TERMS AND CONDITIONS OF THE ONLINE STORE MINERALCO P.S.A.
I. GENERAL INFORMATION
II. DEFINITIONS
The following terms used in these Terms and Conditions shall have the meanings assigned to them below:
Sales Agreement – a contract concluded by Mineralco P.S.A. with the Customer via the online store www.petsdiag.com under the procedure set out in these Terms and Conditions.
Product – a test kit, consultation of the result, or supplement.
Delivery – the delivery by the Seller to the Customer of the ordered Product, constituting the performance of the service ordered from the Seller via the online store www.petsdiag.com under the Sales Agreement. Delivery is carried out using an external service provider (Polish Post, courier company).
Customer – the buyer of products offered in the online store. The Customer may be a natural person with full legal capacity or a legal person. The Customer may be a consumer or a non-consumer entity that is an entrepreneur within the meaning of the Act of July 2, 2004 on the freedom of economic activity (consolidated text: Journal of Laws 2010 No. 220, item 1447, as amended) and purchases goods in connection with their business activity.
Terms and Conditions – these Terms and Conditions defining the rules for placing orders by the Customer via the online store www.petsdiag.com and the fulfillment of those orders by the Seller.
Online Store – the online store operated by the Seller – Mineralco P.S.A., available at: www.petsdiag.com.
Seller – Mineralco P.S.A. with its registered office in Katowice, ul. Lubiny 10 C, 40-582 Katowice, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Katowice – Wschód in Katowice, 8th Commercial Division of the National Court Register under KRS number 0001074590, NIP 6342963590, REGON 383731860, with a share capital of PLN 158,900.
Website – the website operated by the Seller – Mineralco P.S.A. under the domain www.petsdiag.com.
Release – occurs when the Product is delivered to the Customer and received, either directly by the Customer or by a designated third party at the Seller’s premises.
III. TECHNICAL REQUIREMENTS
To purchase Products in the Online Store, the Customer should have:
a) a computer or phone connected to the internet;
b) an internet connection (a broadband connection is recommended);
c) an internet browser compatible with MS Internet Explorer 6.0, Firefox > 3, Opera 9, Google Chrome or newer with JavaScript enabled;
d) an active email account.
IV. PLACING ORDERS
The information provided on the online store website www.petsdiag.com does not constitute an offer within the meaning of the Polish Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended). This information constitutes an invitation to make offers by Customers. Therefore, placing an order by the Customer alone is not sufficient to conclude a Sales Agreement. By placing an order, the Customer submits a purchase offer to the online store. The distance Sales Agreement is concluded upon the Customer’s receipt of the order confirmation sent by the online store in the manner specified in point IV.7 of these Terms and Conditions.
The terms of the Sales Agreement are defined by these Terms and Conditions, the applicable provisions of law, including the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204, as amended), any individual arrangements made by the Customer with the online store in connection with the order, and, in the case of consumers, also the provisions of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of June 24, 2014, item 827).
Orders may be placed 24 hours a day, all year round, via the online store. Orders placed on public holidays or non-working days will be processed in the order they were placed on the first working day following the day the order was submitted.
To browse the offer available in the online store, the Customer must visit https://www.petsdiag.com/shop/. After accessing the online store, the Customer may select any Product available in the store. The Customer makes a selection by marking the chosen product and filling out the order form. Once the decision to purchase the selected product is made, the order must be confirmed.
To place an order via the online store, the Customer is required to provide their data using the order form.
Orders for which there are any doubts will be verified by the online store staff. The Customer will be informed about the verification of their order by phone or via email. If the Customer does not confirm the content of the submitted order, the order will be canceled by the online store.
The acceptance and commencement of processing of each order by the online store is confirmed by sending the Customer a confirmation email to the address provided in the order form.
By placing an order, the Customer confirms—by checking the appropriate box on the online store’s website—that they have read and accepted the Terms and Conditions of the online store.
Orders placed via the online store are fulfilled exclusively within the territory of the Republic of Poland. The online store’s offer is valid only within the territory of the Republic of Poland.
The Seller operating the online store issues a sales document, which is either a receipt or a VAT invoice.
V. TERMS OF PRODUCT DELIVERY
a) delivery via Poczta Polska (Polish Post);
b) delivery via a courier service.
The delivery time for orders shipped via Poczta Polska is three business days. This period depends on the date the payment is credited to the Seller’s account and the postal dispatch days (Monday, Wednesday, and Friday). However, delivery will take place no later than 30 days from the date the Customer placed the order. The risk of loss of the goods passes to the buyer at the moment the product is delivered by Poczta Polska.
The delivery time for orders shipped via courier service is five business days, counted from the date the payment is credited to the Seller’s account. Delivery will take place no later than 30 days from the date the Customer placed the order. The risk of loss of the goods passes to the buyer at the moment the product is delivered by the courier service.
The Customer, as well as any authorized third party, has the right to verify in the presence of the courier whether the delivered product complies with the order or whether the shipment is complete. The signature of the Customer or the authorized person on the delivery note constitutes confirmation that the delivery complies with the Sales Agreement.
When delivery is carried out by a courier service representative, the Customer is requested to check whether the shipment is damaged or shows signs of possible tampering. If the Customer notices damage to the packaging or contents at the time of receipt, they are required to complete a damage report with the courier and inform the Seller. The report must be prepared in two copies, one of which must be sent to the Seller by any means within 3 business days. The Customer also has the right to refuse to accept the product if there are any concerns, and must immediately inform the Seller by calling the Customer Service Office of the online store at +48 533 356 340. This phone notification helps expedite the complaint process.
VI. PAYMENT METHODS
Customers can use the following payment methods:
a) bank transfer to the Seller’s account: Mineralco IBAN: PL 38 1050 1070 1000 0090 8136 4953; BIC/SWIFT: INGBPLPW. The payment title must include the order number; one payment should be made per order.
b) payment via the PayPal system.
VII. PRICES AND DELIVERY COSTS
All prices are given in Polish zloty (PLN) and are gross prices, including VAT. Product prices include the cost of delivery via priority mail according to the pricing of Poczta Polska. Therefore, when choosing delivery via Poczta Polska, the Customer incurs no additional shipping costs—the delivery cost is PLN 0, as indicated on the online store’s website. If the Customer selects courier delivery, they will incur an additional fee of PLN 20, as stated on the online store’s website. This amount is listed as a separate item on the order and on the receipt or VAT invoice. The price and delivery costs are always shown on the online store website.
The prices provided are binding at the time the Customer places the order.
The Seller reserves the right to change the prices of available products and courier shipping costs, as well as to introduce or cancel any promotional offers. However, such changes will not apply to orders already placed by the Customer.
VIII. DISCOUNTS AND SPECIAL OFFERS
Customers who have a partner code may receive a special discount. The partner code must be entered in the order form. Promotional products cannot be combined with discounts obtained using a partner code.
IX. PERSONAL DATA PROTECTION, COOKIES AND NEWSLETTER
The administrator of your personal data is the Seller (Mineralco P.S.A., based in Katowice, at ul. Lubiny 10 C).
For matters concerning personal data, please contact us via email at iod@lifelinediag.eu
Personal data will be processed for the following purposes:
a) to fulfill an order placed in the store at petsdiag.com under Article 6(1)(b) of the GDPR;
b) to create and manage a customer account in the petsdiag.com store under Article 6(1)(a) of the GDPR;
c) for marketing purposes through the newsletter under Article 6(1)(a) of the GDPR.
Depending on the type of data processed, the recipients of personal data may include entities providing:
a) Courier services – regarding data processed for order shipment purposes;
b) Hosting services – regarding data processed for order fulfillment, store account management, and electronic correspondence;
c) IT services – regarding data processed for store account administration;
d) Newsletter distribution – regarding data processed for sending newsletters;
e) Accounting services – regarding data processed for order fulfillment in the petsdiag.com store.
Personal data will not be transferred to third countries.
Data retention periods:
a) Personal data related to the petsdiag.com account will be stored for the period required by applicable tax laws after the account deletion request.
b) Data related to newsletter subscriptions will be deleted after the subscription is canceled.
c) Data related to correspondence will be stored for 5 years (email) or for the period necessary to establish or defend legal claims.
The Customer has the right to access, rectify, delete, or restrict the processing of their data, the right to data portability, the right to object, and the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office (PUODO) if they believe that their data is being processed in violation of the General Data Protection Regulation (GDPR) of April 27, 2016.
Providing personal data is voluntary but required for creating and managing an account in the petsdiag.com store.
By subscribing to the newsletter, the Customer:
a) Consents to receiving commercial information electronically to the provided email address in accordance with Article 10(1) of the Act of July 18, 2002 on Providing Services by Electronic Means from the Seller;
b) Consents to the processing of their data for marketing purposes by the Seller;
c) Consents to the use of email communication for marketing purposes in accordance with the Telecommunications Law of July 16, 2004, by the Seller.
In order to tailor content and services to the individual needs and interests of users (Customers) of the website, cookies are used—these are files saved by the server on the user’s (Customer’s) computer, which can be read by the server each time the computer reconnects. Please note that users (Customers) can disable cookies in their browser settings at any time, but doing so may hinder the functionality of the website.
Detailed information regarding data security is provided in the Privacy Policy.
X. WITHDRAWAL FROM THE SALES AGREEMENT BY CONSUMER CUSTOMERS
The Customer has the right to withdraw from the Sales Agreement without providing any reason within 14 (fourteen) days from the date of receiving the ordered Product from the courier or via Poczta Polska, by submitting a written statement to the Seller. The Seller will promptly send the Customer confirmation of receipt of the withdrawal statement on a durable medium, as described in paragraph 3.
In the event of withdrawal from the Sales Agreement, the Customer is obliged to return the received Product in an unchanged condition, originally packaged, together with the proof of purchase. The Product must not be damaged. The return should be made without delay, but no later than 14 days from the day the Seller receives the withdrawal statement at the address provided in paragraph 3. The deadline is met if the Customer sends the Product back before the 14-day period expires. Upon withdrawal from the contract, the Customer will receive a refund of all payments received from them, including the cost of delivery (except for additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery offered by the Seller), without delay and no later than 14 days from the day the Seller was informed of the Customer’s decision to exercise the right of withdrawal. The refund will be made using the same payment method used in the original transaction unless the Customer explicitly agrees to a different method. If the Customer made an advance payment, statutory interest will be due from the date of the prepayment. The Customer will not incur any fees for the refund (except for the cost of returning the Product). The Seller may withhold the refund until the Product is received or until proof of its return is provided—whichever occurs first.
The cost of returning the Product to the Seller is borne by the Customer and is not refundable.
The provisions concerning consumers in this section also apply to a natural person entering into a contract directly related to their business activity if it appears from the content of the contract that it is not of a professional nature for that person, particularly based on the subject of their business activity as listed in the Central Register and Information on Economic Activity (CEIDG).
XI. PRODUCT DESCRIPTIONS
The Seller declares that the descriptions of the Products available in the online store are up to date and factually accurate.
XII. COMPLAINTS FOR CONSUMER CUSTOMERS
If, within 24 (twenty-four) months from the date of delivery, the Product received by the Customer is found to be non-compliant with the Sales Agreement (order), the Seller will replace it with a new Product. To do so, the Customer should send the non-compliant Product to the Seller’s address along with a complaint form available on the Seller’s website.
The Seller is liable to the Buyer if the Product is non-compliant with the contract at the time of delivery. Non-compliance discovered within six months of delivery is presumed to have existed at the time of delivery.
To exercise this right, the Customer must notify the online store of the non-compliance of the Product with the contract within two months from the date the defect was discovered. Sending the notice before the deadline is sufficient to meet this requirement.
The cost of shipping the complained Product is initially covered by the Customer; however, if the complaint is accepted, the Seller will reimburse the Customer for the delivery costs according to the Seller’s standard rates.
Complaints are processed within 14 days from the date the Seller receives the shipment containing the complained Product. Within this time frame, the Seller will respond to the Customer’s complaint.
If the complaint is accepted, the defective Product will be replaced with one free of defects. If replacement is not possible (e.g., due to unavailability), the Customer will be offered one of the following alternatives: a price reduction, selection of another available Product from the store, or a full refund. However, the Customer may not withdraw from the Sales Agreement if the non-compliance is deemed minor.
The Product, once the complaint is resolved, will be delivered back to the Customer by courier or Poczta Polska at the Seller’s expense.
The provisions concerning consumers in this section also apply to a natural person entering into a contract directly related to their business activity if it appears from the content of the contract that it is not of a professional nature for that person, particularly based on the subject of their business activity as listed in the Central Register and Information on Economic Activity (CEIDG).
XIII. WARRANTY FOR DEFECTS AND COMPLAINT PROCEDURE FOR CUSTOMERS WHO ARE NOT CONSUMERS, AND TERMINATION OF THE SALES AGREEMENT
A Customer who is not a consumer is entitled to statutory warranty claims for physical defects of the Product under the general rules set forth in the Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended), subject to the provisions of this Regulation.
A Customer who is not a consumer loses their rights under the warranty if they do not inspect the item in the time and manner customary for such items and do not notify the Seller immediately, no later than within 7 days of discovering the defect, or if the defect was discovered later – no later than within 7 days of its detection.
The Seller’s liability towards a Customer who is not a consumer is limited to actual damages and does not include lost profits and may not exceed the value of the Product’s purchase price. The Seller shall not be liable for damages resulting from delays in repair or replacement of the Product.
The provisions of section XII.5, 6, and 7 of these Terms and Conditions apply accordingly.
Termination of the Sales Agreement with a non-consumer entity shall be governed by the general rules set out in the Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
The provisions of items XIII.1, 2, 3, and 5 do not apply to a natural person entering into an agreement directly related to their business activity if the content of the agreement indicates that it is not of a professional nature for them, particularly resulting from the scope of their business activity made available under CEIDG.
XIV. FINAL PROVISIONS
The Seller reserves the right to amend the Terms and Conditions. The amended Terms and Conditions will be published on the Website of the online store and shall come into force after 7 (seven) days from their publication. These changes shall not affect the rights of Customers arising from orders placed before their introduction.
In matters not regulated by these Terms and Conditions, the provisions of universally applicable law shall apply, in particular the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204, as amended), and with regard to consumers, the Act of May 30, 2014 on Consumer Rights (Journal of Laws of June 24, 2014, item 827), as well as the Act of July 27, 2002 on Special Conditions of Consumer Sales and Amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).
Any disputes arising in connection with the execution of an order placed by the Customer shall be resolved amicably by the parties. If no agreement is reached, either party may submit the dispute to a competent common court.
A consumer may obtain free assistance regarding their rights and any dispute with the Seller, including by contacting a district (municipal) consumer ombudsman or a consumer protection organization (e.g., the Consumer Federation or the Polish Consumers Association). Information for consumers, including how to obtain assistance, is also available on the website of the President of the Office of Competition and Consumer Protection: www.uokik.gov.pl
Consumers may use out-of-court complaint and redress mechanisms, including the ODR platform, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. The ODR platform is an interactive website where consumers can submit complaints. It is available at: http://ec.europa.eu/consumers/odr
This Terms and Conditions document is governed by and interpreted in accordance with the laws of the Republic of Poland. Please note that different legal regulations, shipping and payment rules, service conditions, and consumer protection standards may apply in other European countries, non-EU countries, and countries outside the European continent. Specific regional differences are outlined in the respective local versions of our online stores dedicated to those countries.
