Terms and conditions

ONLINE SHOP REGULATIONS

REDPET.SITE

TABLE OF CONTENTS: 

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DEADLINE OF PAYMENT FOR THE PRODUCT
5. TERMS OF USE OF A PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES
6. MANNER AND TERM OF PERFORMING A SERVICE
7. COMPLAINT HANDLING PROCEDURE
8. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
9. THE STATUTORY RIGHT OF WITHDRAWAL FROM THE CONTRACT
10. THE CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT 
11. PROVISIONS CONCERNING ENTREPRENEURS
12. PRODUCTS REVIEWS
13. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
14. FINAL PROVISIONS
15. MODEL WITHDRAWAL FORM

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl. The online shop www.redpet.site takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place apply the provisions of the Act on Consumer Rights. The provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.

1. GENERAL PROVISIONS
   1. The Online Shop available at the Internet address www.redpet.site is run by the company CZERWONY PIESEK NESTOROWICZ SPÓŁKA KOMANDYTOWO-AKCYJNA based in Olenówka, Poland (the office address and correspondence address: Olenówka 27, 22-174 Brzeźno, Poland), registered in the register of entrepreneurs of National Court Registry under the number: 0000980418; register court which holds the company’s documentation: District Court for Lublin – Wschód in Lublin based in Świdnik, VI Commercial Department of National Court Registry; share capital in the amount of: 50 000,00 PLN fully paid; tax ID no. NIP (VAT UE): PL5632449286, National Economy Register No. REGON 522473220; e-mail address: contact@redpet.site and telephone number: +48 576 933 252.
   2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a given provision states otherwise.
   3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller). 
   4. Definitions:
      1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
      2. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of the payment.
      3. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; – who has concluded or intends to conclude a Sales Contract with the Seller.
      4. CIVIL CODE – Polish Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 with amendments).
      5. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.
      6. REVIEWS – Electronic Service which allows the Customers to add opinions and reviews of Products and concluded Sales Contracts in the Online Shop.
      7. COPYRIGHT ACT – Polish Copyright and Related Rights Act of 4^th of February 1994  (Journal of Laws No. 24, item 83 with amendments).
      8. PRODUCT – a digital content or a service (including digital and non-digital service) available in the Online Shops and being the subject of the Sales Contract between the Customer and the Seller. 
      9. available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
      10. REGULATIONS – these regulations of the Online Shop.
      11. ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.redpet.site 
      12. SELLER, SERVICE PROVIDER – the company CZERWONY PIESEK NESTOROWICZ SPÓŁKA KOMANDYTOWO-AKCYJNA based in Olenówka, Poland (the office address and correspondence address: Olenówka 27, 22-174 Brzeźno, Poland), registered in the register of entrepreneurs of National Court Registry under the number: 0000980418; register court which holds the company’s documentation: District Court for Lublin – Wschód in Lublin based in Świdnik, VI Commercial Department of National Court Registry; share capital in the amount of: 50 000,00 PLN fully paid; tax ID no. NIP (VAT UE): PL5632449286, National Economy Register No. REGON 522473220; e-mail address: contact@redpet.site and telephone number: +48 576 933 252.
      13. SALES CONTRACT –  (1) a contract for the delivery of a Product (in the case of digital content or a digital service) or (2) a contract for the provision or use of a Product (in the case of a service other than digital and other Products) which is being concluded or has been concluded between the Customer and the Seller via the Online Shop.
      14. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop and which is not a Product.
      15. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; – using or intending to use the Electronic Service. 
      16. CONSUMER RIGHTS ACT – Polish Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 with amendments).
      17. ORDER – Customer’s declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.
      18. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) L 277, 27.10.2022, p. 1–102).
      19. ILLEGAL CONTENT – any information that, in itself or in relation to an activity, including the sale of Products or the provision of services, is not in compliance with European Union law or the law of any EU Member State which is in compliance with European Union law, irrespective of the precise subject matter or nature of that law.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
   1. The following Electronic Services are available in the Online Shop: Order Form, Newsletter and Reviews.
      1. Order Form – using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps – (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form the field “Place order” – up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data regarding the Customer: name and last name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product(s), amount of Product(s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.
         1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient. 
      2. Newsletter – the use of Newsletter is possible after the Service Recipient provides for this purpose their electronic mail address (e-mail) into the right tab visible on the Online Shop website or while placing an Order.
         1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: contact@redpet.site or in writing to the address: Olenówka 27, 22-174 Brzeźno, Poland.
      3. Reviews – it is possible to add an opinion and review a Product by using the appropriate form available in the “Reviews” tab visible on the page of the given Product. When adding an opinion or review, the Customer may also select a graphical rating of the Product on a five-point scale. When using this Electronic Service, the Customer shall provide only accurate and truthful information. The Service Recipient must not post false or fictitious opinions, opinions which are offensive or factually inaccurate. To add an opinion, the Service Recipient must enter the following data in the relevant form: the content of the opinion and a graphical rating, name and e-mail address. Publishing an opinion issued by a Service Recipient on the website of the Online Shop requires prior approval of the opinion by the Service Provider in accordance with the principles set out in item 12 of these Regulations.
         1. The Reviews Electronic Service is provided free of charge, is single-use in nature and terminates when an opinion or a review is added through it or upon earlier discontinuation of using it by the Service Recipient.
   2. The Service Provider complies with Article 14(1) of the Act on Provision of Electronic Services of 18^th July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended), according to which one does not bear any responsibility for storing data in the ICT system if is not aware of unlawful nature of the data or related activities, and in case of receiving official notification or reliable information about the unlawful nature of the data will immediately prevent access to this data.
   3. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) up-to-date version of Internet browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) enabling Cookies and Javascript support in the web browser.
   4. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content, including Illegal Content.
   5. Complaint procedure with regard to the Electronic Services is indicated in item 7 of the Regulations.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
   1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.1 of the Regulations. 
   2. The Product price or renumeration shown on the Online Shop website is given in American dollars (USD) and includes taxes. The Customer is informed of the total Product price or renumeration, inclusive of taxes, or where the nature of the Product is such that the price cannot reasonably be calculated in advance, the manner in which it is to be calculated, as well as any other applicable costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable – on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract. 
   3. The Seller may personalise the Product price in the Online Shop based on the automated decision-making, which involves differentiating the prices of Products displayed to Customers depending on whether the person visits the Online Shop again or for the first time. In the case of a Customer who visits the Online Shop for the first time, the displayed price of the Product may be reduced in relation to the standard price, and this state will persist for the first few days after the Customer’s first visit to the Online Shop website.
   4. The procedure of concluding a Sales Contract in the Online Shop using the Order Form
      1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.1 of the Regulations. 
      2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.
   5. The consolidation, security and access to the Customer the content of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.4.2 of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Shop.
4. METHODS AND DEADLINE OF PAYMENT FOR THE PRODUCT
   1. The Seller provides the Customer with the following methods of payment under the Sales Contract:
      1. Payment by bank transfer to the Seller’s bank account.
      2. The electronic payments and credit card payments via PayU.pl or Paynow.pl service – detailed information on available payment methods are specified on the Online Shop website in the payment tab and on the websites: https://www.payu.pl or https://www.paynow.pl.
         1. The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer’s choice through PayU.pl or Paynow.pl service. The support for electronic payments and credit card payments is provided by:
            1. 4.1.2.1.1.PayU.pl – the company PayU S.A. based in Poznań, Poland (adress: Grunwaldzka 186 St., 60-166 Poznań, Poland), entered in the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 7 789 000,00 PLN fully paid up; tax ID no. NIP: 7792308495.
            2. Paynow.pl – the company mBank S.A. based in Warsaw, Poland (adres: Senatorska 18 St., 00-950 Warsaw, Poland), entered in the Register of Entrepreneurs of the National Court Register under the number 0000025237; registration files kept by the District Court for the capital city of Warsaw in Warsaw; share capital in the amount of 168 840 628,00 zł fully paid; NIP: 5260215088.
      3. Payments in the instalment system – the payment is made in whole or in part with the funds from the credit granted via PayU.pl service by a selected lender. Currently available lenders are indicated on the website https://www.payu.pl.
      4. Payment in the instalment system through TubaPay.pl – the payment is made in whole or in part with funds from the credit granted by the company BACCA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (the limited liability company) based in Warsaw, Poland (address: al. Komisji Edukacji Narodowej 93, 02-777 Warsaw, Poland), entered in the Register of Entrepreneurs of the National Court Register under the number 0000386087, registration files held by the District Court for the capital city of Warsaw in Warsaw, share capital of PLN 7,984,400.00 fully paid up, NIP: 9512334714.
   2. The above-mentioned payment methos may not be available for all Products at the same time. Up-to-date information on available payment methods is specified each time the Customer places an Order at the latest.
   3. Payment deadline:
      1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract. In individual cases, the Seller could also allow payment in instalments payable at intervals agreed with the Customer.
      2. If the Customer chooses the instalments payment by third-party, the Customer is obliged to make payments to the chosen lender in accordance with the agreed repayment schedule.
5. TERMS OF USE OF A PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES
   1. This clause 5 of the Regulations defines default terms for using the Products – digital content and digital services available in the Online Shop. These rules apply in the absence of individual terms of use of the Product for a given Product or to the extent not regulated by individual regulations (in such case, information on the individual conditions shall be given in the description of the Product to which they apply).
   2. The rights to the Product, including copyrights in the case of Products constituting a work within the meaning of the Copyright Law, are vested in the Seller or other authorized third parties. The Customer does not receive ownership of any copyright or other intellectual property rights to the Product.
   3. On the basis of the concluded Sales Contract, the Customer is entitled to use the Product in the manner and to the extent necessary to use it for the purposes specified in the Sales Contract, and in the absence of such specification, for the purposes for which a Product of that type is usually used, taking into account applicable law, technical standards or good practices.
   4. The use of the Product by the Customer is possible only for the Customer’s own use, including as part of his business activity, unless the Sales Contract provides otherwise. Subject to the exceptions provided for by generally applicable regulations and other provisions of the Sales Contract: (1) the Customer is not entitled to make the Product available to third parties; (2) the Customer is not entitled to use the Product for commercial purposes, including marketing the Product; (3) the Customer is not authorized to transfer, sublicense or authorize others to use the Product; (4) the Customer is not entitled to copy, duplicate, modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to interfere with the Product, unless it is necessary to ensure proper use of the Product in accordance with the Sales Contract.
   5. The use of the Product by the Customer is possible for the period specified in the Sales Contract. In the absence of any information to the contrary in the description of the Product or during the placing of the Order, the use of the Product shall be assumed to be possible indefinitely.
   6. Access to the Product is granted by sending digital content (e.g. computer file) or a link (URL address) with access data (e.g. login, password), which enables access to the digital content or services included in the Product, to the Customer’s e-mail address indicated in the Order.
   7. Thedeadline for delivery of the Product to the Customer is up to 5 Business Days unless a shorter deadline is specified in the description of the Product or when placing the Order. The beginning of the delivery time of the Product to the Customer is counted as follows:
      1. If the Customer chooses the method of payment by bank transfer, electronic or pay card payment – from the date of crediting the Seller’s bank account or current account.
      2. If the Customer chooses the method of payment in the installment system – from the date of notifying the Seller by the creditor of concluding a credit agreement with the Customer, but not later than from the date of crediting the Seller’s bank account with funds from the credit granted to the Customer.
   8. The Seller reserves the right to make a change to a Product that is not necessary to keep it in conformity with the Sales Contract in the event of one or more justifiable reasons, i.e. when the change is necessary to adapt the digital content or digital service to a new technical environment or to an increase in the number of users or for other important operational reasons – and only to the extent that this reason affects the change. However, the Seller may not make a change to a Product delivered on a one-off basis. The introduction of the change referred to above may not involve any costs on the part of the consumer, and the Seller is obliged to inform the consumer in a clear and comprehensible manner of the change being made. If the change referred to above materially and adversely affects the consumer’s access to or use of the Product, the Seller shall be obliged to inform the consumer well in advance on a durable medium of the nature and timing of the change and the right to terminate the Sales Contract without notice within 30 days from the date of the change or the notification of that change, if the notification was made later than the change. The right of termination referred to in the preceding sentence shall not apply if the Seller has provided the consumer with the right to keep, at no additional cost, the Product in conformity with the Sales Contract in an unchanged condition.
6. MANNER AND TERM OF PERFORMING A SERVICE
   1. In the case of a Product being a service, the manner and term of performance of the service is provided in the Product’s description on the website of the Online Shop, and if necessary, it could also be agreed individually between the Customer and the Seller after the conclusion of the Sales Contract.
   2. Unless the Sales Contract states otherwise, the performance of the service shall take place at the earliest after the Customer has paid all the payments due to the Seller for the service.
7. COMPLAINT HANDLING PROCEDURE
   1. The clause 7 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the Seller’s running of the Online Shop.
   2. A complaint can be submitted, for example.
      1. in writing to the following address: Olenówka 27, 22-174 Brzeźno, Poland;
      2. in electronic form via e-mail to the following address: contact@redpet.site.
   3. It is recommended to provide in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the of irregularities or lack of conformity with the contract; (2) the request to bring the Product into conformity with the contract or a statement of price reduction or withdrawal from the Sales Contract, or other claim and (3) the contact details of the complainant – this will facilitate and speed up the consideration of the complaint. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.
   4. In the event of a change in the contact details provided by the complainant during the complaint consideration, they are obliged to notify the Seller about it.
   5. The complaint may be accompanied by evidence (e.g., photos, documents, the Product or screen shots) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos), if it facilitates and speeds up the consideration of the complaint by the Seller.
   6. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.
   7. The basis and scope of the Seller’s liability are defined by generally applicable laws, in particular in the Civil Code, the Consumer Rights Act and the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended). The following additional information is indicated regarding the Seller’s liability, as provided by law, for the Product’s conformity with the Sales Contract:
      1. Detailed conditions regarding the complaint of the Product purchased by the Customer under the Sales Contract concluded with the Seller until December 31, 2022, are set out in the provisions of the Civil Code in the wording in force until December 31, 2022, in particular art. 556–576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller’s liability towards the Customer if the Product sold has a physical or legal defect (warranty). Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product purchased according to the preceding sentence to the Customer who is not a consumer shall be excluded.
      2. Detailed conditions regarding the complaint of the Product – digital content or digital service purchased by the Customer under the Sales Contract concluded with the Seller from January 1, 2023 or before this date, if the delivery of such a Product was to take place or took place after that date, are set out in the provisions of the Consumer Rights Act in the wording in force from 1. January 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability towards the consumer if the Product – digital content or difital service does not comply with the Sales Contract.
   8. The provisions regarding a consumer contained in the point 7.7.2 of the Regulations shall apply also to the Customer who is a natural person and concludes a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity run by the person, disclosed on the basis of the provisions on the Polish Central Register and Information on Economic Activity (CEIDG).
8. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
   1. Methods of resolving disputes without court involvement include (1) allowing the parties’ positions to be brought closer together, such as through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) settling the dispute and impose a solution on the parties, such as through arbitration. The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims, the rules of access to these procedures as well as user-friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Polish Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
   2. At the Office of the President of Competition and Consumer Protection there is a contact point, whose task, among others, is the provision of information for the consumers in matters relating to the extrajudicial solving of consumer disputes. The consumer can contact this point: (1) via telephone – by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at the address: 1 Powstańców Warszawy Square in Warsaw (00-030).
   3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court; (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection; or (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at porady@dlakonsumentow.pl  and at the consumer helpline number 801 440 220 (call center on Business Days, 8:00 – 18:00, call fee according to the operator’s tariff).
   4. An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
9. THE STATUTORY RIGHT OF WITHDRAWAL FROM THE CONTRACT 
   1. According to the Consumer Rights Act, the consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the contracts mentioned in point 9.5 and costs specified in point. 9.6 of the Regulations. To meet the deadline, it is required to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:
      1. in writing to the address: Olenówka 27, 22-174 Brzeźno, Poland;
      2. in electronic form via e-mail to the following address: contact@redpet.site.
   2. An exemplary template of withdrawal form is included in Enclosure no. 2 to the Consumer Rights Act and is additionally available in point. 15 of the Regulations. The consumer can use the template form, but it is not obligatory.
   3. The deadline for withdrawal from the contract which subject is a Product – digital content or digital service begins from the date of contract conclusion.
   4. In the event of withdrawal from a distant contract, the contract is considered null and void.
   5. The right to withdraw from a distant contract is not available to the consumer in relation to contracts: (1) for the delivery of digital content that is not stored on a tangible medium if the performance of the service started before the deadline to withdraw from the contract with the consumer’s express consent after being informed by the Seller about the loss of the right to withdraw from the contract and after acknowledging that, and if the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (2) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer who has been informed before the performance of the service that he will lose his right of withdrawal once the contract has been fully performed by the Seller, and acknowledged that.
   6. Possible costs and consequences related to the consumer’s withdrawal from the contract which subject is a Product – digital content or digital service:
      1. In a case of withdrawal from the contract for the delivery of the Product – digital content or digital service – from the date of receipt of the consumer’s statement on withdrawal from the contract the Seller shall refrain from using any content other than personal data, which was provided or created by the consumer when using the Product, except where such content: (1) has no utility outside the context of the digital content or digital service that was the subject of the contract; (2) only relates to the consumer’s activity when using the digital content or digital service supplied by the Seller; (3) has been aggregated with other data by the Seller and cannot be disaggregated or only with disproportionate efforts; (4) has been generated jointly by the consumer and other consumers, and other consumers are able to continue to make use of the content. Except in the situations referred to in clauses (1)–(3), the Seller shall, at the request of the consumer, make available to the consumer any content other than personal data, which was provided or created by the consumer when using the digital content or digital service supplied by the Seller. In a case of withdrawal from the contract the Seller may prevent any further use of the digital content or digital service by the consumer, in particular by making the digital content or digital service inaccessible to the consumer or disabling the user account of the consumer, without prejudice to the rights of the consumer, as described in the preceding sentence. The consumer shall be entitled to retrieve that digital content free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used and machine–readable format.
      2. In a case of withdrawal from the contract for the delivery of the Product – digital content or digital service – the consumer is obliged to refrain from using the digital content or digital service and from making it available to third parties.
      3. In the case of a Product being a service which performance – at the explicit request of the consumer – started before the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
   7. The provisions regarding a consumer contained in this section 9 of the Regulations shall apply from 1 January 2021 and for contracts concluded from that date onwards also to the Service Recipient or Customer who is a natural person and concludes a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity run by the person, disclosed on the basis of the provisions on the Polish Central Register and Information on Economic Activity (CEIDG).
10. THE CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT
    1. Notwithstanding the statutory right of withdrawal from the distant contract referred to in clause 9 of the Regulations and the right of complaint referred to in clause 7 of the Regulations, each Customer who has concluded a Product Sales Contract may exercise the contractual right of withdrawal under the terms and conditions indicated in this clause 10 of the Regulations.
    2. The contractual right of withdrawal shall also apply in cases where the statutory right of withdrawal is excluded pursuant to item 9 of the Regulations..
    3. The Customer may exercise the contractual right of withdrawal from the Sales Contract within 30 calendar days from the date of conclusion of the Sales Contract. To meet the deadline it is sufficient to send the declaration of withdrawal to the Seller in electronic form via e-mail to: contact@redpet.site.
    4. The Seller is obliged to return all payments made by the Customer to the Customer immediately, no later than within 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal from the contract. The Seller shall refund the payment by transfer to the bank account provided by the Customer.
    5. In matters not covered by these provisions, shall apply provisions of clause. 9 of the Regulations concerning the statutory right of withdrawal, particularly with regard to the effects of withdrawal with respect to digital content and services.
11. PROVISIONS CONCERNING ENTREPRENEURS
    1. This section 11 of the Regulations and all provisions whatsoever contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer. In addition, from January 1 2021 and for contracts concluded from that date onwards, this section of the Regulations and all provisions contained therein are not addressed to, and thus do not bind, the Customer or the Service Recipient who is a natural person concluding a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity the run by the person, disclosed on the basis of the provisions on the Polish Central Register and Information on Economic Activity (CEIDG), unless the application of the provisions contained in this section of the Regulations to such person is not forbidden by applicable laws.
    2. The Seller has the right to withdraw from the Sales Contract concluded with the Customer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer in relation to the Seller.
    3. The Seller’s liability under the legal warranty for the Product or lack of conformity of the Product with the Sales Contract shall be excluded.
    4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
    5. The Seller has the right to limit the available payment methods, including the requirement to make the prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.
    6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
    7. The liability of the Service Provider/the  Seller in relation to the Service Recipient/the Customer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid under the Sales Contract, but not more than up to the amount of one thousand Polish zlotys (PLN). The limitation of amount referred to in the preceding sentence applies to any claims whatsoever addressed by the Service Recipient/Customer to the Service Provider/Seller, including also the case when the Sales Contract is not concluded or the cases not related to the Sales Contract at all. The Service Provider/the Seller is liable towards the Service Recipient/the Customer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient/the Customer. 
    8. Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.
12. PRODUCTS REVIEWS
    1. The Seller enables its Customers to issue and access reviews of the Products and the Online Shop on the terms set out in this section of the Regulations.
    2. The Customer can leave a review in the Seller’s social media profiles or in individual communication with the Service Provider, who may ask the Customer to provide an opinion on the Product after purchase.
    3. A review of the Product may be issued only with regards to the Products actually purchased in the Seller’s Online Shop and by the Customer who purchased the Product being reviewed. It is forbidden to conclude fictitious or sham Sale Contract in order to issue a review about the Product. A review about the Online Shop may be issued by a person who is a Customer of the Online Shop.
    4. Adding reviews by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. By adding a review, the Customer is obliged to act in accordance with the law, these Regulations, and good customs.
    5. Reviews can be made available directly on the Online Shop website, e.g., next to a given Product or in the separate website tab containg Customer’s reviews.
    6. The Seller ensures that the published reviews about the Products come from its Customers who purchased the Product. To this end, the Seller takes the following actions to check whether the reviews come from its Customers:
       1. Publishing a review issued on the Seller’s social media profiles requires prior verification by the Seller. The verification consists in checking the compliance of the review with the Regulations, in particular checking whether the reviewer is a Customer of the Online Shop – in that case, the Seller checks whether that person has made a purchase in the Online Shop, and in the case of a review of the Product, he additionally checks whether the reviewer purchased the reviewed Product. 
       2. The Seller may contact the Customers via e–mail address provided by them during the purchase to invite them to share their opinion – in this way, the Seller makes sure that the review comes from the Customer who purchased the Product in the Online Shop.
       3. In case of doubts of the Seller or objections addressed to the Seller by other Customers or third parties, whether a given review comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that he is actually a Customer of the Online Shop or purchased the reviewed Product.
    7. Any comments, appeals against the review of reviews, or objections as to whether a given review comes from the Customer or whether a given Customer bought a given Product may be reported in a manner analogous to the complaint procedure indicated in clause 7. of the Regulations.
    8. The Seller does not post or commission any other person to post false reviews or recommendations of Customers and does not distort the reviews or recommendations of Customers in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.
13. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE
    REGULATIONS
    13.1. This section of the Regulations contains provisions arising from the Digital Services Act to the extent that they concern the Online Shop and the Service Provider. As a rule, the Service User is not obliged to provide content when using the Online Store, unless the Regulations require the provision of specific data (e.g. data for placing an Order). The Service User may be able to add a review or comment in the Online Shop using the tools provided for this purpose by the Service Provider. The Service User is obliged to comply with the rules contained in the Regulations each time he provides content.
    13.2. CONTACT POINT – The Service Provider designates the email contact@redpet.site as the single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the EU Member States, the European Commission, and the European Board for Digital Services, and at the same time enables the Users of the Page 9 of 11 service (including Service Users) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English languages for the purpose of communication with its contact point.
    13.3. Illegal Content notice and action mechanisms as reguired by Article 16 of the Digital Services Act:
    13.3.1. To the e-mail address contact@redpet.site, any person or entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.
    13.3.2. The notification should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates submitting – to the e-mail address provided above – reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of service; (3) the name and email address of the individual or entity submitting the notice, except in the case of information involving one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; (4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
    13.3.3. The notice referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 in respect of the specific item of information concerned where they allow Service Provider, acting diligently, to identify the illegality of the relevant activity or information without a detailed legal examination.
    13.3.4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.
    13.3.5. The Service Provider shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary and
    objective manner. Where the Service Provider uses automated means for that processing or decision-making, they
    shall include information on such use in the notification referred to in the previous paragraph.
    13.4. Information on the restrictions imposed by the Service Provider in connection with the use of the Online Shop, in relation to the information provided by Service Users:
    13.4.1. The Service User is bound by the following rules in the case of providing any content within the Online Store:
    13.4.1.1. the obligation to use the Online Shop, including to post content (e.g. as part of reviews or comments), in
    accordance with its intended use, these Regulations and in a manner consistent with the law and good practice,
    taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider
    and third parties.
    13.4.1.2. the obligation to provide content that is factually accurate and not misleading.
    13.4.1.3. prohibition on the provision of illegal content, including the prohibition on the provision of Illegal Content.
    13.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Shop.
    13.4.1.5. prohibition of providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive.
    13.4.1.6. the obligation to have – if necessary – all required rights and permissions to provide such content on the pages of the Online Shop, in particular copyrights or required licenses, permits and consents for their use, distribution, sharing or publication, in particular the right to publish and distribute in the Online Shop and the right to use and disseminate the image or personal data in the case of content, which includes the image or personal data of third parties.
    13.4.1.7. the obligation to use the Online Shop in a manner that does not pose a threat to the security of the Service
    Provider’s ICT system, the Online Shop or third parties.
    13.4.2. The Service Provider reserves the right to moderate content provided by the Service Users to the Online Shop. Moderation is carried out in good faith and with due diligence and on the Service Provider’s own initiative or on the received notification in order to detect, identify and remove Illegal Content or other content that does not comply with the Regulations or to prevent access to them or to take the necessary measures to comply with the requirements of European Union law and the law of any EU Member State which is in compliance with European Union law, including the requirements set out in the DSA, or the requirements contained in the Regulations.
    13.4.3. The moderation process may be carried out manually by a human or be based on automated or partially automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Regulations. After identifying such content, the Service Provider makes a decision as to whether to remove or disable access to the content, or otherwise limit its visibility or take other actions that it deems necessary (e.g. contacts the Service User to clarify objections and change the content). The Service Provider shall inform the Service User who provided the content (if we have their contact details) in a clear and easily understandable manner about its decision, the reasons for making it and the available options to appeal against this decision.
    13.4.4. act in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including the fundamental rights of the Service Users enshrined in the Charter of Fundamental Rights of the European Union, such as the freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
    13.5. Any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider’s decision made in accordance with the provisions of these Regulations may be submitted in a procedure analogous to the complaint procedure indicated in clause 6. the of these Regulations. This procedure is free of charge and allows you to submit complaints electronically to the e-mail address provided. The use of the notice and action mechanisms is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not affect its other rights.
    13.6. The Service Provider shall consider any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider’s decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Service Provider to believe that their decision not to take action in response to the complaint is unjustified or that the relevant information is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or disable access to the content or otherwise reduce their visibility or take any other action it deems necessary.
    13.7. Service Users, persons or entities who have reported Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the EU Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Service Provider’s internal complaints resolution system.
14. FINAL PROVISIONS
15. MODEL WITHDRAWAL FORM
    (ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

Model withdrawal form(this form should be completed and sent back only if you wish to withdraw from the contract)

–    Addressee: 

CZERWONY PIESEK NESTOROWICZ SPÓŁKA KOMANDYTOWO-AKCYJNA
Olenówka 27, 22-174 Brzeźno, Poland
redpet.site
contact@redpet.site

–    I / we (*) hereby inform about my / our withdrawal from the contract of sale of the following goods (*) contract for the supply of the following goods (*) contract for a work involving the following goods (*) / for the provision of the following service (*) 

–    The date of conclusion of the contract (*)/ recipe (*)

–    Name and surname of the consumer(s)

–    Address of the consumer(s)

–    Signature of consumer(s) (only if the form is sent in a paper version)

–    Date

(*) Delete as applicable.