Terms and Conditions of the Horse-mania Online Store

§1 Preliminary Provisions

The Horse-mania online store, accessible at the website www.horse-mania.pl/sklep, is operated by Delta Trade Małgorzata i Krzysztof Czaja Spółka Jawna (hereinafter: “Administrator”), with its registered office located at ul. Majakowskiego 7, 63-400 Ostrów Wielkopolski, registered in the Register of Entrepreneurs by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, IX Commercial Division of the National Court Register under KRS number: 0000304376, NIP: 6222586127, REGON: 300208151, email: magdalena@delta-trade.pl; who is also the data administrator of the Store’s personal data.

These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online store and the terms and procedures of concluding Distance Sales Agreements with the Client through the Store.

§2 Definitions

Consumer – a natural person who enters into a contract with the Seller within the framework of the Store, whose subject is not directly related to their business or professional activity. Seller – Delta Trade Małgorzata i Krzysztof Czaja Spółka Jawna (hereinafter: “Administrator”), with its registered office at ul. Majakowskiego 7, 63-400 Ostrów Wielkopolski, registered in the Register of Entrepreneurs by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, IX Commercial Division of the National Court Register under KRS number: 0000304376, NIP: 6222586127, REGON: 300208151. Client – any entity making purchases through the Store. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, with legal capacity granted by a separate law, which conducts business activity on its own behalf and uses the Store. Store – the online store operated by the Seller at the website www.horse-mania.pl. Distance Contract – a contract concluded with the Client as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of parties, using one or more means of remote communication up to and including the moment of concluding the contract. Terms and Conditions – these terms and conditions of the Store. Order – the Client’s declaration of intent submitted via the Order Form aimed directly at concluding a Sales Agreement for a Product or Products with the Seller. Account – the client’s account in the Store, where the Client’s data and information about orders placed by the Client are collected. Registration Form – a form available in the Store that enables creating an Account. Order Form – an interactive form available in the Store that allows placing an Order, especially by adding Products to the Cart and defining the terms of the Sales Agreement, including delivery and payment methods. Cart – a software element of the Store where the Products selected by the Client for purchase are visible, and it is possible to determine and modify Order data, especially the number of products. Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Client and the Seller. Sales Agreement – a product sales agreement concluded or to be concluded between the Client and the Seller via the online Store. The Sales Agreement also refers to, depending on the product’s characteristics, a service contract or a contract for specific work.

§3 Contact with the Store

Seller’s Address: ul. Majakowskiego 7, 63-400 Ostrów Wielkopolski. Seller’s Email Address: magdalena@delta-trade.pl. Seller’s Bank Account Number. The Client can communicate with the Seller using the addresses provided in this paragraph.

§4 Technical Requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:

an end device with access to the Internet and an internet browser such as Google Chrome, Mozilla Firefox, Safari, Opera; an active email account; enabled cookies; and installed FlashPlayer.

§5 General Information

To the widest extent permitted by law, the Seller is not responsible for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the Store’s internet infrastructure with the Client’s technical infrastructure.

Browsing the Store’s assortment does not require setting up an Account. Ordering Products from the Store’s assortment is possible either by setting up an Account according to the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address information to execute the Order without setting up an Account.

Prices in the Store are quoted in Polish zlotys and are gross prices (including VAT).

The final (total) amount to be paid by the Client includes the price of the Product and the cost of delivery (including transport, delivery, and postal service fees), of which the Client is informed on the Store’s pages when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.

If the nature of the subject of the Agreement does not reasonably allow for earlier calculation of the final (total) price, information on how the price will be calculated, as well as shipping, delivery, postal services, and other costs, will be provided in the Store’s Product description.

§ 6 Setting up an Account in the Store

To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name, surname, user address, email address, contact number.

Setting up an Account in the Store is free of charge.

Logging into the Account takes place by entering the login and password established in the Registration Form.

The Client can delete the Account at any time without providing a reason and without any fees by sending a relevant request to the Seller, in particular, via email or in writing to the addresses specified in § 3.

§7 Order Placement Rules

To place an Order, you must:

log into the Store (optional); select the Product that is the subject of the Order, then click the “Checkout” button (or equivalent); log in or choose the option to place an Order without registration; if the option to place an Order without registration was chosen – fill out the Order Form by entering the Order recipient’s details and address for Product delivery, select the type of shipment (Product delivery method), enter invoice details if they are different from the Order recipient’s data, click the “Order and Pay” button/click the “Order and Pay” button and confirm the order by clicking the link sent in the email, choose one of the available payment methods, and pay for the order within the specified time frame, subject to § 8 sec. 3. The Store is not liable for incorrect Client data.

§8 Available Delivery and Payment Methods

The Client can use the following delivery or receipt methods for the ordered Product: Courier shipment; Personal pickup is temporarily unavailable.

The Client can use the following payment methods: Electronic payments through an external payment system tpay.com, operated by Krajowy Integrator Płatności Spółka Akcyjna (Tpay) ul. Św. Marcina 73/6, 61-808 Poznań.

The Seller undertakes to deliver the Product to the Client within 7 business days on the territory of the Republic of Poland.

The Seller undertakes to deliver ordered products (products not available in stock) to the Client within 5-25 business days.

§9 Execution of the Sales Agreement

The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has placed an Order using the Order Form in the online Store in accordance with § 7 of the Terms and Conditions.

After placing the Order, the Seller confirms receipt immediately and also accepts the Order for execution.

Confirmation of receipt of the Order and its acceptance for execution occurs by sending the Client an appropriate email message to the email address provided when placing the Order, containing at least the Seller’s statements of receiving the Order and accepting it for execution and the confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email message by the Client, a Sales Agreement is concluded between the Client and the Seller.

If the Client selects: payment by bank transfer, electronic payment, or payment by card, the Client must make the payment within 2 calendar days from the conclusion of the Sales Agreement – otherwise, the order will be canceled. payment on delivery upon receipt of the parcel, the Client must pay upon receipt of the parcel.

If the Client has chosen a delivery method other than personal pickup, the Product will be sent by the Seller within the time specified in its description (subject to section 5 of this paragraph), in the manner chosen by the Client during the Order placement. In the case of ordering Products with different delivery times, the delivery term is the longest specified term. In the case of ordering Products with different delivery times, the Client may request partial delivery of Products or delivery of all Products once the entire order is completed.

The commencement of the delivery time for the Product to the Client is calculated as follows: – In the case of payment by bank transfer, electronic payments, or by card – from the date of crediting the Seller’s bank account. – In the case of payment upon delivery – from the date of concluding the Sales Agreement. – In the case of personal pickup by the Client, the Product will be ready for pickup at the time specified in the Product description. The Client will be informed of the Product’s readiness for pickup by the Seller by sending an appropriate email to the email address provided during Order placement.

Product delivery is carried out in Poland and EU countries. Product delivery to the Client is payable unless the Sales Agreement states otherwise. Product delivery costs (including transportation, delivery, and postal service charges) are communicated to the Client on the online Store’s pages in the “Delivery Costs” tab and during Order placement, including at the time the Client expresses the will to be bound by the Sales Agreement. Personal pickup of the Product by the Client is free of charge.

§10 Right of Withdrawal

The Consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.

The period for withdrawal begins from the day the Product is delivered to the Consumer or a person designated by them other than the carrier. In the case of an Agreement that encompasses multiple Products delivered separately, in parts, or in batches, the period begins from the delivery of the last item, batch, or part. If the Agreement involves regular delivery of Products for a specified period (subscription), the period runs from taking possession of the first item.

The Consumer can withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To maintain the withdrawal period, it is sufficient to send the statement by the Consumer before the period expires. The statement can be sent by traditional mail, electronically to the Seller’s email address, or through the Seller’s website – the Seller’s contact details are specified in § 3. The statement can also be submitted on a form, the template of which is an appendix to the Consumer Rights Act of May 30, 2014, but it is not obligatory. In the case of electronic submission of the statement by the Consumer, the Seller shall immediately send the Consumer confirmation of receipt of the withdrawal statement to the email address provided by the Consumer.

Effects of withdrawal from the Agreement: In the case of withdrawal from a distance contract, the contract is deemed not concluded. In the case of withdrawal, the Seller must promptly, but no later than within 14 days from receiving the Consumer’s withdrawal statement, refund all payments made by the Consumer, including delivery costs, except for additional costs resulting from the Consumer’s chosen delivery method other than the cheapest standard delivery method offered by the Seller. The payment refund will be made using the same payment methods used by the Consumer in the original transaction unless the Consumer explicitly agrees otherwise, which will not incur any cost for them.

The Seller may withhold the refund until the Product is returned or proof of return is provided, whichever occurs first.

The Consumer should return the Product to the Seller’s address provided in these Terms and Conditions without delay, no later than 14 days from the day they informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the 14-day period expires. The Consumer bears the direct costs of returning the Product. The Product should be returned in an unchanged state and must not show any signs of use.

§11 Complaints and Warranty

The Sales Agreement covers new Products.

The Seller is obligated to deliver a defect-free item to the Client.

If a defect appears in the purchased goods, the Client has the right to file a complaint based on warranty regulations under the Civil Code.

Complaints should be reported in writing or electronically to the addresses provided in these Terms and Conditions.

In the case of a courier shipment, the complaint should include a complete photo of the damage report (written upon opening the package in the presence of the courier or calling the courier to write such a report later).

It is recommended to include a brief description of the defect, photos of the damage, circumstances (including date) of its occurrence, the client’s details filing the complaint, and the Client’s demand concerning the defect in the complaint.

The Seller shall respond to the complaint immediately but no later than within 14 days. If the Seller does not respond within this period, it is assumed that the Client’s demand was deemed justified.

Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Terms and Conditions.

If a Product is under warranty, information about it and its terms will be included in the Product description in the Store.

§12 Out-of-Court Complaint and Redress Procedures

Detailed information on the Consumer’s possibilities to use out-of-court complaint and redress procedures and access to these procedures is available at the offices and on the websites of local (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; and http://www.uokik.gov.pl/wazne_adresy.php.

The Consumer has the following exemplary possibilities to use out-of-court complaint and redress procedures: The Consumer is entitled to request the resolution of a dispute arising from the Agreement concluded with the Seller by a permanent consumer arbitration court, as mentioned in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014 item 148, as amended).

The Consumer is entitled to request the initiation of mediation proceedings to amicably resolve the dispute between the Consumer and the Seller through the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014 item 148, as amended).

The Consumer can obtain free assistance in resolving the dispute between them and the Seller by using the free assistance of the local (municipal) consumer advocate or social organization whose statutory tasks include consumer protection (e.g., Consumers’ Federation, Polish Consumers Association).

§13 Information on Processing of Personal Data in the Online Store

The data administrator of Clients’ personal data collected through the online Store is the Seller.

Clients’ personal data collected by the administrator through the online Store is collected for the execution of the Sales Agreement based on Article 535 (including electronic communication about the current order status), and if the Client has agreed to it – also for marketing purposes.

For a Client using the Store’s postal or courier delivery method, the Administrator provides the Client’s collected personal data to the selected carrier or intermediary performing shipments on behalf of the Administrator.

Data will be stored for the time necessary for its usage.

The Client has the right to access their personal data, correct, delete, or limit processing.

The Client has the right to object to further data processing and, in the case of consent to data processing, withdraw it. The use of withdrawal rights does not affect the processing that took place before the withdrawal of consent.

The Client also has the right to data portability (especially transaction history). For a Client using the online Store’s electronic payment method or card payments, the Administrator provides the Client’s collected personal data to the selected entity handling these payments in the online Store.

Providing personal data is voluntary; however, failure to provide personal data indicated in the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude this Agreement.

§14 Final Provisions

Agreements concluded through the online Store are concluded in Polish.

The Seller reserves the right to amend the Terms and Conditions for valid reasons, such as changes in law, changes in payment and delivery methods—to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client of any changes at least 7 days in advance. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on Electronic Provision of Services; the Consumer Rights Act; the Act on Personal Data Protection.

The Client has the right to use out-of-court complaint and redress procedures. For this purpose, a complaint can be submitted via the European online ODR platform available at: http://ec.europa.eu/consumers/odr/.