1.Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
With respect to entrepreneurs, these terms and conditions also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Rexproduct Sp.z o.o. Sp. K ..
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3.Contract language, contract text storage
The language available for the conclusion of the contract is English.
We save the contract text and send you the order data and our terms and conditions by email. You can see the contract text in our customer login.
4.Terms of delivery
We deliver free of charge within EU above 150 euro shopping.
We only deliver by shipping. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
5.Payment
The following payment methods are generally available in our shop:
Payment in advance (bank transfer)
If you choose the payment method prepayment, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Credit card (VISA or MASTERCARD via PayPal)
When placing the order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction is carried out automatically and your card is debited.
PayPal, PayPal Express
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process
6.Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice – regardless of a connection or mixing of the reserved goods with a new item – and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. The duty to inspect and to give notice of defects, which is regulated in § 377 HGB, applies to merchants. If you omit the notification regulated there, the goods will be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.
8.Warranties and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Towards entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, count as an agreement on the quality of the goods; We accept no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide the entrepreneur with a choice of remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
in case of injury to life, limb or health
in the event of willful or grossly negligent breach of duty and malice
in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed
as far as the scope of the product liability law is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9.Liability
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health,
in the event of an intentional or grossly negligent breach of duty,
in the case of a guarantee promise, if agreed, or
as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be that which was foreseeable at the time the contract was concluded Limited damage, the occurrence of which must typically be expected. In addition, claims for damages are excluded.
10.Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11.Final provision
If you are an entrepreneur, then GB law applies to the exclusion of EU sales law.
If you are a merchant within the meaning of the EU Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
REGULATIONS OF THE CONTEST CALLED “LETTER TO SANTA”
§1 General Provisions
1. The Organizer of the Contest is REXPRODUCT spółka z ograniczoną odpowiedzialnością spółka komandytowa, with its seat in Szczecin (70-342) at Al. Bohaterów Warszawy 40, registered in the Register of Entrepreneurs of the National Court Register, kept by the District Court of Szczecin-Centrum in Szczecin, XIII Economic Department of the National Court Register under KRS number 0000790876, NIP 9552520423, hereinafter referred to as the “Organizer”.
2. The Contest is conducted under the rules described in these Regulations in accordance with generally applicable laws, on the territory of the Republic of Poland.
3. The Contest begins on 01.12.2023 at 13:00 and ends on 26.12.2023 at 23:59:59 Polish time.
4. The Contest will be initiated by the Organizer by posting on his profile on Instagram under the name: rexproduct_com / rexproduct_pl a post informing about the Contest.
§2 Participants and rules of the Contest
1. Participation in the Contest is voluntary and free of charge.
2. The Contest may be participated in by a natural person (consumer in the meaning of Article 221 of the Civil Code), hereinafter referred to as Participant, who: (a) has read these Regulations, accepted their content and consented to the processing of his/her personal data for the purpose of the Contest by applying for participation in the Contest; participation in the Contest constitutes acceptance of these Regulations; b) is at least 18 years old and has full legal capacity; c) has an account on Instagram, d) will perform the Contest Task.
3. Participant of the Contest can only be a person who meets the conditions specified in §2. paragraph 2 of the Regulations.
4. Employees of the Organizer and entities and employees of entities providing services to the Organizer in organizing the Competition on the basis of civil law contracts, as well as members of the immediate family (spouses, ascendants, descendants and siblings) of the above-mentioned persons are excluded from participation in the Competition.
5. In order to participate in the Contest, during its duration, the Participant will perform the following tasks: a) he/she will create a competition work, consisting a contest post featuring at least 1 photo of your pet in a Christmas setting, and b) Add at least 1 Instastory, and c) Tag the Instagram account of the Contest Organizer – @rexproduct_com, and d) Participant will follow the account @rexproduct_com, and e) Participant’s Contest IG account profile will be public, at least for the duration of the Contest: 01.12-26.11.2023. Tasks a), b), c), d), e) are collectively referred to as the “Contest Task”.
6. Only Participants who complete the Contest Task during the Contest will participate in the Contest.
7. Participant may participate in the Contest only 1 (in words: one) time. 8. The Organizer reserves the right to remove and not include in the Contest the Contest Tasks performed, the authors of which: a) do not act on their own behalf, but through third parties, b) act from a fictitious account/profile on Instagram; c) create fictitious accounts/profiles on Instagram; d) violate the rules of Instagram; e) have used in the Contest Task a word commonly considered offensive, pornographic content, content promoting racial, ethnic and religious hatred or discriminating against social groups.
§ 3 Rights to the completed Contest Tasks
1. The Entrant assures that the completed Competition Task will not violate any rights or property of the Organizer, persons and third parties, in particular their property and personal copyrights and personal rights.
2. The Participant declares that he/she has exclusive and unlimited copyrights to the completed Contest Task and that the completed Contest Task is not encumbered with any rights of third parties, and the work has not been published before.
3. On the basis of Article 921 § 3 of the Civil Code Act, the Organizer stipulates that upon the release of the Prize – he acquires a non-exclusive license to the Competition Task awarded in the Competition without time and territorial limitations, and the awarded Competition Participant (Winner) grants the Organizer a non-exclusive license to the awarded Competition Task in the following fields of exploitation: a) in terms of recording and reproducing the work – production of copies of the work by any technique, including printing, reprography, magnetic recording and digital technique; b) within the scope of circulation of the original or copies on which the work was fixed – marketing, lending or leasing of the original or copies; c) within the scope of dissemination of the work in a manner other than specified in item b – public performance, exhibition, display, reproduction, as well as broadcasting and rebroadcasting, as well as making the work available to the public, including on the Internet, in such a way that everyone can have access to it at a place and time of their own choosing, including the introduction of the work into computer memory and into telecommunications and IT networks.
§4 Prizes and selection of Winners
1. In order to ensure the proper conduct of the Contest, the Organizer will appoint a 3-person Committee, hereinafter referred to as the Contest Committee. The tasks of the Contest Committee shall include overseeing the proper conduct of the Contest, making decisions in all matters pertaining to the Contest, including the interpretation of the provisions hereof, and selecting the Participants to whom the Prizes will be awarded (hereinafter referred to as the Winners). The decisions of the Committee are final, which does not deprive the Participant of the right to pursue claims under the law.
2. After the end of the Contest, the Contest Commission will evaluate the works submitted by the Participants and will select the Participants who best perform the Contest Task in terms of its attractiveness, originality and creativity, and will thus select 1 WINNER (in words: one winner).
3. The following prize will be awarded to the Winners of the Contest: 1 product from the REXPRODUCT.COM offering, chosen by the Contest Winner *Sets such as Pethome, PetPocket, Frida, Otto are considered as 1 product. which will be sent by courier to the Winners within 7 days from the date of selection of the Winners.
4. Prizes are exempt from personal income tax under Article 21 (1) (68) of the PIT Law. 5. The Committee will complete the selection of the Winners no later than on 29.12.2023. 6. The Winner of the Contest will be informed about obtaining the Prize by posting the list of Winners indicating the names of the profiles in the Organizer’s profile on Instagram no later than on 29.12.2023. In addition, information about winning the Contest will be sent to the Winners in a private message on Instagram.
7. In order to receive the Prize, the Winner must provide the Organizer, within 3 days from the date of the Organizer’s dispatch of the private message about winning, with the information necessary for the transfer of the Prize, including, in particular: name, surname, date of birth, e-mail address, phone number, delivery address, address of residence. 8. In the event that the Winner fails to provide the data necessary for the transfer of the Prize within the time limit and according to the rules set forth in paragraph 7 above, the Contest Committee may select another Participant to receive the Prize.
9. The Organizer shall not be liable for failure to transfer the Prize to the Participant, if the failure to transfer the Prize resulted solely from the Participant’s failure to provide the data required for delivery of the Prize or providing incorrect data or data inconsistent with the Regulations.
10. The Organizer is the founder of the Prizes.
11. The Winner may not transfer the rights to the awarded Prize to a third party.
12. The Winner may waive the right to the Prize awarded to him/her by submitting an appropriate statement to the Organizer in writing.
13. The Prize may be awarded only once in the Contest.
14. The Participant shall not be entitled to demand conversion of the Prize into a cash prize or any other prize.
§5 Personal Data
1. The Organizer is the administrator of the Participants’ personal data. Contact with the Organizer is possible by mail at shop@rexproduct.com
2. The basis for the processing of personal data is Article 6(1)(b) of the RODO – performance of the contract, Article 6(1)(f), i.e. the administrator’s legitimate interest in recognizing complaints and pursuing claims.
3. Participants’ personal data will be processed during the period and to the extent (purpose) necessary to carry out the Contest, select the winners, consider any complaints and in the case of Winners also to notify the awarding of the Prize, release the Prize.
4. Provision of personal data is voluntary, however, it is a condition for participation in the Contest and issuance of Prizes to Winners, within the scope of data specified in § 4 paragraph 7.
5. Personal data will be stored for the duration of the Contest, and after its termination until the statute of limitations for possible claims or expiration of the obligation to store data under the law, no longer than 5 years, from the end of the calendar year in which the Contest was held.
6. The Organizer shall exercise the rights of data subjects, i.e. access to the content of their data and the right to rectify, delete, limit their processing, the right to data portability.
7. In the case of processing of personal data on the basis of consent, the Participant has the right to withdraw consent, at any time, and the withdrawal of consent does not affect the legality of processing carried out on the basis of consent before its withdrawal. Withdrawal of consent requires electronic notification to the e-mail address shop@rexproduct.com
8. Recipients of the data are: entities providing hosting services, postal services, entities with which the Organizer cooperates in accounting and tax services, public authorities on the basis and within the limits of the law in particular as KAS, law enforcement agencies.
9. Personal data are not transferred to a third country or international organization.
10. personal data are not processed automatically and subjected to profiling.
§6 Complaints
1. Participants of the Contest have the right to file a complaint with the note “Contest: LETTER TO SANTA” to the e-mail address shop@rexproduct.com related to the course of the Contest during its duration, as well as up to 14 days after the end of the Contest.
2. E-mail containing the complaint should indicate the name and surname of the Participant and the mailing address to which the response to the complaint will be sent. 3. The Organizer shall respond to the Participant’s complaint within 14 days by registered mail sent to the address provided in the letter containing the complaint. 4. Negative consideration by the Organizer of the Participant’s complaint does not exclude the Participant’s right to pursue claims to which he/she is entitled under generally applicable laws, including through legal proceedings.
§7 Final provisions and technical information
1. The Regulations shall enter into force on 01.12.2023.
2. The Contest is not a promotional lottery within the meaning of Art. 2 sec. 1 item. 9 of the Act on Games and Betting of 29.07.1992 (Journal of Laws of 2004, No. 4, item 27, as amended) and is not subject to the rules contained in the aforementioned Act and its implementing regulations.
3. The Organizer of the Contest shall not be liable for the inability of a potential Participant to submit the completed Contest Task for reasons attributable solely to the Participant.
4. The Regulations of the Contest are made available during the Contest through the public telecommunication network Internet at the URL: https://rexproduct.com and at the Organizer’s office.
5. The Organizer undertakes to make every effort to resolve amicably any disputes that may arise in connection with the conduct of the Contest.
6. The competent court to resolve disputes shall be the court of local and material jurisdiction in accordance with the provisions of law.
7. This Contest is in no way organized, sponsored, conducted or endorsed by or associated with the Instagram service.
8. The Entity solely responsible for the conduct of the Contest is the Organizer, and Participants agree to indemnify the Instagram service from any liability that may arise in connection with the organization of the Contest. 9. Changes to the Rules require publication and informing Participants of the changes made by the Organizer. Changes may be made only for reasons of adjusting the Regulations to the norms of the applicable law.