Terms and Conditions of the Store

Terms and Conditions of the Greypet.com Online Store
Effective as of: March 11, 2022

 

These Terms and Conditions set out the rules for the sale of products via the Online Store available at https://greypet.com, operated by Absolutico Spółka z ograniczoną odpowiedzialnością, with its registered office in Bielsko-Biała, Poland, at ul. Górska 73, entered into the Register of Entrepreneurs maintained by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under KRS number: 0000544072, NIP (Tax ID): 5472153073, REGON: 360802670; e-mail: info@greypet.com

(hereinafter referred to as the "Service Provider" or "Seller").
These Terms also constitute the regulations for the provision of electronic services within the meaning of Article 8(1)(1) of the Polish Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).

 


 

Contents:

  1. General Provisions
  2. Definitions
  3. Electronic Services in the Online Store
  4. Terms of Sale Agreement and Product Pricing
  5. Order Placement and Fulfillment
  6. Payment Methods
  7. Shipping Methods and Costs
  8. Warranties and Complaints
  9. Statutory Warranty (Rękojmia)
  10. Right of Withdrawal
  11. Provisions Regarding Business Clients
  12. Client Personal Data
  13. Termination of Electronic Service Agreements
  14. Terms and Conditions
  15. Final Provisions

 


 

§1 General Provisions

  1. The Seller of the products offered through the Greypet.com Online Store is the business entity Absolutico Sp. z o.o., with its registered office in Bielsko-Biała, ul. Górska 73, Poland, registered in the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under number KRS 0000544072, NIP 5472153073, REGON 360802670.
  2. These Terms and Conditions are addressed to both Consumers and Business Clients using the Online Store. The Terms are available under the “Terms and Conditions” section of the website www.greypet.com  and are prepared in a printable format.
  3. The provisions of these Terms and Conditions do not intend to exclude or limit any consumer rights granted under mandatory provisions of applicable law. In case of any conflict between these Terms and the Consumer Rights Act, the statutory provisions shall prevail. All ambiguous clauses shall be interpreted in favor of the Consumer.
  4. Prior to using the Online Store, the Customer is required to accept these Terms and Conditions. Acceptance is made by checking the appropriate checkbox during the ordering process.
  5. The Seller provides the following methods of communication with Customers:
    1. E-mail: info@greypet.com
    2. Contact form available at: www.greypet.com/en/contact
  6. The Customer is obligated to use the Online Store in accordance with applicable laws.
  7. All manufacturer names and brand trademarks presented on the Online Store are the property of their respective owners and are displayed for informational purposes only.
  8. The website www.greypet.com  is administered and edited by Absolutico Sp. z o.o., with its registered office in Bielsko-Biała, Poland.
  9. The Customer is required to respect copyrights and intellectual property rights to all materials and trademarks featured on the Online Store website, as protected by the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2021, item 1062, as amended) and the Act of 30 June 2000 – Industrial Property Law (Journal of Laws of 2021, item 324, as amended).

§2 Definitions

  1. Business Days – all weekdays from Monday to Friday, excluding public holidays.
  2. Registration Form – a form available in the Online Store, enabling the creation of a Customer Account.
  3. Order Form – an Electronic Service; an interactive form available in the Online Store, allowing the Customer to place an Order by adding Products to the electronic Shopping Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
  4. Customer – both a Business Client and a Consumer.
  5. Business Client (Entrepreneur) – any natural person, legal person, or organisational unit without legal personality, acting (including through another person acting on their behalf or for their benefit) in the course of business or professional activity.
  6. Consumer – a natural person with full legal capacity purchasing a Product:
    (i) not directly related to their business or professional activity, or
    (ii) directly related to their business activity, if it follows from the contract content that it is not of a professional nature for that person, particularly based on the nature of their business as listed in the Central Registration and Information on Business (CEIDG).
  7. Civil Code – the Polish Civil Code Act of 23 April 1964 (Journal of Laws 2020, item 1740, as amended).
  8. Account – an Electronic Service identified by an individual login and password provided by the Customer, storing Customer data used for identification and authorising purchases in the Online Store pursuant to these Terms. It contains order history and other information in the Service Provider's IT system.
  9. Shopping Cart – a list of Products selected by the Customer for purchase.
  10. Newsletter – an Electronic Service; a digital mailing service provided by the Service Provider via e-mail, enabling all subscribed Users to automatically receive subsequent editions of newsletters containing information about Products in the Online Store.
  11. Products – tangible, movable goods available for order in the Online Store, subject to the Sales Agreement between the Seller and the Customer, and not made to the individual specifications or on request of the Customer.
  12. Terms and Conditions – these Terms of Use of the Online Store.
  13. Online Store – the Seller’s/Service Provider’s online retail platform, available at www.greypet.com , through which Products from the Seller’s offer are sold (within the meaning of Article 8 of the Act on Providing Services by Electronic Means).
  14. Seller/Service ProviderAbsolutico Spółka z ograniczoną odpowiedzialnością, with its registered office in Bielsko-Biała, ul. Górska 73, Poland, entered into the Register of Entrepreneurs by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under KRS number 0000544072, NIP 5472153073, REGON 360802670; e-mail: info@greypet.com.
  15. Means of Electronic Communication – technical solutions, including IT equipment and accompanying software, enabling remote communication using data transmission between IT systems, particularly by e-mail.
  16. Sales Agreement – a contract for the sale of a Product entered into between the Customer and the Seller via the Online Store.
  17. Distance Contract – a contract concluded between the Seller and the Customer within a structured system for concluding contracts at a distance, without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication up to and including the moment of conclusion of the contract.
  18. Electronic Service – a service provided electronically by the Service Provider to the User via the Online Store.
  19. User – a natural person with full legal capacity, or – where permitted by law – a natural person with limited legal capacity, a legal person, or an organisational unit with legal capacity, using or intending to use an Electronic Service.
  20. Order – a declaration of will by the Customer, submitted via the Order Form, constituting an offer to conclude a Sales Agreement for a Product with the Seller.

§3 Electronic Services in the Online Store

  1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
  2. The Customer may place an order via the Online Store either by registering an Account or without registration, by completing the Order Form available on the Online Store’s website.
  3. Account – The use of a Customer Account is possible after completing the following two steps, in accordance with the on-screen instructions:
    – filling out the Registration Form, and
    – clicking the “Register” button.
    The Registration Form requires the following data: first and last name, e-mail address, and password. After activating the Account, the Customer must also provide a mailing address and phone number. Business Clients are additionally required to provide the company name and tax identification number (NIP).
  4. Order Form – The use of the Order Form begins when the first Product is added to the electronic Shopping Cart. An Order is placed after the following two steps, in accordance with the on-screen instructions:
    – completing the Order Form, and
    – clicking the “Proceed to confirmation/Next” button.
    Until this step, the Customer may freely modify the entered data by following the prompts displayed on the Online Store's website.
    The Order Form requires the following data: first and last name, address (street, house/apartment number, postal code, city), e-mail address, phone number, selected Product(s), quantity, delivery method and address, and payment method. Business Clients are also required to provide the company name and tax identification number (NIP).
  5. Newsletter – Subscription to the Newsletter is possible by entering an e-mail address in the "Grey Pet Club" section available on the Online Store’s website and clicking “Join”. The Newsletter can also be subscribed to by selecting the relevant checkbox during Account registration or order placement. Upon subscribing, the User becomes a Newsletter recipient.
  6. Use of the Electronic Services by the User is free of charge.
  7. The Account and Newsletter services are provided for an indefinite period.
  8. Use of the Order Form is a one-time service and concludes upon placement of the Order.
  9. Technical requirements necessary to cooperate with the Service Provider’s ICT system:
    – A computer, laptop, or other multimedia device with Internet access;
    – Access to an e-mail account;
    – A web browser: Mozilla Firefox (version 11.0 or newer), Internet Explorer (version 7.0 or newer), Opera (version 7.0 or newer), or Google Chrome (version 12.0.0 or newer);
    – Recommended screen resolution: 1024x768;
    – Enabled cookies and JavaScript in the web browser.
  10. The User is obliged to use the Online Store in a lawful manner, consistent with good practices, and to respect the personal rights, copyrights, intellectual property, and trademark rights of third parties.
  11. The User must provide accurate and up-to-date information.
  12. The User is prohibited from interfering with the content of the Online Store, particularly from submitting unlawful content or using the Store for purposes other than its intended use.

§4 Terms of Sale Agreement and Product Pricing

  1. All announcements, advertisements, price lists, and other information provided on the Online Store’s website – including product descriptions, specifications, and pricing – shall be considered an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code, and not a binding offer.

  2. Individual computer settings may result in discrepancies between the visual display of a Product on the Customer’s screen and its actual appearance (e.g., color). The Customer, if a Consumer, retains the right to withdraw from the contract pursuant to the provisions set forth in §10 of these Terms and Conditions.

  3. Product prices listed in the Online Store are quoted in Polish zloty (PLN) and include VAT and, where applicable, customs duties. Prices do not include delivery charges, which are calculated individually and clearly stated before and during the order placement process.

  4. Prices displayed in the Online Store may be subject to change, particularly due to changes in VAT rates or the Seller’s temporary promotional campaigns. The Seller’s right to run promotional campaigns shall not affect Orders placed prior to the effective date of the price change. The price applicable at the time the Customer places an Order shall be binding.

  5. The Seller is obligated to obtain the Customer’s explicit consent for any additional payments exceeding the agreed-upon compensation for the main contractual obligations resulting from the sale of Products in the Online Store.

  6. A VAT invoice or a fiscal receipt is issued for each Order.

§5 Order Placement and Fulfillment

  1. To conclude a Sales Agreement via the Online Store, the Customer must first place an Order.
  2. Orders, which constitute an offer to conclude a contract, may be placed by adding selected Products to the Shopping Cart and following the instructions displayed on the website. After completing the shopping process, a summary will be displayed along with available payment and delivery methods, including information on shipping costs. The Customer selects the preferred payment and delivery method and then accepts the terms of the Sales Agreement by selecting the checkbox “I confirm my order with an obligation to pay.”
  3. The Order must include the Customer’s billing information, contact details, and delivery address.
  4. After the Order is placed, the Seller shall promptly confirm its receipt, which makes the Customer bound by their Order. An automatically generated confirmation email will include a summary of the ordered Products, the total cost (including Product price and delivery charges), and a confirmation that the Order has been received and accepted for processing.
    The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives the above confirmation email.
  5. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer through the following means:
    a. publication of these Terms and Conditions on the Online Store’s website;
    b. an e-mail confirmation as referred to in §5(4);
    c. a proof of purchase enclosed with the shipment.
    The content of the Sales Agreement is additionally stored and secured within the Seller’s IT system.
  6. The Sales Agreement is concluded in accordance with these Terms and Conditions.
  7. Order fulfillment commences as follows:
    – For cash-on-delivery orders: upon acceptance of the Order by the Seller;
    – For prepaid orders: upon receipt of payment to the Seller’s bank account.
  8. If a Product ordered by the Customer is temporarily unavailable (but not defective), the Seller will inform the Customer by email or telephone. The Customer may then choose to:
    – wait for later delivery,
    – receive a refund of the paid amount, or
    – select a different Product of the same value.
  9. The Customer acknowledges that a limited quantity of Products is allocated for promotional sales, and such Orders will be fulfilled on a first-come, first-served basis, until the promotional stock is depleted. Promotions may not be combined unless otherwise stated in the specific terms of the promotional campaign.
  10. The place of performance under the Sales Agreement shall be the address indicated by the Customer as the delivery address.

§6 Payment Methods

  1. The Customer may pay for the ordered Products using one of the following methods:

a) Prior to the release of the Products, acceptable payment methods include:

– Electronic transfer (e-transfer) or traditional bank transfer to the following bank account:

mBank S.A. (formerly BRE Bank S.A. – Retail Banking)
P.O. Box 2108, 90-959 Łódź 2, Poland
Account number (IBAN): PL72 1140 2004 0000 3102 7576 6623
BIC/SWIFT code: BREXPLPWMBK

– Online payments via T-Pay, PayU, or PayPal;
– Credit card payments (Visa or MasterCard).

For credit card payments, order fulfillment begins upon successful authorization.
Online payment processing is provided by Blue Media S.A.
The payment must be completed within 7 days from the date the Order is placed.

b) Upon delivery – applicable only to Orders placed by Consumers – payment on delivery is accepted:

– Cash on delivery (COD), paid directly to the courier or postal worker at the time of delivery (courier service or Polish Post).


 

2. Electronic payment transactions are processed according to the Customer’s choice via T-Pay, PayU, or PayPal.

3. T-Pay – The current list of available payment methods via T-Pay is specified in the "Payment methods and deadlines" section of the Online Store and at: https://tpay.com/dla-platnika

4. PayU – The current list of available payment methods via PayU is specified in the "Payment methods and deadlines" section of the Online Store and at: http://www.payu.pl

5. PayPal – The current list of available payment methods via PayPal is specified in the "Payment methods and deadlines" section of the Online Store and at: www.paypal.pl

 


6. The electronic payment services are operated by:

a) T-Pay – Krajowy Integrator Płatności S.A., with its registered office in Poznań, plac Andersa 3, 17th floor, 61-894 Poznań, Poland. Registered with the District Court Poznań – Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS no. 0000412357, NIP 7773061579, REGON 300878437. Fully paid share capital: 5,494,980 PLN.

b) PayU S.A. – with its registered office at ul. Grunwaldzka 182, 60-166 Poznań, Poland. Registered in the National Court Register under KRS no. 0000274399, with records held at the District Court Poznań – Nowe Miasto and Wilda. Fully paid share capital: 4,000,000 PLN. NIP 7792308495.

c) PayPal (Europe) S.à r.l. & Cie, S.C.A. – with its registered office at:
5th Floor, 22-24 Boulevard Royal, L-2449 Luxembourg.
Phone: (+352) 27 302 143.

§7 Delivery Methods and Costs

  1. Products ordered via the Online Store are delivered by Polish Post (Poczta Polska) or by a courier service specified in the Order confirmation form.
  2. Product delivery is available within the territory of the Republic of Poland and other European Union member states. Delivery to countries outside the European Union may be arranged individually and is subject to prior agreement regarding shipping costs.
  3. Delivery costs are borne by the Customer. These costs are calculated and displayed during the Order placement process and depend on the selected delivery method and payment option. Delivery fees vary depending on the weight, dimensions, destination, and payment method. They are also available in the "Delivery & Payment" section of the Online Store.
  4. Delivery of the ordered Product, in the case of payment via bank transfer, shall take place within 7 business days from the date the Seller's bank account is credited. For cash-on-delivery orders, delivery shall take place within 7 business days from the date of the conclusion of the Sales Agreement.
  5. The exact delivery date will be confirmed no later than the day before the Product is delivered to the Customer, either by phone or email.
  6. Upon receipt of the shipment, the Customer should inspect the external condition and contents of the package in the presence of the courier. In the event of shortages or damage, the Customer should immediately draw up a damage report with the courier. If the defect or damage is discovered after delivery, the courier must be contacted within 7 days of receipt to draft the report.
  7. Receipt of the shipment must be confirmed with a written acknowledgement of delivery.

§8 Warranties and Complaints

  1. The Seller makes every effort to ensure that the services provided through the Online Store are of the highest standard. However, this does not exclude the possibility of temporary unavailability of the Store due to maintenance, inspections, equipment replacement, or necessary modernization or expansion of the Online Store.
  2. Complaints related to the provision of Electronic Services via the Online Store, as well as other complaints concerning the operation of the Online Store or improper functioning of the Service, may be submitted by the User, in particular:
    – via e-mail to: info@greypet.com, or
    – in writing to: Absolutico Sp. z o.o., ul. Górska 73, 43-300 Bielsko-Biała, Poland.
  3. It is recommended that the complaint description includes as much detail and context as possible, especially: the type and date of the irregularity, the Customer’s preferred method of resolving the complaint, and contact details – this will facilitate and expedite the complaint handling process.
  4. The Service Provider will review the complaint promptly, no later than 14 days from the date of its receipt.
  5. The Service Provider’s response to the complaint will be sent to the contact address provided by the User, unless the User specifies a different preferred method of communication.
  6. Products sold by the Seller may be covered by a manufacturer’s warranty. The Seller does not provide any independent warranty for the Products. Rights under the manufacturer’s warranty must be exercised in accordance with the terms stated in the warranty card, which is provided to the Customer along with the legally required documentation in Polish, including user instructions enabling proper use of the Product.
  7. If the Product is covered by a manufacturer’s warranty, the Customer may file a complaint regarding defects by:
    1. a. Exercising the rights under the manufacturer’s warranty – in such cases, the complaint is submitted directly to the guarantor (the entity granting the warranty), and the Seller may act only as an intermediary forwarding the complaint. The Customer may choose to contact either the authorized warranty service center or the Seller;
    2. b. Exercising the rights granted by the Seller under the statutory warranty (rękojmia) – in such cases, the complaint should be submitted in accordance with the provisions of §9 of these Terms and Conditions.
  8.  The warranty for a sold Product does not exclude, limit, or suspend the Customer’s rights arising from statutory warranty (rękojmia).

§9 Statutory Warranty (Rękojmia)

  1. The basis and scope of the Seller’s liability toward the Customer under the statutory warranty (rękojmia) are governed by the provisions of the Polish Civil Code.
  2. Notifications related to exercising rights under the statutory warranty and submission of any relevant claims may be made via e-mail to: info@greypet.com or in writing to:
    Absolutico Sp. z o.o., ul. Górska 73, 43-300 Bielsko-Biała, Poland.
  3. The Seller is liable to the Customer for any physical or legal defects of the Product.
  4. The Seller is liable under the statutory warranty if a physical defect is discovered within two (2) years from the date the Product was delivered.
  5. If the buyer is a Consumer, public assurances made by the manufacturer, its representative, the entity introducing the Product to the market, or any party presenting itself as the manufacturer (e.g. by affixing their name, trademark, or logo), are considered equivalent to assurances made by the Seller.
  6. The Seller is not liable to the Consumer if the Product does not have properties indicated in such public assurances, provided the Seller was unaware of them and could not reasonably have known about them, or if such assurances had no influence on the Consumer’s decision to conclude the contract, or if they were corrected prior to conclusion of the Sales Agreement.
  7. If the buyer is a Consumer and the defect is discovered within one year from the date of delivery, it is presumed that the defect or its cause existed at the time of delivery.
  8. If the Product is defective, the Customer may request:
    – replacement of the Product,
    – repair of the Product,
    – a reduction in the purchase price, or
    – if the defect is significant, declare withdrawal from the contract.
  9. If the Customer requests a price reduction or withdraws from the contract, the Seller may, without undue delay and inconvenience to the Customer, replace the Product with a defect-free one or remove the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller, or if the Seller has not fulfilled the obligation to replace or repair the Product.
  10. If the buyer is a Consumer, they may, instead of the remedy proposed by the Seller, request that the Product be replaced or repaired, unless the selected remedy is impossible or would involve excessive costs compared to the Seller’s proposal.
  11. The Customer exercising rights under the statutory warranty must deliver the defective Product to the Seller at the Seller’s expense.
  12. The defective Product may be delivered to the Seller by:
    – contacting the Seller and returning the Product via Polish Post or courier, or
    – personally delivering it to the Seller’s office.
  13. If the Consumer requests a replacement or repair, or submits a statement regarding a price reduction (indicating the amount of the requested reduction), and the Seller does not respond within 14 days, the claim is deemed to be accepted.
  14. The Seller is not liable under the statutory warranty if the Customer knew of the defect at the time of concluding the contract.
  15. If a Business Client purchases Products that are fungible goods or to be manufactured in the future, the Seller is not liable under the warranty if the Business Client knew of the defect at the time of delivery.
  16. A Business Client loses rights under the statutory warranty if they fail to inspect the Product in the usual manner and fail to notify the Seller of the defect promptly. If the defect emerges later, the Business Client must notify the Seller promptly upon discovery.
  17. Claims for repair or replacement expire one year after the defect is discovered. If the buyer is a Consumer, this period cannot end before the expiration of the time limit referred to in §9(4).
  18. Within the period specified in §9(17), the Customer may also submit a statement on withdrawal from the contract or a price reduction due to a defect.
  19. If the Customer has requested repair or replacement, the deadline for withdrawal or requesting a price reduction starts upon the unsuccessful lapse of the repair or replacement deadline.
  20. To comply with the deadline indicated in §9(17), it is sufficient to send a notice of the defect before the deadline expires.
  21. The Seller shall respond to a request for repair or replacement within 14 days of its receipt.

§10 Statutory Right of Withdrawal

  1. In accordance with the Polish Act of 30 May 2014 on Consumer Rights, the Consumer has the right to withdraw from the Sales Agreement without providing a reason and without incurring any costs, except for those specified in Articles 33, 34(2), and 35 of the said Act. This may be done by submitting a written declaration within 14 (fourteen) calendar days from the date on which the Consumer or a third party other than the carrier and designated by the Consumer takes possession of the Product. The withdrawal deadline shall be deemed met if the declaration is sent before its expiration. The declaration may be submitted by registered mail or by email, and it may also be delivered in person to the Seller.
  2. In the case of withdrawal from a contract for the provision of an Electronic Service, the 14-day withdrawal period begins on the day the contract is concluded.
  3. If the declaration of withdrawal is submitted by email, the Consumer may use the withdrawal form available at:
    https://greypet.com/pl/page/zwroty-i-odstapienie-od-umowy
    The Seller is obliged to immediately confirm receipt of the Consumer’s withdrawal declaration submitted by email.
  4. If the Consumer places a single order covering multiple Products delivered separately, the withdrawal period expires 14 days after the Consumer (or a third party other than the carrier and designated by the Consumer) takes physical possession of the last Product. If the Products are delivered in parts or batches, the withdrawal period expires 14 days after the Consumer takes possession of the last batch or part.
  5. The Consumer may revoke their declaration of withdrawal only if the revocation is submitted before or at the same time as the declaration of withdrawal.
  6. The Consumer shall bear the following costs as defined in the above-mentioned Act: – the cost of returning the goods if they chose a delivery method other than the least expensive standard method offered by the Seller;
    – the direct cost of return;
    – the cost of services performed up to the time of withdrawal.
  7. The Consumer may withdraw from the Sales Agreement in full or in part, i.e., with regard to one or more Products ordered.
  8. The Consumer must return the Product without undue delay, and at their own expense, by postal or courier service, or in person at the Seller’s registered office – but in any case no later than 14 days from the date of withdrawal. The return should be made to:
    Absolutico Sp. z o.o., ul. Górska 73, 43-300 Bielsko-Biała, Poland,
    unless the Seller has offered to collect the Product.
  9. If the Consumer selects a return method other than the least expensive standard delivery option offered by the Seller, the Seller is not obliged to refund the additional costs incurred.
  10. The returned Product must be accompanied by the proof of purchase.
  11. Products should be returned in unchanged condition, unless the change was necessary within the scope of ordinary handling (i.e., to establish the nature, features, and functioning of the Product).
  12. The Consumer is liable for any diminished value of the Product resulting from handling beyond what is necessary to determine the nature, characteristics, and functionality of the item.
  13. The Seller is obliged to refund the Consumer, without undue delay and no later than 14 days from receipt of the withdrawal declaration, all payments made, including the cost of delivery to the Consumer.
  14. The refund will be made using the same payment method used by the Consumer, unless the Consumer expressly agrees to another method that does not incur additional costs. If a refund must be issued for a payment made by card, the refund will be sent to the bank account associated with the card used.
  15. Unless the Seller has offered to collect the returned Product, the Seller may withhold the refund until they receive the returned item or receive proof of its return – whichever comes first.
  16. The right of withdrawal from a distance contract does not apply to agreements that relate to:
    1. services which have already been performed with the Consumer’s express consent and prior acknowledgment that the right to withdraw is forfeited upon full performance;
    2. goods or services whose prices depend on fluctuations in the financial market outside the Seller’s control;
    3. goods made to the Consumer’s specifications or clearly personalized;
    4. goods which are perishable or have a short shelf life;
    5. sealed goods which, for health or hygiene reasons, cannot be returned once opened;
    6. goods which, by their nature, become inseparably mixed with other goods after delivery;
    7. urgent repairs or maintenance expressly requested by the Consumer;
    8. contracts concluded at a public auction;
    9. digital content not supplied on a tangible medium, if the service began with the Consumer’s express consent and acknowledgment of the loss of the right of withdrawal.

§11 Provisions Applicable to Business Clients

  1. This section of the Terms and Conditions, and all provisions contained herein, apply exclusively to Customers acting as Business Clients.
  2. In the case of Business Clients, the Seller reserves the right to limit available payment methods, including the requirement for full or partial advance payment, regardless of the payment method selected by the Customer in the Order Form or the fact that a Sales Agreement has already been concluded.
  3. The Business Client is obliged to fulfill their contractual obligations under the Sales Agreement – in particular, to pay the purchase price and accept delivery of the Product – without delay and no later than 7 days from the date of conclusion of the Agreement, unless the Sales Agreement provides otherwise.
  4. Products subject to a Sales Agreement concluded with a Business Client remain the property of the Seller until the full purchase price and delivery costs arising from the Agreement have been paid.
  5. Upon delivery of the Product by the Seller to the carrier, all benefits and burdens related to the Product, as well as the risk of accidental loss or damage, pass to the Business Client. The Seller shall not be liable for any loss, shortage, or damage to the Product occurring during transport, from the moment it is handed over to the carrier until it is delivered to the Business Client, nor for any delivery delays.
  6. When a Product is shipped to a Business Client via a carrier, the Business Client is obliged to inspect the shipment promptly, in accordance with standard practices for shipments of that kind. If any loss or damage is discovered, the Business Client is required to take all necessary steps to establish the liability of the carrier.
  7. The Service Provider’s/Seller’s liability to a Business Client, regardless of the legal basis, is limited – both for individual claims and for all claims in total – to the amount actually paid by the Business Client for the Product and delivery under the Sales Agreement. The Service Provider/Seller shall only be liable for typical, foreseeable damages at the time the contract was concluded and shall not be liable for any lost profits of the Business Client.

§12 Client’s Personal Data

  1. The controller of personal data processed in connection with the Online Store is the Seller: Absolutico Spółka z ograniczoną odpowiedzialnością, with its registered office at ul. Górska 73, 43-300 Bielsko-Biała, Poland, entered into the Register of Entrepreneurs maintained by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under KRS number 0000544072, NIP: 5472153073, REGON: 360802670.
  2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 10 May 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR), and the Act on the Provision of Electronic Services of 18 July 2002. By providing their personal data in the Online Store, the Customer consents to the processing of such data by the Seller for the purpose of providing Electronic Services and selling Products.
  3. When placing an order, the Customer gives consent to the processing of personal data for the purposes of order fulfillment. Consent is expressed by selecting the appropriate checkbox during the order process.
  4. The provision of personal data is voluntary. The Customer has the right to access their data, correct it, request that its processing be restricted or stopped, or request its anonymization or deletion.
  5. The personal data provided by the Customer during registration are processed by the Service Provider solely for the purpose of fulfilling orders, maintaining the Account, issuing invoices, and – if the Customer has given additional consent – for marketing purposes and receiving commercial information.
  6. Detailed policies concerning the protection of personal data in connection with order placement and the use of the Online Store, before and after the order, are described in the Privacy Policy, which constitutes an annex and integral part of these Terms and Conditions.


 

§13 Termination of Electronic Services Agreement

  1. The Service Provider and the User may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.
  2. Termination of the agreement for the provision of Electronic Services:

a. The agreement for the provision of a non-fixed-term and continuous Electronic Service (e.g., an Account) may be terminated.

b. The User may terminate the agreement for the provision of Electronic Services without giving any reason, by submitting a written declaration, in particular via e-mail to: info@greypet.com, or by post to: Absolutico Sp. z o.o., ul. Górska 73, 43-300 Bielsko-Biała, Poland. The agreement will terminate 7 days after the declaration of termination is submitted, unless the parties agree to a shorter notice period.

c. In the case of Users who are also Consumers, the Service Provider may terminate the agreement for the provision of Electronic Services if the User grossly or persistently violates the Terms and Conditions, in particular by submitting unlawful content, after at least one ineffective request to cease or remove the violations with an appropriate deadline. The violation must be objectively unlawful. In this case, the agreement terminates 14 days from the date the Service Provider submits the termination declaration to the User.

d. In the case of Users who are also Business Clients, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating any reason, by sending a written termination notice to the User.

§14 Terms and Conditions

  1. The Service Provider/Seller publishes the current version of the Terms and Conditions on the Online Store’s website.
  2. The Terms and Conditions form an integral part of the Sales Agreement.
  3. The Service Provider/Seller may amend the Terms and Conditions for important reasons, including: changes in applicable law, or changes to payment and delivery methods – to the extent that such changes affect the provisions of these Terms.
  4. In accordance with Article 384 of the Polish Civil Code, the Service Provider/Seller shall inform Users/Customers who maintain an Account in the Online Store in advance about any intended amendments to the Terms and Conditions by sending an email with information about the changes and their effective date. The amended Terms and Conditions shall be binding on the User/Customer unless they terminate the agreement for the provision of continuous Electronic Services within 14 days of receiving such notification.
  5. If the User/Customer wishes to terminate their Account, they must notify the Service Provider/Seller by sending an email to the Service Provider’s contact address.
  6. If the User/Customer does not notify the Service Provider/Seller of their intention to terminate the Account within the period specified in point 4 above, the amended Terms and Conditions shall enter into force on the date indicated by the Online Store.
  7. Amendments to the Terms and Conditions shall not affect the rights already acquired by Users who are also Consumers and who used the Online Store before the date the changes enter into force. In particular, such changes shall not apply to orders already placed or Sales Agreements that have been concluded, are being performed, or have been completed.


 

§15 Final Provisions

  1. If the Online Store is not functioning properly, or if there are technical errors or other irregularities, please report the issue via email or other electronic communication.
  2. In matters not governed by these Terms and Conditions, the provisions of generally applicable law shall apply.
  3. In the event of a dispute arising in connection with the performance of a Sales Agreement, the Consumer may use out-of-court dispute resolution methods, including permanent consumer arbitration courts, mediation, or the EU’s online dispute resolution platform available at: http://ec.europa.eu/consumers/odr. If the Consumer does not opt for such out-of-court resolution, the dispute shall be submitted to the competent common courts.
  4. Any disputes arising between the Service Provider/Seller and a Business Client shall be settled by the common court having jurisdiction over the Seller.
  5. These Terms and Conditions, together with the withdrawal information required under Article 12(1) of the Polish Consumer Rights Act, constitute an integral part of any distance Sales Agreement and may only be amended by express mutual consent of the parties.
  6. For any questions, please contact the Service Provider/Seller.
  7. These Terms and Conditions shall enter into force on March 14, 2022.