TERMS AND CONDITIONS
of www.zenterrain.com internet store
The owner and administrator of the store is:
The Company is registered in Poland at CEIDG (Central Registration and Information on Business) with these codes NIP:PL9570799447, REGON:222134800
Bank Account No.: PL 96 1050 1764 1000 0092 0013 5599
For foreign transfers SWIFT: INGBPLPW
The following Terms and Conditions sets down the rules of sales services through internet store working under the domain www.zenterrain.com. This document is required under polish law (Art. 13th, Act of May 30th, 2014 concerning consumer rights (Journal of Laws from 2014, item 827)).
The Customer (Buyer) has the right, before placing the order, to negotiate all terms and conditions with the Seller, including those changing following rules - pursuant to the applicable law. These negotiations need a written form to be valid. In case of the Client foregoing the possibility of concluding the contract through individual negotiations following rules are in effect.
- INTERNET STORE - the contract of sales or services contract is concluded through electronic means, if one of the contract sides is a CONSUMER than the contract is carried out under the conditions described in the Act of March 2nd,2000 concerning protection of consumer rights and liability for damage caused by a dangerous product - Chapter 2 - distance sales.
- SELLER and SERVICE PROVIDER – Company: ZEN TERRAIN KRZYSZTOF LESZCZYNSKI, ul. Przytulna 24/30, 80-176 Gdansk,POLAND, REGON: 222134800 - the contract of sales is conducted through INTERNET STORE under the domain www.zenterrain.com.
- BUYER (CUSTOMER) – a natural person, who is at least 13 years of age (in case of being under the age of 18, the consent of a legal representative is required), a legal person or an organization without legal personality (which a specific rules confer legal capacity), who is placing or about to place and ORDER or is using other services provided by INTERNET STORE. BUYER is a side to the sale and purchase contract, CUSTOMER is a side to the contract for the provision of electronic services.
- CONSUMER - BUYER, a natural person who is not self-employed or a natural person who is self-employed but the contract of sales or services contract conducted is not directly related to the business activity, is a CONSUMER under the conditions described in the Act of March 2nd,2000 concerning protection of consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. 22, item 271 as amended).
- PRODUCT - merchandise offered in the INTERNET STORE.
- TERMS AND CONDITIONS - the following TERMS AND CONDITIONS of the INTERNET STORE.
- CONTRACT OF SALES - contract for the sale of the PRODUCT through distance sales in the INTERNET STORE.
- CONTRACT SIDE - SELLER, BUYER, CUSTOMER, CONSUMER, SERVICE PROVIDER.
- ORDER - a statement placed through electronic means or a phone about willingness to conclude a CONTRACT OF SALES (ordering a PRODUCT or service).
- NEWSLETTER - service provided through electronic means by the SELLER, allowing the participants to obtain information about the INTERNET STORE through submitted email address.
B. GENERAL PROVISIONS
- Scope of provided services - selling of own-produced models of different types, toys, tabletop accessories etc.
- BUYER is obliged to provide data that is correct, lawful and not offensive. Data provided cannot in any way violate personal rights or property rights of third party.
- SELLER is not a VAT payer and is providing a sales document (invoice) for each transaction.
- The order can only be placed through the INTERNET STORE (webpage).
- Commercial information - price, description, advertisement and other information about PRODUCTS located on the SELLERs website, constitute an invitation to conclude a contract as defined in Art. 71 of the Civil Code.
C. ELECTRONIC SERVICES RELATED TO COMMUNICATION THROUGH INTERNET
- SELLER - to facilitate concluding a contract - is providing following services through the INTERNET STORE website:
- creating and administering Users Account in the INTERNET STORE;
- processing of product ORDER form in the INTERNET STORE;
- sending commercial information, promotional offers etc. in the form of a "NEWSLETTER";
- all services listed above are free of charge;
- service contract pertaining to managing and administering Users Account in the INTERNET STORE does not expire;
- service contract pertaining to facilitate order process in the INTERNET STORE through filling out the order form does expire. It is in effect for the time needed to fill out the form and through order processing and dissolves after placing and accepting the order;
- service contract pertaining to sending the "NEWSLETTER" does not expire.
- In case of services that do not expire both sides have right to terminate the contract:
- CONSUMER can terminate the electronic services contract at any time by sending a statement to that effect, either through email or post, to the SELLERS address. The SELLER will remove any PERSONAL DATA connected to the service and stop the service completely within 7 days from the receipt of the statement.
- SERVICE PROVIDER can terminate the electronic services contract, if the CONSUMER is in violation of the TERMS AND CONDITIONS - with 30 days notice period counted from the termination statement date. If both sides are entrepreneurs the SERVICE PROVIDER can terminate the contract with immediate effect.
- SERVICE PROVIDER and CLIENT can terminate the electronic services contract at any time by an agreement of both parties.
- Complaints pertaining to the provision of electronic services should be sent, either through email or post, to SELLERs address. Complaints will be resolved immediately and no later than within 14 days. If the complaint is not resolved within this period it is automatically recognized in favor of the applicant.
D. ORDERING AND ORDER PROCESSING
- The INTERNET STORE is fulfilling orders from Poland and worldwide. Shipping outside Poland is handled exclusively by Polish Post (Poczta Polska).
- Before placing an ORDER the BUYER needs to read the TERMS AND CONDITIONS. The fact of reading and accepting all of the TERMS AND CONDITIONS is explicitly confirmed by the BUYER during the registration and also before confirming the ORDER. The ORDER form will not be accepted without such confirmation.
- ORDERS through electronic means can be submitted 24 hours a day and 7 days a week.
- After obtaining the ORDER and confirming availability the SELLER accepts the ORDER and begins processing it. It is assumed that the confirmation of the ORDER by the SELLER is the conclusion of the CONTRACT OF SALES.
- The SELLER will start ORDER processing (PRODUCT handling and shipping) upon receipt of the payment to the bank account.
- Handling and shipping time is described under SHIPPING link.
- Prices shown in the STORE are either in PLN (polish language version) or in EUR (english language version) and are gross prices (inclusive of all required taxes and VAT).
- Prices shown are retail prices and do not include discounts and rebates. Discounts and rebates are shown in USERS account.
- Prices shown do not include shipping cost. Exact shipping cost is shown during order process and depends on shipping method, weight and order cost. The BUYER during the order process chooses the method of shipment and payment and accepts his choice.
- The SELLER reserves the right to set club and promotional prices, conduct and cancel all sorts of promotional campaigns and sales. The right referred to in preceding sentence does not affect orders made before the date of price changes, promotional campaign starts or sales. Those orders will be finalized on the terms from before the change.
- The price correct at the time of order is binding for the BUYER.
F. PAYMENT FORMS
- Bank Transfer - bank transfer to the SELLERS account number shown in the COMPANY INFO;
- DotPAY online payment system - system processing most credit and debit cards administered by Dotpay S.A., ul. Wielicka 72, 30-552 Kraków, terms and conditions available here;
- PayPAL online payment system - system administered by Paypal Polska Spółka z o.o. ul. E.Plater 53, 00-113, Warszawa;
- In the case of bank transfer the BUYER is obliged to pay full price within 7 days of conclusion of the CONTRACT OF SALES (confirmation of the ORDER by the SELLER), unless the contract sides agree otherwise.
- Shipping cost are calculated according to current courier price lists. The BUYER during the order process chooses the shipping method and accepts the shipping cost.
- Information about shipping costs is available in the 'SHIPPING' link on the INTERNET STORE website.
- The BUYER pays all the shipping cots, unless stated otherwise.
- We ship all the purchased products with Polish Post (Poczta Polska)
H. COMPLAINTS AND RETURNS IN RELATION WITH BUYERS AND CLIENTS THAT ARE NOT CONSUMERS (CONCERNING ENTREPRENEURS).
- This section of TERMS AND CONDITIONS apply only to BUYERS that are not CONSUMERS.
- Regulations concerning the principles of warranty for defects and quality assurance in contracts with entrepreneurs are accepted directly as adopted in the Civil Code Art. 556-581.
- The SELLER does not accept any COD (Cash on Delivery) parcels.
- In case of any doubts please contact us.
Address for correspondence and returns: ZEN TERRAIN KRZYSZTOF LESZCZYŃSKI, ul. Przytulna 24/30, 80-176 Gdańsk, e-mail: firstname.lastname@example.org
I. DISTANCE SALES RETURNS IN RELATION WITH THE CONSUMER.
- Under the conditions described in the Act of March 2nd,2000 concerning protection of consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. 22, item 271 as amended) the BUYER that is a CONSUMER concluding a „distance sale” contract has the right to cancel it within 10 days from the date of receiving the product. The condition under which the deadline must be kept is sending within that time a written statement of withdrawal to the SELLER (an e-mail is also valid) – you can use the form provided (Return Form.pdf).
- In the case of withdrawal, both SELLER and CONSUMER are obliged to return the benefits they have received from the other party under the contract, in the same state, unless a change was necessary in the normal course of business.
- After sending a statement CONSUMER must, within 14 calendar days (counted from the date of dispatch of the statement) send the returned goods to the SELLER. The date of shipment is crucial to meet the deadline.
Address for correspondence and returns: ZEN TERRAIN KRZYSZTOF LESZCZYŃSKI, ul. Przytulna 24/30, 80-176 Gdańsk, e-mail: email@example.com.
- The SELLER within 14 calendar days will reimburse the purchase price plus shipping cost from SELLER to CONSUMER. The form of return is determined by the BUYER in the Return Form - if it is not determined, it is assumed that the return should take place using the same method as the payment made.
- The CONSUMER withdrawing from the contract shall bear all the cost of returning the PRODUCT to the SELLER.
- The right to withdraw from the contract does not apply in the case of:
- provision of services started with the approval of the CONSUMER, before the contract expiration date;
- audio and video recordings and data stored on computer data carriers after the CONSUMER removes the original packaging;
- contracts for services for which the price or remuneration depends solely on price movements in the financial market;
- benefits with characteristics specified by the CONSUMER in his order, or closely associated with his person;
- benefits, which due to their nature cannot be returned or are subject to rapid deterioration;
- delivery of press;
- services in the field of gambling.
- The SELLER does not accept any COD (Cash on Delivery) parcels. Return delivery shall be suitably protected against damage in transit.
J. GOODS NON-COMPLIANCE COMPLAINTS IN RELATION WITH THE CONSUMER.
- The SELLER is liable to the CONSUMER for goods non-compliance with the contract of sales according to Act of 27 July 2002 (about specific terms of consumer sales) and amendments to the Civil Code (Journal of Laws No. 141, item. 1176, as amended).
- In case of goods non-compliance with the contract of sales, the CONSUMER has the right to file a written complaint.
- The SELLER informs that in the case of PRODUCTS covered by a WARRANTY the entitlements should be executed according to the terms set in the WARRANTY CARD. PRODUCT WARRANTY is an additional right and does not exclude, limit or suspend CONSUMER rights against SELLER liability for goods non-compliance with the contract of sales according to Act of 27 July 2002 (about specific terms of consumer sales) and amendments to the Civil Code (Journal of Laws No. 141, item. 1176, as amended).
- In order to file a complaint the BUYER (CLIENT) should complete the Complaint Form (Complaint Form.pdf) or describe in any other manner the basis for complaint and removal of defects and send it to the SELLER by post or electronic means (e-mail). Address for correspondence and returns: ZEN TERRAIN KRZYSZTOF LESZCZYŃSKI, ul. Przytulna 24/30, 80-176 Gdańsk, e-mail: firstname.lastname@example.org.
- In agreement with the SELLER - if it is possible and necessary for the evaluation of PRODUCT non-compliance it needs to be sent to the SELLERS address. The parcel should also contain filled in and signed Complaint Form.
- The SELLER will process the complaint without any delays. No later than within 14 calendar days from the date of complaint receipt the SELLER should inform the BUYER about the state of the complaint. If the complaint is not resolved within this period it is automatically recognized in favor of the applicant.
- In case of goods non-compliance, the CONSUMER can ask to repair or replace the PRODUCT for free, unless repair or replacement is impossible or require excessive costs.
- If the CONSUMER, for reasons explained in §7, cannot ask for repair or replacement, or if the SELLER cannot satisfy such request in a timely manner, or if the repair or replacement would cause considerable incovenience for the CONSUMER, he has the right to demand an appropriate price reduction or withdraw from the contract; the contract cannot be terminated if the non-compliance is negligible.
- The BUYER pays all the shipping costs for the returned goods. The SELLER does not accept any COD (Cash on Delivery) parcels.
- After resolving the complaint the SELLER will reimburse the BUYER with the shipping cost associated with the complaint. The SELLER will send the amount to the BUYER to his bank account.
- If resolving the complaint requires repair or replacement the SELLER will send the PRODUCT to the BUYER at his own expense.
- The complaint might be waived if the defects are a result of normal wear and tear or damage results from improper maintenance or improper use.
- In case of any doubts please contact us.
K. PERSONAL DATA PROCESSING AND PROTECTION
- All personal data submitted during registration process is processed only in terms of concluding a contract and is not shared with any third party - except as described in §2. Personal data acquisition and processing takes place in accordance with the Act of 29 August 1997 (protection of personal data / Acts. Laws No. 133, item. 883, as amended).
- In case of product sales through the INTERNET STORE personal data needed to address and deliver the parcel to the BUYER is passed on to the delivery companies - especially Polish Post and couriers - along with the parcel. In case of choosing on-line payments client personal data is processed by the on-line payments administrator.
- Personal data administrator acquired through the INTERNET STORE is: ZEN TERRAIN KRZYSZTOF LESZCZYŃSKI, ul. Przytulna 24/30, 80-176 Gdańsk, e-mail: email@example.com
- The Administrator has registered the data set in the GIODO (General Inspectorate of Personal Data Protection) record under the name of 'Webstore clients registry'.
- Users Personal Data is processed only in terms of establishing, forming, concluding, changing or dissolving a contract between Provider and the Client, and also to finalize the Contract of sale or Contract for the provision of electronic services.
- If the CLIENT agrees to be put into the subscribers list for the INTERNET STORE newsletter he will receive information related to products and latest promotions. The newsletter will be sent to the CLIENTS provided email. The CLIENT can at any time opt-out from receiving the newsletter.
- The customer has the right to access their data, correct it and demand removal of the data at any time.
- Submitting your personal data to the store and agreeing on processing it, is absolutely voluntary, if the CONSUMER denies to reveal the data necessary to process the order, and disagrees upon processing the data, completing the order may be impossible. The CONSUMER expresses openly the consent to the recording and processing personal data before registering in the system.
- For proper order handling it is necessary to obtain following User Data:
- name and surname or Users company name;
- in case of a company - tax ID;
- delivery address and billing address;
- Users e-mail;
- contact phone number;
- the application also stores the IP address from which you are connected to improve communication.
L. FINAL PROVISIONS
- The contract is concluded in Polish and under Polish law jurisdiction. This choice however does not deprive the CONSUMERS from protection conferred to them by the regulations, that cannot be derogated from by agreement, under the law of the State in which the consumer has his habitual residence, and the trader is directing its activities to that Member State and the contract falls within the scope of such activities.
- The contents of TERMS AND CONDITIONS are available at all times under the TERMS AND CONDITIONS link on the SELLERS webpage and can be copied and printed at any time by the BUYER. The contents of TERMS AND CONDITIONS can also be send by email or post at the request of a CLIENT.
- In matters unregulated by the TERMS AND CONDITIONS following regulations shall apply:
- The Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16, item. 93, as amended.);
- The Act of 29 August 1997. Protection of personal data (Journal of Laws 2002 No. 101, item. 926 d.);
- The Act of 18 July 2002. Of electronic services (Journal of Laws 2013 pos. 1422);
- The Act of 30 June 2000. Industrial Property Law (Journal of Laws 2001 No. 49, item. 508, as amended.);
- Act of 4 February 1994. Copyright and related rights (Journal of Laws 2006 No. 90, item. 631, as amended.);
- The Act of 27 July 2002. Specific conditions of consumer sale and amending the Civil Code (Journal of Laws 2002 No. 141, item. 1176, as amended.);
- Act of March 2nd,2000 concerning protection of consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. 22, item 271 as amended);
- The provisions of these TERMS AND CONDITIONS are not intended to exclude or limit any rights of the customer who is also CONSUMER within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item. 93, as amended) - which he is entitled to under the applicable law. In case of provisions set in the TERMS AND CONDITIONS that are contrary to the above or other current Polish regulations - those regulations have priority above TERMS AND CONDITIONS.
- If any provision of this TERMS AND CONDITIONS shall be deemed unlawful, void or otherwise unenforceable to the extent permitted by law, in this respect it is void. The remainder of the TERMS AND CONDITIONS remain in force.
- Jurisdiction to resolve any disputes will be the Civilian Court.
- All the names of the goods offered by the INTERNET STORE are used for identification purposes and can be protected under regulations set in Law of Industrial Property (Journal of Laws 2001 No. 49, item. 5081, as amended).
- All the pictures posted on the INTERNET STORE webpage are protected under regulations set in Act of 4 February 1994 Copyright and related rights - (Journal of Laws 1994 No. 24, item. 83, as amended) and have a creative and individual character. They can not be copied without the consent of the Administrator of the Website.