Terms of service
§1 General provisions
- The online store available at https://pokusa.pet (the "Store") is operated by NIKOS Sp. z o.o. Sp. k., Sygneczów 1, 32-020 Wieliczka, Poland, entered in the National Court Register (KRS) under number 0000324298, NIP 6020094728, EU VAT No. PL6020094728, owner's email: sklep@pokusa.org (the "Seller").
- Customer service and contact: email contact@pokusa.pet, phone (+48) 721 875 858, Monday to Friday, 8:30 a.m. to 4:30 p.m. CET. Customers may use these details for questions about orders, complaints and consumer rights.
- These Terms and Conditions define the rules for using the Store and for concluding sales contracts at a distance. They are the regulations referred to in Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services.
- The Store sells to customers in the European Union countries listed in the Shipping Policy.
- These Terms and Conditions are available free of charge on the Store website in a form that can be downloaded, saved and printed.
§2 Definitions
- Customer: a natural person, legal person or organisational unit without legal personality but with legal capacity, who places an Order in the Store.
- Consumer: a natural person who concludes a contract with the Seller for purposes not directly related to their business or professional activity.
- Entrepreneur with consumer rights: a natural person concluding a contract directly related to their business activity, when the contract is not of a professional nature for them (Article 7aa of the Polish Act on Consumer Rights). The provisions on Consumers concerning the right of withdrawal and conformity of goods apply to such persons accordingly.
- Order: the Customer's declaration of will aimed at concluding a sales contract, specifying the type and quantity of products.
- Account: the Customer's customer account in the Store.
§3 Technical requirements and use of the Store
- To use the Store, the Customer needs a device with Internet access, an up-to-date web browser and an active email address.
- Browsing the Store and placing Orders does not require an Account. Customers may sign in to an Account to view orders, submit return requests and manage their data. Using the Account is free of charge, and the Customer may delete it at any time by contacting customer service.
- The Customer may not provide unlawful content or use the Store in a way that disrupts its operation.
- Complaints about electronic services (for example the Account) can be sent to contact@pokusa.pet. The Seller will respond within 14 days.
§4 Orders and conclusion of the contract
- Product information in the Store is an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code.
- Orders are placed through the order form (checkout) in the Store. Before placing an Order, the Customer sees the total price, including taxes, delivery costs and any other fees.
- By clicking the button that confirms the Order with an obligation to pay, the Customer submits an offer to purchase. The sales contract is concluded when the Customer receives the email order confirmation from the Seller.
- The Seller confirms the contract terms in the order confirmation sent to the Customer's email address.
§5 Prices and payment
- Prices in the Store are in euro (EUR) and include VAT. Delivery costs are shown separately at checkout before the Order is placed.
- The available payment methods are shown at checkout and may depend on the destination country, device and order value.
- The Seller ships the Order after receiving payment.
- For price reductions, the Seller also shows the lowest price from the 30 days before the reduction, as required by law.
§6 Delivery
- Delivery countries, available carriers, delivery costs, order processing time and estimated transit times are described in the Shipping Policy, which forms part of these Terms and Conditions. The delivery cost for a given Order is calculated and displayed at checkout before payment.
- If a product is temporarily unavailable, the Seller will contact the Customer and agree on the next steps. The Customer may withdraw from the contract with a full refund.
- Risk of accidental loss of or damage to the products passes to the Consumer when the Consumer or a person indicated by the Consumer (other than the carrier) takes possession of them.
§7 Right of withdrawal
- A Consumer may withdraw from the contract within 14 days without giving any reason, under the Polish Act of 30 May 2014 on Consumer Rights and Directive 2011/83/EU on consumer rights, as amended by Directive (EU) 2023/2673. The period starts when the Consumer receives the last product of the Order.
- The withdrawal can be submitted using the electronic withdrawal function available in the Customer's Account ("Return items" option on the relevant order). The Consumer confirms the withdrawal and provides their name and the order details, and the Seller sends a confirmation of receipt of the withdrawal without undue delay by email. The withdrawal can also be submitted by email to contact@pokusa.pet or by using the model withdrawal form.
- The rules for returning products, return costs, refund deadlines, exceptions to the right of withdrawal (in particular for sealed products unsealed after delivery that cannot be returned for health protection or hygiene reasons) and the model withdrawal form are described in the Return & Cancellation Policy, which forms part of these Terms and Conditions.
§8 Conformity of goods with the contract and complaints
- The Seller is responsible to the Consumer for the conformity of goods with the contract under Chapter 5a of the Polish Act on Consumer Rights. In relation to Customers who are not Consumers, the Seller's liability under warranty for defects (rękojmia) under the Civil Code is excluded to the extent permitted by law.
- Complaints can be submitted by email to contact@pokusa.pet. Please include your order number, a description of the issue and, if possible, photos.
- The Seller will respond to a Consumer's complaint within 14 days of receiving it. If the goods do not conform to the contract, the Consumer may request repair or replacement and, under the conditions set out by law, a price reduction or withdrawal from the contract.
§9 Out-of-court dispute resolution
- A Consumer may use out-of-court complaint and redress procedures, for example the help of a municipal or district consumer ombudsman, a provincial inspectorate of the Trade Inspection (Inspekcja Handlowa), or a consumer organisation. Information is available on the website of the Polish Office of Competition and Consumer Protection (UOKiK): www.uokik.gov.pl.
- Consumers from other EU countries may also contact the European Consumer Centre in their country.
- Using out-of-court procedures is voluntary for both parties.
§10 Personal data
The controller of personal data is the Seller. Information about the processing of personal data is provided in the Privacy Policy.
§11 Ambassador Sport Club and Pokusa Breeders Club
- Members of the Ambassador Sport Pokusa Club and the Pokusa Breeders Club receive the title of Ambassador after joining a club.
- After membership is confirmed, the Ambassador receives individual prices that are visible in the Store after signing in to their Account. Prices become visible within 2 working days of joining the club.
- If the Ambassador does not have an Account, it may be created by the club coordinator. Orders placed by Ambassadors follow the same rules as other Orders.
§12 Product reviews
- Customers may post reviews of products on pokusa.pet. Reviews are published after moderation.
- The Seller publishes reviews only from Customers who have purchased or used the product and does not publish false or paid reviews. Reviews are rejected if they are unlawful, offensive, contain spam, advertising or links, do not concern the product, or infringe the rights of third parties.
- By posting a review, the author grants the Seller a free, non-exclusive, territorially unlimited licence to publish and use the review in the Store and in the Seller's marketing materials. The review may be signed with the author's first name and/or surname.
§13 Intellectual property
The content of the Store, including photos and product descriptions, is protected by law. It may not be used without the Seller's prior consent (email consent is sufficient).
§14 Final provisions
- These Terms and Conditions are governed by Polish law. This does not deprive a Consumer of the protection granted by the mandatory provisions of the law of the country of their habitual residence.
- The Seller may amend these Terms and Conditions for important reasons, such as changes in the law, payment or delivery methods, or the Store's functions. Customers with an Account will be informed of changes at least 14 days before they enter into force. Orders placed before the change are governed by the version in force on the day the Order was placed.
- These Terms and Conditions enter into force on 2 October 2026.