Terms and Conditions

 

Terms and Conditions of the Ormire Online Store – version dated 2022.03.11

These Terms and Conditions define the terms of sale of products via the Online Store at https://ormire.com, operated by Absolutico Spółka z ograniczoną odpowiedzialnością, with its registered office in Bielsko-Biała, at ul. Górska 73, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, 8th Commercial Division, under KRS number 0000544072, NIP (Tax Identification Number): 5472153073, REGON: 360802670; e-mail: shop@ormire.com (hereinafter referred to as the "Service Provider" or "Seller"). These Terms and Conditions also constitute the regulations for the provision of electronic services within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).

1. General Provisions

1. The seller of the products offered in the Ormire.com Online Store is Absolutico Sp. z o.o., based in Bielsko-Biała, ul. Górska 73, entered into the National Court Register under KRS number 0000544072, NIP: 5472153073, REGON: 360802670.

2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Online Store. The Terms and Conditions are available in the “Terms and Conditions” section on the website https://ormire.com and are prepared in a printable format.

3. The provisions herein are not intended to exclude or limit any consumer rights under mandatory provisions of law. Any potential ambiguities shall be interpreted in favor of the Consumer. In the event of any inconsistencies between these Terms and Conditions and the provisions of the Act on Consumer Rights, the provisions of the Act shall prevail.

4. Prior to using the Online Store, the Client is required to accept these Terms and Conditions. Acceptance is made by ticking the appropriate checkbox.

5. The Seller may be contacted via the following means: email at shop@ormire.com or through the contact form available at https://ormire.com/pl/contact.

6. The Client is obligated to use the Store in compliance with applicable laws.

7. The names of manufacturers and trademarks belong to their respective owners and are presented for informational purposes only.

8. The website https://ormire.com is administered and edited by Absolutico Spółka z ograniczoną odpowiedzialnością, based in Bielsko-Biała, ul. Górska 73, entered into the National Court Register under KRS number 0000544072, NIP: 5472153073, REGON: 360802670.

9. The Client is obliged to respect copyright laws and all registered trademarks appearing on the website, in accordance with 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 days from Monday to Friday, excluding public holidays.

2. Registration Form – a form available in the Online Store enabling the creation of an Account.

3. Order Form – an Electronic Service, an interactive form available in the Online Store allowing the placement of an Order, especially by adding Products to an electronic Basket and defining the terms of the Sales Agreement, including delivery and payment methods.

4. Client – both Entrepreneurs and Consumers.

5. Entrepreneur – any natural or legal person, as well as an organizational unit without legal personality, acting (including through any person acting on their behalf or account) for purposes related to their business or professional activity.

6. Consumer – an adult natural person with full legal capacity who purchases a Product: (i) not directly related to their business or professional activity, or (ii) directly related to their business, provided that the content of the agreement indicates that it is not of a professional nature for that person, particularly based on the scope of their business activity available in the Central Registration and Information on Economic Activity.

7. Civil Code – the Act of 23 April 1964 – Civil Code (Journal of Laws of 2020, item 1740, as amended).

8. Account – an Electronic Service identified by an individual login and password provided by the Client, containing Client data, authorizing purchases in the Online Store under these Terms and Conditions, a set of resources in the Service Provider's IT system including order history.

9. Basket – a list of Products subject to ordering by the Client.

10. Newsletter – an Electronic Service provided by the Service Provider via email, enabling Clients to automatically receive subsequent editions of the newsletter containing information about Products in the Online Store.

11. Products – movable items – a range of goods available for ordering in the Online Store, subject to the Sales Agreement between the Seller and the Client, which are not custom-made according to the Client's specifications.

12. Terms and Conditions – these Terms and Conditions of the Online Store.

13. Online Store – the Seller's/Service Provider’s online store, available at https://ormire.com, through which Products offered by the Seller/Service Provider are sold (Article 8 of the Act on the provision of electronic services).

14. Seller/Service Provider – Absolutico Spółka z ograniczoną odpowiedzialnością, ul. Górska 73, 43-300 Bielsko-Biała, Poland, KRS: 0000544072, NIP: 5472153073, REGON: 360802670; e-mail: shop@ormire.com.

15. Electronic Communication Means – technical solutions, including IT devices and software tools, enabling individual remote communication using data transmission between IT systems, in particular via email.

16. Sales Agreement – an agreement for the sale of a Product concluded between the Client and the Seller via the Online Store.

17. Distance Agreement – an agreement concluded between the Seller and the Client under an organized distance contract conclusion system, without simultaneous physical presence of the parties, using one or more means of distance communication up to and including the conclusion of the agreement.

18. Electronic Service – a service provided electronically by the Service Provider to the Client via the Online Store.

19. Service User – a natural person with full legal capacity, or under specific legal provisions, also a person with limited legal capacity; a legal person or an organizational unit without legal personality with legal capacity granted by law, using or intending to use an Electronic Service.

20. Order – the Client’s declaration of will made via the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.

§3 Electronic Services in the Online Store

1. The Online Store provides the following Electronic Services: Account, Order Form, and Newsletter.

2. The Client may place an order in the Online Store upon registering an Account or without registering an Account by filling out the Order Form available on the website.

3. Account – use of the Client's Account is possible after completing the following two steps:

   • filling in the Registration Form;

   • clicking the “Register” button.
     The Registration Form requires the following data: full name, email address, and password. After activating the Account, it is necessary to provide the mailing address and telephone number. In the case of Entrepreneurs, the company name and tax identification number (NIP) must also be provided.

4. Order Form – use begins upon adding the first Product to the Basket. The order is placed after:

   • completing the Order Form;

   • clicking the “Proceed to confirmation / Next” button.
     Until that point, data entered can be freely modified based on the instructions displayed on the screen.
     Required fields include: full name, address (street, building/apartment number, postal code, city), email, phone number, Product(s), quantity, delivery method, and payment method. Entrepreneurs must also provide their company name and NIP number.

5. Newsletter – the Client may subscribe by entering their email in the “Grey Pet Club” section on the website and clicking “Join.” The Newsletter may also be subscribed to by selecting the appropriate checkbox during Account registration or Order placement.

6. Use of Electronic Services by the Client is free of charge.

7. The Account and Newsletter are provided for an indefinite period.

8. Use of the Order Form is a one-time service and terminates upon placing the Order.

9. Technical requirements to use the Online Store:

   • A device with Internet access;

   • Access to email;

   • A web browser: Mozilla Firefox 11.0+, Internet Explorer 7.0+, Opera 7.0+, Google Chrome 12.0.0+;

   • Recommended screen resolution: 1024×768;

   • Cookies and JavaScript enabled.

10. The Client must use the Online Store lawfully and ethically, respecting personal rights, intellectual property, and trademarks.

11. The Client must provide accurate data.

12. It is prohibited to interfere with the Online Store content, submit illegal content, or use the Store for unintended purposes.

§4 Conditions for Concluding a Sales Agreement, Product Prices

1. Listings, advertisements, price lists, and other information on the website, including product descriptions, technical parameters, and prices, are invitations to conclude an agreement within the meaning of Article 71 of the Civil Code.

2. Individual computer settings may cause visual differences between the image and actual Product (e.g., color). Consumers have the right to withdraw from the contract per §10.

3. Product prices are listed in Polish zlotys (PLN), inclusive of VAT and any duties. Delivery costs are not included and are calculated separately during the ordering process.

4. Prices may change, especially due to VAT rate changes or promotional campaigns. Changes do not affect orders placed before the price update. The applicable price is the one valid at the time of placing the Order.

5. The Seller must obtain explicit consent from the Consumer for any additional charges beyond the agreed main contract obligations.

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

§5 Order Placement and Fulfillment

1. To conclude a Sales Agreement, the Client must first place an Order.

2. Orders (as offers) are placed by adding Products to the Basket and following on-screen instructions. After order completion, the Client selects a payment and delivery method and confirms the purchase by clicking “Buy with obligation to pay.”

3. The Client must provide billing, contact, and delivery information.

4. The Seller confirms order receipt immediately. The confirmation email includes a list of ordered Products, total cost, and shipping fees. The Sales Agreement is concluded upon receipt of the Seller’s confirmation email.

5. The Sales Agreement is stored and secured by:

   • publication of the Terms and Conditions on the Store website;

   • confirmation email;

   • delivery of a sales document (invoice/receipt).

6. The Agreement is based on these Terms and Conditions.

7. Order fulfillment begins:

   • for cash-on-delivery: upon acceptance by the Seller;

   • for prepayment: upon receipt of funds.

8. If a Product is out of stock, the Seller notifies the Client, who may choose to:

   • wait for restocking;

   • receive a refund;

   • choose a different Product of the same price.

9. Promotional sales are subject to stock availability. Promotions cannot be combined unless stated otherwise.

10. The place of performance is the delivery address provided by the Client.

§6 Payment Methods

1. The Client may pay as follows:
   a) Before delivery:

   • electronic or bank transfer to:

     • mBank S.A., account no. PL72 1140 2004 0000 3102 7576 6623

     • BIC/SWIFT: BREXPLPWMBK

   • online payments via T-Pay, PayU, PayPal;

   • credit card: Visa, MasterCard.

   • Payments must be made within 7 days of ordering.
     b) On delivery (for Consumers only):

   • cash on delivery to courier or postman.

2. Online payments are processed via T-Pay, PayU, or PayPal.
   3–5. Details and current payment options are available on the Online Store website and the websites of T-Pay, PayU, and PayPal.

3. Payment operators:
   a. T-Pay – Krajowy Integrator Płatności S.A., Poznań, Poland;
   b. PayU – PayU S.A., Poznań, Poland;
   c. PayPal – PayPal (Europe) S.à r.l. & Cie, S.C.A., Luxembourg.

§7 Delivery Methods and Costs

1. Products are delivered via Polish Post or selected courier.

2. Delivery is available within Poland and the EU. Non-EU deliveries may be arranged individually.

3. Delivery costs are borne by the Client, indicated during the Order process and dependent on weight, dimensions, destination, and payment method.

4. Delivery times:

   • prepayment: up to 7 business days from payment;

   • cash on delivery: up to 7 business days from contract conclusion.

5. The delivery date will be confirmed by phone or email.

6. The recipient must inspect the parcel upon delivery. In case of damage or shortage, a damage report must be completed with the courier or within 7 days of delivery.

7. Receipt must be confirmed in writing.

§8 Warranties and Complaints

1. The Seller endeavors to ensure that services provided through the Online Store are of the highest quality. However, temporary suspension of availability due to maintenance, inspections, hardware replacement, or upgrades may occur.

2. Complaints regarding Electronic Services, as well as other matters concerning the functioning of the Online Store, may be submitted via email to shop@ormire.com or in writing to: Absolutico Sp. z o.o., ul. Górska 73, 43-300 Bielsko-Biała, Poland.

3. The description of the complaint should, if possible, include the nature and date of the issue, the Client's demand, and contact details – this will facilitate the resolution process.

4. The Service Provider shall process the complaint without undue delay, but no later than within 14 days.

5. The Service Provider’s response to the complaint shall be sent to the address indicated by the Client unless another form of contact is specified.

6. Products sold by the Seller may be covered by a manufacturer’s warranty. The Seller does not provide any warranties itself. Warranty claims must be made according to the warranty card, delivered together with required documentation in Polish, including the user manual.

7. If a Product is covered by a warranty, the Client may:
   a. assert rights under the warranty by contacting the warrantor (manufacturer or service center), with the Seller acting only as an intermediary; or
   b. exercise rights under statutory warranty as regulated in §9.

8. The existence of a warranty does not exclude or limit the Client's rights under statutory warranty.

§9 Statutory Warranty (Rękojmia)

1. The basis and scope of the Seller's liability are determined by the Civil Code.

2. Notifications under statutory warranty may be submitted via email (shop@ormire.com) or in writing to the Seller’s address.

3. The Seller is liable for physical or legal defects of the Product.

4. The Seller is liable if the defect is discovered within 2 (two) years of delivery.

5. For Consumers, public assurances by the manufacturer or distributor are deemed equivalent to the Seller’s assurance.

6. The Seller is not liable if such public assurances were unknown or could not have influenced the purchase decision.

7. If a physical defect is found within one year, it is presumed to have existed at the time of delivery.

8. The Client may demand repair, replacement, price reduction, or withdraw from the agreement if the defect is material.

9. The Seller may immediately offer a defect-free replacement or repair if this does not cause undue inconvenience. This does not apply if the item has already been replaced or repaired.

10. The Consumer may request a different remedy if the proposed solution is excessively burdensome or impossible.

11. The Client must return the defective Product at the Seller’s cost.

12. Return may be made:

• by contacting the Seller and shipping via postal or courier service; or

• by personal delivery to the Seller’s address.

13. If the Seller does not respond within 14 days to a demand for replacement, repair, or price reduction, it is assumed that the demand is justified.

14. The Seller is not liable under statutory warranty if the Client knew of the defect at the time of purchase.

15. If the Entrepreneur purchased generic goods or goods to be manufactured in the future, the Seller is not liable if the defect was known at delivery.

16. Entrepreneurs lose warranty rights if they do not examine the Product and notify the Seller immediately.

17. Claims for repair or replacement expire one year after defect discovery. For Consumers, this period may not end earlier than two years from delivery.

18. During that period, the Client may also withdraw or request a price reduction.

19. If the Client demanded repair/replacement, the withdrawal/price reduction period starts upon ineffective expiry of the repair/replacement deadline.

20. Sending notice before expiry of the limitation period is sufficient to preserve rights.

21. The Seller shall respond to repair or replacement requests within 14 days.

§10 Statutory Right of Withdrawal

1. According to the Act of 30 May 2014 on Consumer Rights, the Consumer may withdraw from a sales contract without giving reasons and without incurring any costs other than those listed in Articles 33, 34(2), and 35 of the Act, within 14 calendar days from receipt of the Product. The declaration may be sent by post or email.

2. For electronic service contracts, the 14-day period starts from the date of conclusion.

3. A withdrawal form is available at: https://ormire.com/pl/page/zwroty-i-odstapienie-od-umowy. The Seller shall confirm receipt of the declaration sent by email.

4. If multiple Products are delivered separately or in parts, the withdrawal period expires 14 days after the final item or part is received.

5. A withdrawal declaration may be revoked if the revocation is received no later than the declaration itself.

6. The Consumer bears the costs indicated in Articles 33, 34(2), and 35 of the Act, including return shipping and additional services provided before withdrawal.

7. Partial withdrawal from a multi-item order is permitted.

8. The Consumer must return the Product within 14 days at their own cost unless the Seller offers to collect it.

9. If a more expensive return method was used, the Seller is not obliged to reimburse the difference.

10. A proof of purchase should be enclosed.

11. The Product must be returned in an unaltered state unless changes were necessary to establish its nature, characteristics, or functioning.

12. The Consumer is liable for diminished value resulting from use beyond what is necessary to assess the item.

13. The Seller must refund the total amount paid, including delivery costs, within 14 days of receiving the withdrawal declaration.

14. The refund is made using the same payment method unless otherwise agreed, without additional fees.

15. The Seller may withhold the refund until the Product or proof of return is received.

16. The right of withdrawal does not apply to contracts for:

• services commenced with Consumer’s consent and acknowledgment of loss of withdrawal right;

• goods subject to market fluctuations beyond Seller’s control;

• custom-made or personalized goods;

• perishable goods or those with a short shelf life;

• sealed goods not suitable for return due to health/hygiene after unsealing;

• items inseparably mixed with others after delivery;

• urgent repairs requested by the Consumer;

• public auction purchases;

• digital content not supplied on a tangible medium, if the performance began with the Consumer’s prior consent and acknowledgment of withdrawal loss.

§11 Provisions Concerning Entrepreneurs

1. This section applies exclusively to Clients who are Entrepreneurs.

2. The Seller may restrict available payment methods or require advance payment, regardless of the payment option selected.

3. Entrepreneurs must fulfill their obligations (e.g., payment, receipt) immediately and no later than 7 days unless agreed otherwise.

4. Products remain the Seller's property until payment is made.

5. Upon dispatch to the carrier, the risk passes to the Entrepreneur. The Seller is not liable for loss or delay during transport.

6. Entrepreneurs must inspect shipments and take steps to establish carrier liability in the event of damage.

7. The Seller’s liability to Entrepreneurs is limited to the total value of the order and only covers foreseeable, typical damages, excluding lost profits.

§12 Client Personal Data

1. The data controller is Absolutico Sp. z o.o., ul. Górska 73, 43-300 Bielsko-Biała, Poland, KRS: 0000544072, NIP: 5472153073, REGON: 360802670.

2. The Seller protects personal data under the Personal Data Protection Act of 10 May 2018, the GDPR (Regulation (EU) 2016/679), and the Act on the Provision of Electronic Services.

3. By placing an order, the Client consents to data processing for that purpose.

4. Data provision is voluntary. Clients have the right to access, correct, request cessation of use, anonymization, or deletion.

5. Data may also be processed for marketing or commercial information if the Client consents.

6. Detailed rules are set out in the Privacy Policy, which forms an integral part of these Terms and Conditions.

§13 Termination of Electronic Service Agreements

1. Both parties may terminate the agreement for Electronic Services by mutual consent at any time.

2. Termination:
   a. applies to continuous services (e.g., Account);
   b. the Client may terminate at any time by written or email notice; the agreement ends after 7 days unless agreed otherwise;
   c. in case of gross or repeated breaches (e.g., illegal content), and after at least one unsuccessful warning, the Service Provider may terminate the agreement with 14 days’ notice (Consumers);
   d. in the case of Entrepreneurs, the agreement may be terminated immediately without stating reasons.

§14 Terms and Conditions

1. The current version is published on the website.

2. The Terms and Conditions are an integral part of the Sales Agreement.

3. Changes may be made due to legal, payment, or delivery updates.

4. Clients with Accounts will be notified in advance via email.

5. Clients may terminate their Account within 14 days of notification if they do not accept the changes.

6. If no termination occurs, the new version takes effect on the stated date.

7. Changes do not affect rights acquired by Consumers prior to the effective date.

§15 Final Provisions

1. In the event of technical issues or errors, please report them via email.

2. Matters not regulated herein shall be governed by applicable law.

3. Consumers may use out-of-court dispute resolution mechanisms or the EU ODR platform: http://ec.europa.eu/consumers/odr. Otherwise, disputes will be settled by competent courts.

4. Disputes with Entrepreneurs shall be resolved by the court competent for the Seller’s registered office.

5. These Terms, together with the notice of withdrawal rights under Article 12 of the Consumer Rights Act, form an integral part of the Sales Agreement.

6. For questions, please contact the Service Provider.

7. These Terms and Conditions shall enter into force on 14 March 2022.