.
4. The Seller is obliged to deliver goods free from defects.
1. The user of the Store can be any natural person after proper registration to the system of the Store.
2. Registration to the system of the Store is completed by entering the Buyer’s e-mail address.
3. In connection with the execution of orders, in particular documentation of the sale and delivery of goods, the Seller may process the following information given by the Buyer:
1) name and surname,
3) email address,
4) address of delivery,
5) telephone number.
4. The Seller may process personal data provided by the Buyer only for the correct fulfillment of the obligations arising from the agreements, including a contracts of sale, and in particular:
1) documenting the sale in the manner prescribed by law,
2) the delivery of goods in the manner and at the address specified by the Buyer,
3) handling returns and complaints.
5. The Seller processes personal data given by the Buyer on the basis of consent submitted by the Buyer, as well as in accordance with the Act on personal data protection and the Act on electronic services. The Buyer has the right to access own data and correct them as well as request for deleting the data.
6. The Seller shall not provide or disclose personal data to other data controllers, except to the extent necessary for the proper performance of an obligation.
7. Providing personal data by the Buyer is entirely voluntary, however it is required for the proper implementation of the agreement.
8. The Buyer may request the Seller to remove his User’s Account of the Store. In this case, the Seller removes the data associated with the activity of the Buyer in the Store. The Seller can process data related to the agreements of sale, particularly in the period necessary for handling complaints and other claims of the Buyers.
9. Notwithstanding points 1-8, the Seller shall also sell goods to the Buyers who have not registered in the Store.
The submission and execution of orders, payments
1. The information given in the Store is an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code. None of the information provided in the Store by the Seller constitutes an offer within the meaning of the Civil Code.
2. Expressed by the Seller invitation to conclude the contract shall determine in particular:
1) the type of product, its manufacturer,
2) a brief description of the goods,
3) the price of the good,
4) the expected delivery time,
3. The Buyer may submit an offer to conclude a contract of sale of goods to the Seller through the selection of goods with the appropriate functionality of the Store (adding to the “basket” and approving the ordered goods in the basket).
4. By submitting an offer, the Buyer provides data and information necessary to proper processing of the order, in particular the data indicated in par. 3 point 3.
1. The Seller immediately after receipt of the offer confirms its adoption to the Buyer, via a message sent to the e-mail address of the Buyer.
2. The Seller may, immediately after receiving the offer from the Buyer, refuse to accept the offer, if its implementation is impossible.
3. After accepting the offer by the Seller, the Buyer may make the payment of the price for the goods and shipping through PayPal.
4. Delivery of goods is provided through courier service indicated in the description of the goods.
1. Currently, a presale is being conducted; expected delivery time is till 10/01/2016.
2. If the execution of the contract is impossible due to even transient unavailability of ordered goods, the Seller shall immediately notify the Buyer, indicating at the same time the right to:
1) withdrawal from the contract by the Buyer in full. In case of choosing this option by the Buyer, the Seller shall promptly return the entire price paid by the Buyer together with the delivery charge. The Seller is exempt from the obligation to perform the contract in full,
2) withdrawal from the contract by the Buyer in part. In case of choosing this option by the Buyer, the Seller shall immediately return the appropriate part of the price paid by the Buyer. The Seller executes the order in the remaining part,
3. Notwithstanding the provision of point 2, if the execution of the contract is impossible due to even transient unavailability of ordered goods, the Seller may, with the consent of the Buyer, deliver other goods of the same purpose and the same quality and price. The Buyer has the right to return goods delivered in this way at the Seller’s expense, with a 14-day period.
Seller’s responsibility for defects of goods
1.The Seller shall be liable to the Buyer under the warranty for physical defects, if the goods ( an item ) is not in conformity with the contract, and in particular:
1) does not have properties that this kind of thing should have regarding the purpose determined in the contract or resulting from circumstances or its application,
2) does not have properties about the existence of which the Seller assured the Buyer, including providing a sample or a model,
3) is not suitable for the purpose about which the Buyer has informed the Seller upon conclusion of the contract, and The seller did not raise any objections to such an intended use of the item,
4) has been given to the Buyer in an incomplete state.
2.The Seller is responsible under the warranty if the physical defect of goods will be found within 2 years from the date of delivery of the goods to the Buyer.
3. If the physical defect has been detected before the end of 1 year from the date of delivery of the item sold, it shall be presumed that the defect or cause existed at the time of transition of the risk to the Buyer.
4. The Buyer’s claim for the removal of defects or replacement of goods sold to free from defects expires after one year from the date of detecting a defect, but not earlier than after 2-year period referred to in point 2 above.
1. If the item sold has a defect, the Buyer may make a statement about the price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective item for the defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to exchange the thing for free from defects or to remove the defect.
2. However, the Buyer may instead of proposed by the Seller removal of defects require the exchange of the thing for another one, free from defects or instead of exchanging the thing require the removal of defects, unless bringing the thing into compliance with the agreement in a manner chosen by the Buyer is impossible or would require excessive costs in comparison with the method proposed by the Seller . When assessing these costs, one shall take into account the value of the goods free of defects, the nature and the importance of the defect, and also the inconvenience to which the Buyer would be subject to in case of other type of satisfying his claims.
3. The Buyer cannot withdraw from the contract if the defect is irrelevant.
4. If the Buyer has requested replacement of the item or removal or defect or made a statement about lowering its price, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 days, it is believed that the request is considered justified.
5. A Buyer who shall exercise the powers under the warranty delivers defective goods to the Store at the expense of the Seller. The Seller is obliged to accept defective goods from the Buyer.
1. . If due to a physical defect of the goods sold the Buyer filed a statement of withdrawal from the contract or price reduction, he may claim compensation for the damage suffered by concluding the contract, not knowing about the existence of defects, even if the damage was the result of circumstances for which the Seller shall not be responsible. In particular, the Buyer may demand:
1) reimbursement of the costs regarding concluding the contract,
2) reimbursement of the costs of receipt, transport, storage and insurance of goods,
3) reimbursement of expenses to the extent in which he did not benefit from these expenditures,while the exercise of these possibilities does not prejudice the entitlement to claim for damages on general principles.
Right of withdrawal
1. The Buyer may, within 14 days from the date of delivery of goods to the Buyer withdraw from the sale contract without giving any reason and at no cost.
2. The Buyer withdraws from the sale contract by submitting a statement to the Seller on withdraw from the contract in any way, and in particular:
1) on the form attached hereto as Annex 2 to these Terms and Conditions,
2) electronically, using the model of withdrawal form,
3) by submitting a declaration via the entrepreneur ‘s website.
3. To meet the deadline it is enough to send a statement before its expiry.
4. In the event of cancellation of the contract it shall be deemed void. If the Buyer filed a statement of withdrawal from the contract before the Seller accepted the offer in the manner specified in par. 5 point 1 of the Terms and Conditions, the offer ceases to be binding.
5. In case of withdrawal from the contract, the Buyer must return the item to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to send back the things before its expiry. The Buyer shall only bear the direct costs of returning the items.
6. The Seller shall immediately, not later than within 14 days from the date of receipt of the notice of withdrawal from the contract, return to the Buyer all payments made by him, including the costs of delivery of goods. If the Buyer has chosen delivery method other than the least expensive ordinary delivery of things offered by the Seller, the Seller is not obliged to reimburse the Buyer the additional costs incurred by him.
7. The Seller shall refund payments using the same method of payment, which was used by the Buyer, unless the Buyer expressly agreed to otherwise form of return which does not oblige him to bear any costs.
8. The Seller may withhold the reimbursement of payments received from the Buyer until the receipt of the items or deliver y by the Buyer of the proof of sending them back, depending on which event occurs first.
9. Given that the Seller has informed the Buyer about the right to withdraw from the concluded contract, as well as the manner and timing of withdrawal, the Buyer shall be liable for any diminished value of the goods being a result of using it in a way that goes beyond the necessary to establish the nature, characteristics and functioning of it.
10. The risk of accidental loss or damage of goods passes to the Buyer at the time of its delivery to the Buyer. From that moment, the Seller shall not be liable for any loss, damage or destruction of goods.
1. The Seller informs the Buyer that the procedure specified in par. 10 of the Terms and Conditions regarding the right of withdrawal is entitled to the Buyer in respect of any contract of sale.
2. The Buyer acknowledges that the subject of these benefits includes only non-prefabricated, standard goods which are not made to order or the consumer’s specifications.
1. Each user of the Store can submit a complaint to the Seller’s relating to irregularity in the functioning of the Store or the concluded contract, and in particular:
1) regarding goods being the subject of the sale contract concluded by the parties,
2) delivery method of the goods,
3) abnormality in the Store’s functionalities,
4) description of products.
2. The complaint may be submitted:
1) in writing, to the address of the Seller,
2) via a message sent to the e-mail address of the Seller.
3. The Seller shall consider the complaint and the user about the way of its handling immediately, but not later than within 14 days from the date of its submitting.
4. The Buyer may appeal the unfavorable consideration of complaint:
1) by bringing a complaint to the Seller afresh,
2) as specified in par. 15.
5. The Buyer may use the possibility of extra-judicial settlement of disputes electronically via the web platform ODR European Union allowing submitting complaints and redressing the claims related to the contract, which can be found at: http://ec.europa.eu/consumers/odr/ mail address electronic Seller is indicated in the “Contact”.
Other statements of the Seller
The Seller declares that:
1) He was not subject to the code of good practice referred to in Art. 2 point 5 of the Act on combating unfair commercial practices,
2) The Buyer is not obligated to make any purchases in the Store.
Technical conditions for the provision of services
1. The Seller specifies the following technical conditions for the provision of electronic services:
1) The Buyer should use a device that allows the use of the Internet, in particular a PC or similar,
2) use of services requires to fit the device with a web browser in the version of Firefox, MS Internet Explorer, Opera, or Chrome.
3. The Seller declares that under the Store he processes the following operating data of users of Internet service in which the Store is run:
1) IP address,
2) version of the browser,
3) type of browser,
5) operating system.
1. Any disputes arising from the contract of sale shall be dealt with by courts of law where jurisdiction is based on the Civil Code.
2. The Buyer may, notwithstanding the provisions of point 1, request the Seller for amicable settlement of any dispute concerning the contract or other matters relating to these Terms and Conditions.
1. The Seller may, for important reasons, make changes in these Terms and Conditions. Changing the Terms and Conditions takes place through the announcement of its new content in the Store and enters into force after 14 days from the date of informing the Buyers.
2. Important reasons include in particular:
1) change of the law,
2) extending the functionality of the Store, in particular the launch of new services by the Seller,
3) changing the way of the provision of services regarding the provision of information to the Buyers
3. About any changes in the Terms and Conditions, the Seller informs the Buyers through information on the Store website and through individual information sent by e-mail. After receiving information about a change of the Terms and Conditions, the Buyer has the right to terminate the contract within one month from receipt of information.
In matters not regulated by the following Terms and Conditions shall apply:
1) Civil Code, in particular in the part with regard to sales,
2) Act on consumer rights of 30 May 2014 (Dz.U. [Journal of Laws] from 2014, item 827, as amended).
The Terms and Conditions come into force on 6 June 2016
Appendix No.1 to the Terms and Conditions of 1 June 2016
regarding the sales of goods in the Store „quanpet.com”
INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
MODEL INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline to withdraw from the contract will expire after 14 days from the date on which you acquire possession of things or a third party other than the carrier and indicated by you came into the possession of things.
To exercise the right of withdrawal, you must inform the Seller, the capital company Quanpet LTD email: email@example.com, about his decision to withdraw from this contract by an unequivocal statement, the letter sent by e-mail.
You can use the model of withdrawal form, but it is not mandatory.
To keep the deadline for withdrawal, it is enough to send your information on exercising the right of withdrawal from the contract before the deadline for withdrawal.
Effects of withdrawal
If you withdraw from this contract we shall reimburse to you all payments received from you, including the costs of delivery of goods (with the exception of the additional costs resulting from the choice of a type of delivery other than the least expensive normal delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from this contract, not later than upon receipt of the items back, or after the consumer has supplied evidence of its return, depending on which event occurs first. Reimbursement of payments will be done using the same payment method that you used for the initial transaction, unless expressly agreed otherwise; in any case you will not incur any fees in connection with the return.
We may withhold reimbursement until receipt of things, or until submitting the evidence of its return, depending on which event occurs first.
Please send or give us the item immediately and in any event no later than 14 days from the day on which you communicate to withdraw from this agreement. The deadline is met if you send back the item before the deadline of 14 days.
You will have to bear the direct costs of returning the items.
You are only responsible for decrease in the value of things resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of the things.
Appendix No.2 to the Terms and Conditions of 1 June 2016
regarding the sales of goods in the Store “quanpet.com”
MODEL FORM OF WITHDRAWAL
(This form should be completed and returned only in case you wish to withdraw from the contract)
quanpet.com, email: firstname.lastname@example.org
I / We hereby give notice __________________ regarding the withdrawal from the contract of sale of the following items _______________________.
Date of concluding the contract __________________ / reception of items __________________
Name and surname of the consumer: ___________________________
Address of the consumer: ___________________________
Signature of the Buyer: ___________________,