Dear Customers, taking care of the quality of services rendered by our Internet Shop, we have prepared the Rules and Regulations for the use of MegaPets Internet Shop located at the domain address www.megapets.eu, hereinafter referred to as the “Regulations”.

The Regulations contain rules concerning the operation of the Internet Shop and information necessary to place orders in the Internet Shop for products and animals offered by the Seller. Due to the fact that the subject of sale in this online shop are, among others, animals, the Seller kindly requests to make responsible decisions in this respect in order to protect animals.

The Regulations have been prepared on the basis of the provisions of the Consumer Rights Act of 30 May 2014, the Act of 18 July 2002 on the provision of electronic services, the Civil Code and the General Regulation of the European Parliament and of the Council on the Protection of Personal Data of 27 April 2016.

We encourage you to read the full terms and conditions before placing an Order.

§1 GLOSSARY OF TERMS

We have used the following terms in the Terms and Conditions, which are to be understood as follows:

1. 1. Personal data controller – an authority, organisational unit, entity or person, deciding on the purposes and means of personal data processing, as defined in Article 7(4) of the Personal Data Protection Act of 29 August 1997;
   2. E-mail address – the e-mail address of the Online Store, i.e.: . contact@megapets.eu
   3. Customer – a natural person, a legal person and an organisational unit that is not a legal person, to which special regulations grant legal capacity, placing or intending to place an Order in the Online Store;
   4. Shopping Cart – an area of the Online Store, made available individually to the Customer, where the Customer can collect necessary information on his/her current purchases and details of the Order placed.
   5. Notification – electronic message sent to the Customer’s e-mail address provided in the course of filling in the Order Form in the Online Shop, containing specific information.
   6. Product – a movable item or animal available in the offer of the Online Shop, being the subject of the Sales Agreement between the Customer and the Seller.
   7. Online Shop – a Shop operated by the Seller, where Customers may purchase Products offered by the Seller via the Internet (electronically).
   8. Seller – the Seller and owner of the Online Shop is MegaPets Serhii Bondariuk with the registered office at the address: MAŁOPOLSKIE voivodeship, Krakowski poviat, Skawina municipality, loc. Skawina, ul. Lipowa, nr 5a, lok. 2, 32-050, NIP 9442289433, tel. 796965220.
   9. Sales agreement – an agreement concluded between the Seller and the Customer remotely, the object of which is the purchase of Products offered by the Internet Shop, made by hand on the Customer’s individual order.
   10. Order – a declaration of intent by the Customer, aimed directly at concluding a Sales Agreement, in which the Customer specifies its details.

§2 GENERAL PROVISIONS

1. The Seller is the administrator of personal data provided by the Customer as a result of using the On-line shop.
2. Information on the methods of personal data protection used by the Seller can be found in the Privacy Policy, which constitutes Appendix no. 1 to these Terms and Conditions.
3. All information contained on the website of the Online Store relating to products (including prices), do not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude an agreement, pursuant to Article 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Customer makes an offer to buy the indicated Goods for the price and under the conditions specified in the description.
4. In order to use the Shop, including browsing the Shop’s assortment and placing orders for the Products, it is necessary to have a final device with access to the Internet and an Internet browser, a keyboard or other pointing device enabling proper filling in of electronic forms, which is necessary to place an Order correctly, an active electronic mail (e-mail) account and cookies enabled.

§3 REGISTRATION AND ORDER PLACEMENT RULES

1. Making purchases in the Online Store is possible without registering a Customer Account. However, the Seller encourages to make purchases together with registration (creating an account). Registration takes place at the moment of placing the first order by selecting the option CREATE ACCOUNT? in the order form.
2. When filling in the details of the Customer’s Account, the Customer is obliged to provide his/her correct data. It is forbidden to provide third parties’ data.
3. . Placing orders takes place 7 days a week, 24 hours a day.
4. . In order to place an order, the Customer should first select the Product he/she is interested in from the Seller’s offer, specifying its parameters and then add the selected Product to the shopping cart by clicking on the ADD TO CART button. Clicking on this button transfers the Product to the shopping cart, after which the Customer has the option to continue shopping.
5. To complete the shopping process at the Online Store, the Customer enters the shopping cart by clicking on its icon available in the top right corner of the Online Store.
6. After entering the shopping cart, the Customer is transferred to the Order form, which needs to be completed by entering the data required by the form and making the required declarations of intent. Final confirmation of the submission is made by clicking the button BUY AND PAY available in the Order form.
7. All information contained on the website of the Internet Shop pertaining to products (including prices) do not constitute an offer within the meaning of art. 66 of the Civil Code of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude an agreement, pursuant to Article 71 of the Civil Code of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Goods for the price and under the conditions specified in the description.
8. In the case of placing an Order the subject of which will be an invertebrate (snail), the Seller invites and encourages the Customer to read the information on the rules of care for this type of animal, which is available on the website www.megapets.eu. In the event that additional information or guidance is required, the Seller encourages direct contact at contact@magapets.eu.

§4 PAYMENTS AND DELIVERY

1. Payment for the purchased Products may be made, at the Customer’s choice, in one of the following ways:
   1. Payment by bank transfer to the Seller’s account;
   2. via the payment system stripe.com payment system (details available at https://stripe.com/en-pl)
2. . When the Customer places an Order, the subject of which are invertebrates (insects and snails), the Seller prefers to deliver the Product through its personal collection at the Seller’s premises. At the Customer’s request, the Seller shall carry out delivery by parcel in the forms specified in point. 3 below. However, please note that the subject of the order is a living creature/invertebrate for which shipping is not advisable.
3. The delivery of purchased Products at the customer’s request is carried out by an external carrier/courier company, e.g. Inpost/DHL;
4. The shipping time of individual Products may vary. The average time to prepare an order for dispatch is up to 5 working days counted from the day the payment for the Order is credited. In exceptional circumstances, dispatch of the goods takes place after 10 working days.
5. The Customer shall be informed of the completion of the Order and shipment by sending an appropriate message to the e-mail address provided when registering or placing the Order.

6. Upon receipt of the consignment, the Customer is requested to carefully check in the presence of the carrier/shipper the completeness of the content of the consignment, the condition of the external packaging and the condition of the ordered Product. If the packaging of the parcel shows signs of damage, the parcel should not be accepted or the courier should open the parcel, possibly draw up a damage report and document any damage with photos or video, and then contact the Seller as soon as possible to clarify the matter. This will allow an immediate solution to the problem.

§5. COMPLAINTS

1. The Seller shall be liable towards the Customer if the thing sold has a physical or legal defect (Warranty), according to the rules set out in the Consumer Rights Act of 30 May 2014, the Civil Code Act of 23 April 1964 and Directive 1999/44/EC of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees. In relation to the Consumer, the Seller shall be liable for the Product’s compliance with the Agreement on the terms resulting from the Consumer Law, while in relation to the Entrepreneurs for Product defects on the terms resulting from the Civil Code and other relevant provisions of law, as well as on the basis of these Regulations.
2. In the case of placing an Order, the subject of which is a vertebrate (snail) and selection of the shipment referred to in point. 3 above, the Seller shall inform that due to the physiological structure of a snail, the growth of a new shell is soft and delicate by nature. For this reason, the growth may be damaged/ damaged (the growth being caught by the body of the snail, sticking firmly to the wall of the container, etc.). This does not, however, constitute a defect of the Product, but is a common occurrence in nature.
3. Every Customer has the right to lodge a complaint. When exercising this right, the Customer is asked to describe precisely the Product’s defect that occurs.
4. The Seller, in the interest of a reliable fulfilment of Orders, points out that there may be differences in the colour of the Products resulting from differences in the settings of the screen/monitor in the device. Therefore, the Seller is not responsible for the differences in colours caused by the Customer’s device distortions and for the defects of the goods caused by no fault of the Seller. Furthermore, the Seller draws attention to the fact that the photos of the Products placed on the website of the Internet Shop are sample photos and not photos of a specific single Product. Hence the possible existence of differences.
5. Before filing a complaint and sending the Product, the Customer is asked to contact the Seller by phone or e-mail in order to speed up the complaint procedure.
6. The Seller undertakes to investigate the complaint within 14 days from the date of filing the complaint by the Customer.
7. Each Customer will be informed about the result of the complaint procedure by e-mail or in writing.

§6. RIGHT TO WITHDRAW FROM THE CONTRACT

1. Each Customer, in accordance with art. 27 of the Act on Consumer Rights, if he or she has the status of Consumer or is a natural person who concludes an agreement directly related to his or her business activity, when the content of the agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of his or her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity has the right to withdraw from the Agreement without giving any reason within the statutory period of 14 days from its conclusion or receipt of the Product, depending on which of the actions occurred later.
2. Pursuant to Art. 38 of the Consumer Rights Act, the entity referred to in pt. 1 above does not have the right to withdraw from the agreement in which the subject of the provision is a non-refabricated thing, produced according to the consumer’s specification or serving to meet his/her individual needs, which is the case with certain Products sold in the Online Shop such as snails.
3. In order to exercise the right of withdrawal, an appropriate declaration of intent should be made and sent to the Seller together with the purchased Product and information about the Customer’s bank account to which the price of the Product will be refunded.
4. When exercising the right of withdrawal from a contract concluded remotely, it is the Customer who bears the cost of sending the Product back to the Seller.
5. The Seller, both in the case of exercising the right of withdrawal and claims resulting from the right of withdrawal, does not accept parcels sent COD.
6. After the declaration of will to withdraw from the Contract, the price of the Product will be returned to the Customer, as well as the cost of Product shipping incurred during the purchase up to the amount corresponding to the cheapest shipping option available in the Seller’s offer within 14 days, but not earlier than before receipt of the item.

§7. FINAL PROVISIONS

1. In matters not regulated, the relevant provisions of the generally applicable Polish law shall apply.
2. Each Customer having the status referred to in §6 point 1. has the right to make use of out-of-court complaint and redress procedures such as:
   1. a permanent amicable consumer court, where one can apply for the settlement of a dispute arising from a concluded sales agreement,
   2. district or municipal ombudsman for consumer rights or social organisations whose statutory tasks include protecting consumer rights.
3. At the address http://ec.europa.eu/consumers/odr, the platform of the Internet system of dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and businesses seeking out-of-court dispute resolution regarding contractual obligations arising from an online sales contract or service contract.
4. These Terms and Conditions together with the annexes are an integral part, concluded by the Seller and the Customer, of the Contract.
5. These Terms and Conditions are effective from 26 August 2024 until further notice.