TERMS&CONDITIONS

GENERAL PROVISIONS

The following Terms and Conditions define rules of performing remote transactions by the Seller and the Clients by means of electronic communication, especially via email, at the Seller’s website operating at the address www.zien.pl, as well as rules of services provided by the Seller through the website mentioned above.

DEFINITIONS

The Seller, Administrator, Personal data Administrator – Maciej Zień, ul. Belwederska 9/21 00-761 Warszawa, NIP 946 213 15 40, Regon 015 66 09 05.

The Shop – Internet shop www.zien.pl, which operates within Poland and provides mail-order sell of goods available on its current offer, run by the Seller,

The Website – the website operating at the address www.zien.pl,

Working days – the days of the week from Monday to Friday, excluding legal holidays,

Lead time – the time of the order completion by the Shop and its shipping according to the Clients’ wish,

The Client – any natural person over 18 with full capacity to perform acts in law and any legal person or organization that is not a legal person, that is entitled to legal capacity by separate laws and regulations, that makes a purchase in the Shop according to the rules defined in the Terms and Conditions,

The Consumer – any natural person who performs a legal act with the Seller, that is not directly connected with their business or professional activity,

The Password – a sequence of letters, numbers and special characters consisting of at least 5 items, which is individually set by the Client and which allows the customer to make a purchase in the Shop. The Password is confidential and can be changed by the Client with any frequency. The Client is solely responsible for any damage caused by a disclosure of his/her Password to a third party, excluding the situation when the Administrator is responsible for the disclosure, especially due to the improper data protection,

Registration – attributing the person who is willing to become a Client with the login (email address) and the Password, which will identify him/her. In order to register, choose the option „Register” and follow the instructions. Once you give your login and Password, you are able to use the Shop,

The Goods or Product, Products – the goods or products presented on the Website, which are made available by the Seller.

TECHNICAL REQUIREMENTS TO USE THE SHOP

In order to use the Shop, the Client needs to possess the computer hardware and software that is of the following minimum requirements:

a) a personal computer and network card or modem which enables the Internet access,

b) Windows, Mac OS or Linux operating system which has graphical environment; a standard browser (Internet Explorer, Mozilla Firefox, Opera, Chrome), which operates SSL connections, Java Script applications and cookies,

c) the Internet connection.

The Seller warns that the Client may not be able to place the order, enter into a contract

or expect the contract to be fulfilled unless the technical requirements mentioned above are met.

In order to register correctly, the Client ought to:

a) fill in the registration form with the following data:

-name, surname, email address, delivery address, telephone number

b) accept the Terms and Conditions and Privacy Policy of the Shop.

The acceptance of the Terms and Conditions is tantamount to making the following statements:

a) I am familiar with the Terms and Conditions and I accept all of their rules,

b) I use the Seller’s services of my own free will, according to the rules set in the Terms and Conditions,

c) I declare that the personal data given in the registration form are true, and I accept that if this statement is false, I am solely responsible for it, according to the Polish Law

d) registering in the Shop, I grant my consent to process my personal data by the Administrator, for the purposes of fulfilling the agreement only, according to the Terms and Conditions.

THE CLIENT’S OBLIGATIONS

The Client is especially obliged to:

a) the observance of copyrights and industrial property rights, which result from the registration of inventions, patents, trademarks, utility models and industrial designs belonging to the Administrator and third parties, as well as the observance of protection of image rights

b) refraining from providing content of unlawful character and inconsistent with the Terms and Conditions

c) refraining from any activities which could obstruct or disrupt functioning of the Website or the Shop.

ORDER PLACING AND PROCESSING

The Seller sells the Goods via the Internet. The current offer and any information concerning the Products and services is on the Website.

The information given on the Website is not an offer in the sense of the provision of the civil code – it is only an invitation for the Client to enter into a contract and close a sale. The conditions of the contract are defined by the Terms and Conditions, the applicable law and, possibly, any individual arrangements between the Seller and the Client.

The orders are placed by the Client via the form on the Website.

While placing the order on the Website and filling in the form, the Client:

a) chooses a Product

b) chooses a suitable way of delivery

c) defines the address of delivery

d) declares the will to receive an invoice, the way of its delivery and gives any data necessary for its issue.

Once the order is placed, the Seller sends information about its compliance with the offer of the Shop, when it comes to the price and the number of items ordered, as well as the availability of the Products. The information is sent to the email address given by the Client.

The Seller reserves the right to additional confirmation of the order through telephone contact.

Order processing starts after the correct completion of the form by the Client and after the confirmation of the order (clicking the link mentioned in par. 6). The Seller immediately sends the confirmation of the agreement conclusion to the Client’s email address.

The order can be processed once the Products ordered by the Client are in stock. If anything ordered by the Client is not available, the Seller informs the Client about it. The Client can then decide to cancel the order or to have it partially executed.The Seller reserves the right to withdraw from the order processing if getting the Product to the Shop is impossible, if it is connected with excessive costs or excessive awaiting time.

Placement of orders in the Shop is possible 24 hours a day every day of the year. The only exception may be the system failure or its possible redevelopment.

PRICES OF GOODS

Prices of all the goods on the Website are given in PLN and constitute their total prices, including all the taxes.

The price given next to the Product on the Shop’s offer is binding once the order has been taken.

The Seller reserves the right to change the prices of Products on the Shop’s offer, introduce new Products to the Shop, carry out promotion campaigns on the Website and cancel or change them. The right mentioned above does not influence the prices of Products ordered before the date of the price change, the conditions of promotion campaigns or sales.

DELIVERY AND ITS COST

The way of delivery is chosen by the Client from among the options mentioned in this point, and determined in the order.

Shipping is performed by the courier.

The ordered Goods may be also picked up in person in the Shop, between 10 a.m and 5 p.m. after declaring it through telephone contact (phone number +48 577 267 377) or via email (email address: pr@zien.pl). Connection fee equals the fee for a regular phone connection, according to the Client’s provider’s price list.

The cost of shipment performed by the courier is added to the cost of ordered Goods and quoted to the Client while placing the order.

If delivery is delayed more than seven days after its due time, the Client should report it to the Seller through the telephone contact (phone number +48 577 267 377) or via email (email address: pr@zien.pl) in order to start the procedure of complaint against the deliverer. Connection fee equals the fee for a regular phone connection, according to the Client’s provider’s price list.

LEAD TIME

The Goods are sent within 2-5 working days after the payment has been received.

The Seller cannot be held liable for any shipment delay or non-delivery if it is caused by a mistake or inaccuracy in the address given by the Client.

The Seller – acting to the order of the Client – sells the Goods in the way chosen by the Client: by the courier.

On the Client’s request, the Seller may make the details of the shipment available to the Client.

The Seller does not perform postal or courier services.

PAYMENT PROVISIONS

The Shop accepts the following forms of payment:

a) through a legal entity specializing in electronic transfers. In order to send the Goods, the Seller needs the confirmation of the payment transfer from the company serving the transfer,

b) money transfer to the Seller’s bank account within 7 days from the moment of the confirmation of order, with the number of the order as the transfer name,

c) with a credit card.

If a way of payment mentioned in point 1 par. a), c) or d) is used, order processing starts when the Seller receives confirmation of the correct transaction.

COMPLAINTS

All the Goods available in the Shop come from a legal source, are authentic and free from defects.

According to the Consumer’s Rights Act from 30 May 2014 (Journal of Laws 2014, item 827) and the civil code, the Seller is liable for any discrepancy between the Goods and the agreement. In case of the Clients who are not consumers, the Seller is responsible on the basis of the civil code, excluding the rules stated differently in the Terms and Conditions.

In order for the complaint to be processed, the faulty product has sent directly to: Atelier Maciej Zień, ul. Belwederska 9, 00-761 Warszawa.

The complaint is processed within 14 days from its placement.

The Client may submit a declaration in which he/she declares the price reduction or withdrawal from the agreement, unless the Seller immediately exchanges the faulty Product for a free from defects one or removes the defect without any excessive inconvenience. If it considers a Consumer, he/she may demand the exchange of the Product instead of the defect removal proposed by the Seller, or demand the defect removal instead of the exchange of the Product, unless it is impossible or connected with excessive cost in comparison with the solution proposed by the Seller.

If the Consumer demands the exchange of the Product or submits the declaration of the price reduction, with the sum by which the price is supposed to be reduced, and the Seller does not respond to it within 14 days, the demand is considered valid.

Once the complaint is admitted, the Product will be repaired for free or exchanged for a new one, unless its repair or exchange is impossible or connected with excessive cost.

In case the Client cannot demand the repair or exchange or if the Seller is not able to satisfy such a demand in due time or the repair or exchange is connected with considerable inconvenience for the Client, he or she may demand the price reduction or withdraw from the agreement; however, withdrawal from the agreement is not possible if the defect of the Product is irrelevant.

The Consumer is entitled to complaint within 2 years from the Product delivery.

WITHDRAWAL FROM THE AGREEMENT

The Consumer may resign from the Product bought in the Shop and submit the declaration of withdrawal from the agreement within 14 (fourteen) days from receiving the Product by the Consumer or a third party pointed by him, different than the deliverer – according to the Consumer’s Rights Act issued on 30 May 2014 (Journal of Laws 2014, item 827). In order to keep the date, the declaration must be sent within the time limit defined in par. 1.

The Consumer is responsible for any decrease in value of the Product which results from its use beyond the verification of its constitution, features and functioning.

The Consumer is not entitled to the return of the Goods in cases defined in Art. 38 of the Act mentioned in par. 1, especially the Goods produced according to the Consumer’s specification or supposed to satisfy their indivudual needs.

The declaration of withdrawal may be placed consistently with the form of withdrawal from the agreement. The Seller is obliged to send the confirmation of its receiving immediately, via email.

The Seller pays the refund which equals the costs of all the payments made by the Client, within 30 (thirty) days from the moment of receiving the declaration of withdrawal from the agreement. The refund includes the cost of transport, excluding any additional costs which result from the choice of transport other than the cheapest one. The Seller pays the refund in the same way as the one used by the Consumer, unless the Consumer agrees to a different way of refund, which is not connected with any additional costs. The Seller may withhold the refund until he gets the Product back or until the Consumer delivers the confirmation of its return, depending what happens first.

The Consumer is obliged to return the Product to the Seller or deliver it to a person authorized by the Seller without delay, and not later than 30 days from the date he/she withdrew from the agreement, unless the Seller proposes to pick the Product on their own. To keep the date, the Product has to be sent within the time limit. The Consumer is only obliged to pay the direct costs of the return of the Product.

The Seller admits the returns sent back to the following address: Atelier Maciej Zień, ul. Belwederska 9, 00-761 Warszawa

PERSONAL DATA

The Client, while registering, grants his/her consent to collect his/her personal data in the Administer’s database and to process it for the purposes of processing Orders and for marketing purposes.

Maciej Zień, ul. Belwederska 9/21 00-761 Warszawa, NIP 946 213 15 40, Regon 015 66 09 05 is the Administrator of the personal data.

The administrator has the right to make the provision of services and using the Shop by the Client conditional on prior confirmation of his/her personal data, entrusted to process while registering at the Shop, by an appropriate document or its certified copy.

The Client is solely responsible for giving untrue personal data.

Personal data is protected under the Act of 29 August 1997 on Personal Data Protection (Journal of Laws of 2002, No 101 item 926 with amendments), The Act of 18 July 2002 on Providing of Electronic Services (Journal of Laws No 144, item 1204 with amendments).

The personal data given in the registration form will be used by the Administrator to conclude, process, change or withdraw from the agreement with the Client and to provide as good quality of the services as possible.

The Client is entitled to have insight into his/her personal data, introduce amendments and request to remove it.

The Administrator is entitled to reveal the personal data only to the bodies authorized under the provisions of law, according to the Privacy Protection Policy, rules stated in the Terms and Conditions and the provisions in force, especially including the act of personal data protection.

FINAL PROVISIONS

Any matters which are not regulated in the Terms and Conditions are subject to the Polish Law, especially the Civil Code and The Act on Consumer Rights.

Any amendments to the Terms and Conditions will be introduced in accordance with the provisions in force and with respect to the consumer rights. If any amendments are introduced, the Administrator will inform about it by publishing a uniform text on the Website and individually, via email.

The Seller guarantees validity of the Terms and Conditions present on the Website.

In case the Terms and Conditions are amended, any orders placed before the amendments are processed on the basis of Terms and Conditions in force on the day when the order was placed.