Shop regulations

ONLINE STORE TERMS AND CONDITIONS

I. Definitions

The terms used in these Terms and Conditions shall have the following meaning:

Customer – a natural person, legal person or organizational unit not being a legal person, who is assigned a legal capacity through regulations, and who places an order in the Store;
Consumer – pursuant to the art. 22[1] of the Civil Code, it means a natural person who together with an entrepreneur takes a legal action directly unrelated to its business or professional activities.
Civil code – the act dated 23 April 1964 (Journal of Laws no. 17, item 93 as amended);
Terms and Conditions – these Terms and Conditions specify general terms of sale and principles of rendering electronic services in Zeegma online store;
Online store (Store) – the online platform available on zeegma.com through which the Customer may place Orders;
Product – products presented in the Online store;
Sale agreement – the Products sale agreement pursuant to the Civil Code, concluded by and between Zeegma and the Customer, concluded with the use of the Online store;
Consumer rights act – the act as of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
Electronic services act – the act dated 18 July 2002 on rendering electronic services (Journal of Laws no. 144, item 1204 as amended);
Order – the Customer’s declaration of will aiming directly to conclude the sale agreement, specifying in particular the type and number of Products.

II. General provisions

These Terms and Conditions specify the principles of using the online store available on zeegma.com.
These Terms and Conditions are the rules referred to in the art. 8 of the electronic services act.
Zeegma online store, available on zeegma.com, is kept by BrandLine Group Sp. z o.o, A. Kręglewskiego 1, 61-248, Poznań, NIP [taxpayer’s ID]: 7822579840, REGON [business ID]: 361233546, entered into the Register of Entrepreneurs kept by the District Court Poznań Nowe Miasto i Wilda, VIII Commercial Division of the National Court Register under the number 0000552768, share capital 20 000 zlotys.
These Terms and Conditions specify the following in particular:

principles of registering and using the account in the online store;
terms and principles of placing Orders by electronic means in the online store;
principles of concluding Sale agreements with the use of services rendered by the online store.

It is possible to use the online store provided the following minimum technical requirements are met by the ICT system used by the Customer: web browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer or Chrome version 32 or newer, enabled Cookies and Javascript in the web browser.
In order to use the online store, the Customer must gain access to a computer workstation or a final device with access to the Internet.
Pursuant to the applicable rules of law, Zeegma reserves a right to limit rendering services through the Online store to persons who have turned 18. This being the case, potential Customers will be notified of the above.
Customers may gain access to these Terms and Conditions at any time via the link available on the home page of zeegma.com, and download and print it out.

III. Terms of use

Registration in the Online store is optional. The Customer may place the order without registering in the Store after it has read the Terms and Conditions and accepted them.

To register, it is necessary to fill in and accept the registration form available on the Store’s website.

To register, it is obligatory to accept the Terms and Conditions and enter personal data marked as mandatory.

Zeegma may deprive the Customer of the right to use the Online store or limit its access to some or all resources of the Online store, with immediate effect, when the Customer violates the Terms and Conditions, particularly when the Customer:

- has entered unreal, imprecise, out-of-date, misleading data or data violating third parties’ rights during registration in the online store,

- has infringed third parties’ personal rights through the online store, in particular personal rights of other online store customers,

- has behaved in a way considered by Zeegma as being at variance with applicable rules of law or general principles of using the Internet, or harming Zeegma’s reputation.

The person who has been deprived of a right to use the online store is unable to register again without Zeegma’s prior approval.

In order to make sure the transmission of messages and data under the services is safe, the Online store undertakes technical and organizational measures that correspond to the degree of danger, in particular measures aimed at preventing unauthorized persons from gaining and modifying personal data sent over the Internet.
The Customer is obligated to do the following in particular:

- use the Online store in accordance with rules of law applicable in the territory of the Republic of Poland, provisions of the Terms and Conditions, as well as general principles of using the Internet.

- not to deliver or communicate contents prohibited by law, e.g. violence-promoting contents, defaming contents or contents infringing personal rights and other rights of third parties,

- use the Online store in a way that does not disturb its operation, in particular through the use of specific software or devices,

- not to take such actions as distributing or posting non-ordered commercial information (SPAM) through the Online store,

- use the Online store so that it is not bothersome to other customers and Zeegma,

- use any contents posted through the Online store only for personal use.

IV. Conclusion of the sale agreement

In order to conclude the Sale agreement via the Online Store, it is necessary to enter zeegma.com, choose the Product, and take further actions on the basis of messages and website information displayed for the Customer.
To choose Products, the Customer is obligated to add them to a cart.
While placing the Order and until the Customer clicks to confirm the order placement – it is possible to modify data and specific Product. To do so, it is necessary to follow messages and information displayed for the Customer.
Once the Customer who uses the Online store has entered all required data, the Order summary will be presented. The aforesaid summary will include a description of specific products or services, total price and all other costs.
In order to send the Order, it is necessary to accept the Terms and Conditions, enter personal data marked as mandatory, and press the key to confirm the order placement.
The information on Products presented on web pages of the Store shall be understood as the offer pursuant to the art. 66 of the Civil Code. Sending the Order by the Customer is tantamount to declaration of will to conclude the Sale agreement with Zeegma, pursuant to the Terms and Conditions.
The agreement is considered as concluded when the Customer’s Order enters the IT system of the online store, as long as the Order complies with the Terms and Conditions. When the agreement is already concluded, the Customer receives an e-mail message which confirms all essential elements of the Order.
The Sale agreement is concluded in Polish, and its content corresponds to the Terms and Conditions.
Customers may gain access to these Terms and Conditions at any time via the link available on the home page of zeegma.com, download and print it out.

The order data and General Terms (terms of sale) are recorded, secured and disclosed by electronic means. Previous orders can be accessed through the account, after logging in.

V. Delivery

Products are delivered only in the territory of the Republic of Poland and to the address specified by the Customer while placing the Order.
Products ordered are delivered through the following:

- Poczta Polska [Polish Postal Service]

- Courier

- Paczkomat [Self-service parcel pickup station]

It is not possible to collect the products in person in our store.

Delivery costs: 1. Pocztex shipping Delivery through Pocztex Shipping fee: 10 zlotys COD parcel fee: 25 zlotys 2. Courier shipping Delivery through FedEx. Shipping fee: 0 zloty COD parcel fee: 15 zlotys 3. Paczkomaty InPost Shipping and pickup via Inpost pickup stations. Shipping fee: 0 zloty COD parcel fee: 15 zlotys. Additionally delivery costs will be specified while placing the Order.

The delivery lead time is 24 hours and starts running from the day on which the Customer has placed the Order.
Product damage arising upon delivery.

If the consumer purchases products remotely, our Store is always held responsible for accidental damage or loss of transported goods. If the products are delivered with obvious damage arising during transportation, please report such a defect to the deliverer and contact us as soon as possible. If you are late with lodging such a complaint or trying to contact us, there are no consequences for your statutory claims and their satisfaction, particularly for your rights on accounts of statutory warranty for defects (point VIII of the Terms and Conditions). Early notification of damage arising during transportation can help us pursue our own claims against the carrier or carriage insurer.

VI. Prices and forms of payment

The prices of Products are expressed in Polish zlotys and include all components, including a VAT, customs duties and any other.
The Customer is allowed to pay the price:

- on a COD (cash on delivery) basis
Extra fee of 10 PLN

- through payment in PayU system

VII. Right to withdraw from the agreement

The Customer who is a consumer pursuant to the art. 22 [1] of the Civil Code has a right to withdraw from the remote agreement for convenience by filing a relevant declaration within 14 days. We voluntarily extend this period to 30 days. To meet the deadline, it is only necessary to send the declaration before the aforementioned period expires.
The Customer may draw up the declaration on its own or use the declaration template available here.
A 30-day period starts running on the day on which the Product was delivered or in the case of services agreement – on the day of concluding it.
Upon receiving the agreement withdrawal declaration from the consumer, the seller will send a message to the consumer’s e-mail address to acknowledge receipt of the aforesaid declaration.
The right to withdraw from the agreement by the consumer is excluded in the case of:

rendering services if the Seller has fully completed its service upon express approval of the consumer who has been informed (beforehand) that it would lose the right to withdraw from the agreement when the Seller completes its service;
the agreement in which the price or remuneration depends on fluctuations of the financial market, which the Seller cannot control, and which may occur before expiration of the agreement withdrawal period;
the agreement in which the subject of the service is a non-prefabricated Product, manufactured as per the consumer’s specification or used to meet its customized needs;
the agreement in which the subject of the service is the Product that is liable to deteriorate early or expire rapidly;
the agreement in which the subject of the service is the Product delivered in a sealed packaging, which when opened cannot be returned in view of the health protection or for hygienic reasons if the packaging has been opened after the delivery;
the agreement in which the subject of the service is Products which when delivered due to their nature are integrally connected to other items;
the agreement in which the subject of the service is alcoholic beverages whose price was arranged upon concluding the Sale agreement and which may be delivered only after 30 days and whose value depends on the market fluctuations, which the Seller cannot control;
the agreement in which the consumer expressly requested the Seller to visit it in order to urgently repair or maintain the item; if the Seller also renders other services than the ones required by the consumer or delivers Products other than spare parts required for the repair or maintenance, the right to withdraw from the agreement is assigned to the consumer with reference to additional services or Products;
the agreement in which the subject of the service is sound or visual recordings, or PC software delivered in a sealed packaging, if the packaging has been opened after delivery; delivery of journals, periodicals or magazines, except for the subscription agreement;
the agreement concluded by way of the public auction;
rendering services related to accommodation, other than for residential purposes, transportation of items, car rental, food catering, rest-related services, entertainment events, sport events or cultural events, if the agreement specifies the day or period of the service;
delivery of digital contents which are not recorded on the physical carrier if the service initiated upon express consent of the consumer before the agreement withdrawal period expired and after informing it by the Seller about the loss of right to withdraw from the agreement.

In case of withdrawing from the remote agreement, the agreement is deemed non-concluded. The return must occur instantly, not later than within 30 days. The purchased Products must be returned to the Seller’s address.
In case of withdrawing from the remote agreement, you are only liable for a limited value of items due to use other than required to identify the nature, features and functioning of the item.
The Seller will return any amounts paid, including the Product delivery costs, to the consumer immediately, not later than within 14 days after receiving the consumer’s declaration on withdrawal from the agreement. The Seller returns the amounts in the same way as they were paid in by the consumer, unless the consumer agrees to other form of return, where this form is not going to entail any expenses for the consumer.
If the consumer has chosen a delivery of Products in other than the least expensive way offered by the Seller, the Seller will not be obligated to return any additional costs to the consumer.
The Customer is only obligated to incur the costs of Product return, unless the Seller agrees to incur it on its own.

VIII. Product complaints

Applicable to the customer being a consumer:

We are obligated to deliver defect-free products. There is a statutory liability for defects of the item sold (warranty for defects) referred to in the art. 556 and art. 556[1]-556[3] and other of the Civil Code.

The complaints can be filed:

- in writing to the following address: BrandLine Group Sp. z o.o, ul. A. Kręglewskiego 1, 61-248 Poznań,

- by electronic means to: [email protected].

- or through a contact form available on the Store’s website.

In case of exercising rights on accounts of warranty – as long as we find it necessary to consider the complaint – you are obligated to deliver the defective product upon our expense to the aforesaid postal address. If due to the type of the product or installation method the delivery of the product may be excessively hindered, you are obligated to make it available to us in its location. We undertake to respond to the complaint immediately, not later than within 14 days after lodging it.

We are responsible on accounts of the warranty if the physical defect is found within two years after the product has been handed over to you. When the subject of sale is a preowned movable good, the warranty liability is one year after handover.

In the complaint, it is advisable to (1) give information on the subject of the complaint, in particular the type and date of defect; (2) specify a request concerning the way of eliminating the defect (exchange into a new product, product repair, discount, withdrawal from the agreement – as long as the defect is essential); and (3) enter contact data of the complainant – this will provide support and help the Store consider the complaint faster. Recommendations presented above are only casual tips and by no means influence the applicability of complaints lodged without the recommended information.

Applicable to the customer not being the consumer:

The buyer who is not a consumer loses rights on accounts of warranty if it has failed to examine the product on time and in the conventional way, and failed to immediately inform the seller about the defect, and when the defect is found later – if it has failed to notify the seller immediately after identifying it. In case of lack of notification of the defect, the product is considered as accepted. The above-stated clause does not apply in case we insidiously omit the defect. Complaints can be lodged in writing to the Store’s address or by electronic means.

IX. Additional guarantees when selling Goods in the Store

Zeegma is a manufacturer of Goods available in the Store. As a manufacturer, Zeegma grants an additional guarantee for Products which it produces on the terms and for the period of time specified in the guarantee card attached to Products. Our guarantee does not exclude or limit or suspend the Customer’s rights arising from the warranty regulations and for defects of the sold item (Point VIII of the Terms and Conditions).

X. Complaints with regard to electronic services

Zeegma takes measures in order to assure a fully correct operation of the Online store, as it arises from the current know-how, and undertakes to eliminate any irregularities reported by Customers without undue delay.
The Customer may inform us about any irregularities or Online store downtime. In case of irregularities related to operation of the Store, please report them by electronic means to the following e-mail address: [email protected]
In the complaint with irregularities related to operation of the Online store, please specify the type and date of the irregularity.
We undertake to respond to the complaint instantly, not later than within 14 days after receiving it.
Out-of-court methods of considering complaints and pursuing claims
Please be informed that it is possible to use out-of-court methods of considering complaints and pursuing claims. It is voluntary to use them and may happen only when both parties to the dispute give their consent.
- The consumer may request the Trade Inspection to initiate the proceedings on out-of-court resolution of consumer disputes concerning the Sale agreement, pursuant to the art. 36 of the act dated 15 December 2000 on Trade Inspection (Journal of Laws of 2001 no. 4, item 25 as amended).
- The consumer may also file a petition to recognize the dispute related to the Sale agreement by the permanent arbitration court based at the relevant provincial inspectorate of the Trade Inspection, pursuant to the art. 37 of the act dated 15 December 2000 on Trade Inspection (Journal of Laws of 2001, no. 4, item 25 as amended).
- The European Commission also provides the platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is accessible on: http://ec.europa.eu/consumers/odr/.
Any details on resolving consumer disputes, including a possibility of using out-of-court methods of considering complaints, pursuing claims, and principles of accessing these procedures, are available in head offices and on web pages of provincial inspectorates of the Trade Inspection, and on the website: https://uokik.gov.pl/spory_konsumenckie.php.
Please be informed that we undertake to use out-of-court methods of resolving disputes with Consumers pursuant to the act dated 23 September 2016 on out-of-court resolution of consumer disputes. The subject authorized with regard to out-of-court resolution of disputes between Zeegma and Consumer is: the consumer court based at the Trade Inspection and available on: https://www.uokik.gov.pl/wazne_adresy.php#faq596.. The consumer may apply to this body with a request to initiate the proceedings on out-of-court resolution of consumer disputes.
To all matters not settled herein, the provision of the Civil code, the electronic services act, the act on consumer rights and other relevant rules of the law of Poland and European Union, in particular GDPR (Resolution of the European Parliament and Council (EU) 2016/679 dated 27 April 2016 on protection of natural persons due to personal data processing and on free flow of such data and repeal of the directive 95/46/CE) shall apply.

XI. Final provisions

The court for resolving disputes with Consumers is the court having its jurisdiction as arises from applicable provisions of the Civil Code.
Any potential disputes by and between Zeegma and Customer who is not a consumer are resolved by the court having its jurisdiction over our head office.
To all matters not settled herein, the provisions of the applicable law shall apply, in particular the act dated 23 April 1964 Civil Code (uniform text, Journal of Laws of 2014, item 121, as amended) and act dated 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). In case of any conflict between these Terms and Conditions and Customers’ rights and provisions arising from commonly applicable regulations, the provisions of the applicable law of Poland shall apply.