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Terms and conditions

REGULATIONS FOR SERVICES PROVIDED ELECTRONICALLY

Art. 1. [Basic Information]

 

  1. This regulation is the regulations for providing electronic services through the website: www.makeyourtail.com (hereinafter referred to as the "Website").
  2. The owner and the entity providing electronic services through the Website is: Dominika Resiak-Czok, an entrepreneur registered in the Central Register and Information on Economic Activity under the name: GalacticPaw Studio - Dominika Resiak-Czok, with headquarters in Opole, Poland (45-245), ul. Bytnara Rudego 11F/8, NIP: 7543264712 (hereinafter referred to as the "Service Provider").
  3. You can contact the Service Provider via e-mail: [email protected]
  4. These regulations were adopted on 18.02.2024.
  5. The Service Provider reserves the right to change the Regulations.

Art. 2. [Types and Scope of Provided Services]

  1. The Website contains basic information about the activities carried out by the Service Provider: an online store offering custom-made products such as costume elements, promotional gadgets, and others.
  2. Through the Website, the Service Provider provides paid and free services:
    1. within the online store - product sales
    2. user account creation;
    3. subscription to newsletters with commercial information (promotions, special offers);
    4. publication of comments;
  3. Paid services are marked in such a way that there is no doubt that using them involves an obligation to pay.

Art. 3. [Technical Conditions for Using the Services]

  1. To use the Website properly, you should have: 
    1. A device (PC, tablet, smartphone) with an internet connection,
    2. An internet browser,
    3. Full legal capacity to make purchases on the Website,
    4. An email address for making purchases on the Website or subscribing to the newsletter.
  2. The Website prohibits the publication of unlawful content.

Art. 4 [Product Sales]

  1. [Placing Orders]
    1. Successfully placing an order requires providing data specified in the order form. The data should be truthful and up-to-date.
    2. A sales agreement is concluded after providing the mandatory data, clicking the "Buy and Pay" option, making the payment (excluding cash on delivery), and receiving an email confirmation of the order from the Service Provider.
    3. The Service Provider will fulfill the order after your payment and confirmation of your order. The payment deadline is 7 days.
    4. Orders are processed within 3 to 28 days from the confirmation of order acceptance to fulfillment. Fulfillment includes production, assembly, and shipment of the order. If the order cannot be fulfilled within this period, you will be notified by the Service Provider.
    5. The delivery time varies depending on the destination country and is provided during the order placement.
  2. [Making Payments]
    1. The Service Provider enables payment: (a) through online payment operator (credit card, PayPal, BLIK) (b) by bank transfer
    2. Payment is considered made upon the funds' receipt into the Service Provider's account or when the funds are credited by the payment operator's system;
    3. The product prices are given in Polish Zloty (PLN), Euro (EUR), and US Dollars (USD).
  3. [Delivery/Pickup]
    1. The Service Provider offers several options for product delivery – you should choose when placing an order.
    2. The Service Provider specifies the delivery costs on the website for you to review before placing an order. Costs may vary depending on the destination country.
    3. In case of any irregularities in the condition of the shipment, especially external damages, you should report this fact to the courier and draw up a protocol with this information. Remember that neglecting this obligation may result in the refusal to acknowledge your warranty claims.
  4. [Warranty] The Service Provider provides consumers with a quality guarantee to the same extent as the liability for physical defects of the goods under the Civil Code regulations.
  5. [Other Information]
    1. In case of doubt, prices in the store are considered gross prices.
    2. The Service Provider reserves the right to refuse order fulfillment if, in particular: (a) you provided false data preventing the delivery of the shipment (b) you did not receive the shipment twice (c) you did not pay for the order on time.
    3. Orders can be placed through the established user account on the Website or without creating one.

Art. 5 [Consumer Rights]

  1. Provisions of Articles 5-7 below apply to consumers and entities exercising consumer rights under the provisions of the Civil Code.
  2. The Service Provider, with respect to individuals and entities other than those mentioned in paragraph 1 above, is liable for warranty in accordance with the principles specified in the Civil Code.
  3. A consumer is considered to be a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity. A natural person conducting business activities may also benefit from consumer rights if it is evident from the content of this agreement that it does not have a professional character for that person, particularly arising from the subject matter of their business activity, made available under the provisions of the Central Register and Information on Economic Activity.
  4. The legal basis for consumer rights is the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the provisions of the law are void, and the provisions of the law apply in their place.

Art. 6 [Consumer Right of Withdrawal]

  1. Every person making a purchase of goods or services as a consumer has the right to withdraw from the contract without stating a reason. Note! The right of withdrawal will not apply if the performance of the service has begun with your explicit consent before the withdrawal period expires.
  2. The right of return for individually customized products (using the customizer) is excluded:
    Legal basis: The right of withdrawal for the consumer is excluded if the subject of the service is an item made to the consumer's specifications or serving to satisfy their individual needs.
  3. To exercise the right of withdrawal without stating a reason, you are obliged to submit a statement of intent in this regard. You can use the form at the bottom of the Terms and Conditions, but it is not mandatory. It is sufficient to send us an email or a handwritten letter with your details (name, address, optionally phone number or email address), information about the purchased goods, and a statement that you are withdrawing from the contract.
  4. The 14-day period is considered observed if you send us an email or letter before this period expires.
  5. In the case of withdrawal from a distance contract, the contract is considered not concluded, and therefore, we are obligated to refund all payments made by you, and you are obligated to return the purchased goods.
  6. No later than 14 days from the day of receiving the statement of withdrawal from the contract, we will refund all payments made by you, including shipping costs (if incurred), with the reservation that we refund shipping costs up to the amount of the cheapest delivery option offered by us. If you chose a delivery method other than the cheapest standard delivery offered by us, we will not be obliged to refund any additional costs incurred by you.
  7. We may withhold the refund until we receive the goods back from you or until you provide proof of returning them. We will refund your payments using the same payment method unless you request a different method.
  8. Goods should be returned no later than 14 days from the day you withdrew from the contract. To meet the deadline, it is sufficient to send back the items before the deadline expires. The direct cost of returning the goods will not be refunded by us.
  9. In the case of withdrawal from the contract, you are responsible for any reduction in the value of the returned goods resulting from using them in a way that goes beyond what is necessary to determine their nature, characteristics, and functioning.

Art. 7 [Consumer Rights in Case of Non-Compliance with the Contract]

  1. The service provider is responsible towards the consumer for the lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the goods, specified by the service provider, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the goods with the contract, which was revealed before the expiration of two years from the moment of delivery, existed at the time of its delivery unless proven otherwise or such presumption is inconsistent with the nature of the goods or the nature of the lack of conformity of the goods with the contract.
  2. In the case of products created on individual orders, the final product may differ in color, shape, and other parameters from that presented in the customizer. This is due to the difficulty of presenting the product, individual monitor settings and parameters, and the fact that each product is handmade. Individual batches of fur supplied by the manufacturer may also differ from each other.
  3. Regarding goods with digital elements, the service provider is responsible towards the consumer for the lack of conformity with the contract of digital content or digital services delivered continuously, which occurred or manifested itself during the time they were to be delivered according to the contract. This period cannot be shorter than two years from the moment of delivering goods with digital elements. It is presumed that the lack of conformity of digital content or digital services with the contract occurred during this time if it manifested itself during this time.
  4. The service provider is responsible for the lack of conformity with the contract of digital content or digital services delivered once or in parts, which existed at the time of their delivery and manifested itself within two years from that moment. It is presumed that the lack of conformity of digital content or digital services with the contract, which was revealed before the expiration of one year from the moment of delivering digital content or digital services, existed at the time of their delivery.
  5. The service provider is responsible for the lack of conformity with the contract of digital content or digital services delivered continuously, which occurred or manifested itself during the time they were to be delivered according to the contract. It is presumed that the lack of conformity of digital content or digital services with the contract occurred during this time if it manifested itself during this time.
  6. The presumptions specified in paragraphs 3 and 4 will not apply if:
    1. The consumer's digital environment is not compatible with the technical requirements that the service provider has clearly and understandably informed them about before concluding the contract;
    2. The consumer, informed in a clear and understandable manner before concluding the contract about the obligation to cooperate with the service provider, does not reasonably and using the least burdensome technical means, fulfill this obligation to determine whether the lack of conformity of digital content or digital services with the contract arises from the characteristics of the consumer's digital environment in a timely manner.
  7. Consumer rights in case of non-compliance of goods with the contract:
    1. If the goods are non-compliant with the contract, the consumer may demand their repair or replacement.
    2. The service provider may replace when the consumer requests repair, or the service provider may repair when the consumer requests replacement if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the service provider.
    3. If repair and replacement are impossible or would require excessive costs for the service provider, it may refuse to bring the goods into conformity with the contract.
    4. The consumer is also entitled to submit a statement to the service provider about reducing the price or withdrawing from the contract in the event of one of the following events:
      1. The service provider refused to bring the goods into conformity with the contract,
      2. The service provider did not bring the goods into conformity with the contract,
      3. The lack of conformity of the goods with the contract still exists despite the service provider's attempt to bring the goods into conformity with the contract;
      4. The lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the right to repair or replace the goods,
      5. from the service provider's statement or circumstances, it clearly follows that it will not bring the goods into conformity with the contract in a reasonable time or without excessive inconvenience for the consumer.
    5. The consumer cannot withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant.
  8. Consumer rights in case of non-compliance of digital content or digital services with the contract:
    1. If digital content or digital services are non-compliant with the contract, the consumer may demand bringing them into conformity with the contract.
    2. The service provider may refuse to bring digital content or digital services into conformity with the contract if bringing them into conformity with the contract is impossible or would require excessive costs for the service provider.
    3. If digital content or digital services are non-compliant with the contract, the consumer may submit a statement about reducing the price or withdrawing from the contract when:
      1. bringing digital content or digital services into conformity with the contract is impossible or would require excessive costs,
      2. the service provider did not bring digital content or digital services into conformity with the contract,
      3. the lack of conformity of digital content or digital services with the contract still exists despite the service provider's attempt to bring digital content or digital services into conformity with the contract,
      4. the lack of conformity of digital content or digital services with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the right to bring digital content or digital services into conformity with the contract,
      5. from the service provider's statement or circumstances, it clearly follows that it will not bring digital content or digital services into conformity with the contract in a reasonable time or without excessive inconvenience for the consumer.
    4. The consumer cannot withdraw from the contract if digital content or digital services are provided in exchange for payment, and the lack of conformity of digital content or digital services with the contract is insignificant. It is presumed that the lack of conformity of digital content or digital services with the contract is significant.

Art. 8 [Complaint Procedure]

  1. The right to file a complaint is available to anyone using the website, especially individuals making purchases on the website or using services provided through the website.
  2. All complaints, comments, and reservations regarding the website and services provided through it can be directed to the following address: [email protected]
  3. In the case of complaints regarding contractual non-conformities or warranty claims, you are required to provide: 
    1. Contact information - first name, last name, email address, phone number, residential address,
    2. Details of the contract or product (digital content and digital services) for identification of the transaction,
    3. Reason for the complaint, and if claiming physical defects of the product, also photographic documentation of the defects,
    4. Your demands
  4. In the case of complaints about matters other than faulty goods/services, you are required to provide: 
    1. Contact information - first name, last name, and email address,
    2. Description of the reasons for the complaint,
    3. Your demands, suggestions, and proposals.
  5. The service provider undertakes to respond to the complaint within 14 days of receiving it. The response to the complaint will be sent by the service provider via email.
  6. Special provisions for consumers:
    1. The service provider carries out repairs or replacements in a reasonable time from the moment the consumer informed them of the non-conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including especially postage, transportation, labor, and material costs, are borne by the service provider.
    2. The consumer provides the product to the service provider for repair or replacement. The service provider collects the product at their own expense from the consumer.
    3. If the product was assembled before the discovery of the non-conformity, the service provider disassembles the product and reassembles it after repair or replacement, or arranges for it at their own expense.
    4. The reduced price must be in proportion to the contract price, in which the value of the non-conforming product remains in relation to the value of the conforming product.
    5. The service provider reimburses the amounts due to the consumer due to the use of the price reduction immediately, no later than within 14 days of receiving the consumer's statement on the price reduction.
    6. In the event of withdrawal from the contract, the consumer immediately returns the product to the service provider. The entrepreneur reimburses the consumer the price immediately, no later than within 14 days from the date of receiving the product or proof of its return.
    7. The service provider refunds the price using the same payment method that the consumer used, unless the consumer has expressly agreed to a different refund method that does not involve any costs for them.

Art. 9 [User Account] 

  1. The user can create their account on the Website. This service is free of charge. 
  2. Having an active account is a condition for making purchases on the Website. 
  3. The account is created through a dedicated form. 
  4. Access to the account is granted after the user provides their chosen login and password. The password should be kept confidential by the user. 
  5. The user can delete the account at any time. 

Art. 10 [Newsletter]

  1. The service in the form of a newsletter subscription is free. It involves the Provider sending commercial information about promotions and special offers to the user. By subscribing to the newsletter, you consent to receiving commercial information from the Provider at the email address you provided. 
  2. You can unsubscribe from the newsletter at any time by using the unsubscribe option in the newsletter or by contacting the Provider. 

Art. 11 [Comments]

  1. You can publish comments on the Website. 
  2. The Provider reserves the right to delete comments without stating a reason. 

Art. 12 [Dispute Resolution] 

  1. By accepting these terms, you agree that in the event of a dispute, we will attempt to resolve it amicably and through negotiation. The time for conducting negotiations will be 3 months from the date of filing claims by either me or you. If a solution is not reached within the specified period, we may submit our claims to the common court. 
  2. In the case of services provided to a consumer residing in a country other than Poland, we agree that the matter will be adjudicated according to Polish law. This agreement does not deprive you of protection granted to you under provisions that cannot be excluded by agreement or by law. 
  3. I agree to out-of-court dispute resolution. If you want to file a case against me, you can do so electronically at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN 

Art. 13 [Personal Data Protection] 

  1. The Provider is the data controller within the meaning of personal data protection regulations (GDPR and others). Information about the rules for processing data by the Provider is included in the Privacy Policy available at: https://makeyourtail.com/en/content/2-privacy-policy

Art. 14 [Withdrawal Form Template]

declaration form:

[WITHDRAWAL FORM TEMPLATE]

(this form should be filled out and sent only if you wish to withdraw from the contract)

  • Recipient: GalacticPaw Studio - Dominika Resiak-Czok, based in Opole (45-245), ul. Bytnara Rudego 11F/8, TAX ID: 7543264712. 
  • I/We(*) hereby inform/inform(*) about my/our withdrawal from the sales contract of the following items(*) delivery contract of the following items(*) work contract consisting of the performance of the following items(*) / service(*)
  • Date of conclusion of the contract(*) / receipt(*)
  • Consumer's full name(-s)
  • Consumer's address(-s)
  • Consumer's signature(-s) (only if the form is sent in paper version)
  • Date

(*) Delete as appropriate.