Terms and Conditions of zaremski.pl Online Store

 

 

 

§ 1

Preliminary provisions

 

  1. The owner of zaremski.pl online store and zaremski.pl domain is 

the Marcin Zaremski company with its registered office in Warsaw address: ul. Narbutta 20/52, 02-541 Warsaw 

(hereinafter referred to as: the Store)

  1. Store’s contact details: e-mail onlineshop(at)zaremski.pl and phone number: 22 663 99 10 

The Store can also be contacted through the contact form.

  1. Acceptance of these T&Cs is a necessary condition for concluding an Agreement. Registration on the website is not obligatory for placing orders and does not create an obligation to place orders. Unregistered customers cannot place orders to be delivered outside Poland.

 

 

§ 2

Definitions

 

The terms used in the T&Cs shall have the following meaning:

 

  1. Terms and Conditions (T&Cs) - these Terms and Conditions for the provision of electronic services within the Store.
  2. Goods - product(s) sold by the Store.
  3. Sale Agreement (Agreement)- an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Store and the Customer, concluded with the use of the Store's website available at zaremski.pl/shop
  4. Order - the Customer's statement of will, aimed directly at concluding a Sale Agreement, indicating in particular the type, specification and number of Goods.
  5. Act on Electronic Service Provision - Act of 18 July 2002 on Electronic Service Provision (Journal of Laws No. 144, item 1204 as amended).
  6. Act on Consumer Rights - Act of 30 May 2014 on Consumer Rights (Journal of Laws of 24 June 2014)
  7. Civil Code - Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);

8.     Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal personality, but with legal capacity, using the Store, in particular making purchases.

9.     Consumer - a Customer who is a natural person, having full legal capacity, using the Store, in particular making purchases, for purposes not directly related to their business or professional activity (pursuant to Article 22 1 of the Act of 23 April 1964 - Civil Code).

10.  Price - price of the Goods displayed next to the Goods. Prices are given in Polish zloty and in Euro in the English and German language versions and always include VAT (gross prices). The price does not include the cost of delivering the Goods to the place indicated by the Customer or any additional costs (e.g. customs duties).

11.  Newsletter - a service provided electronically by the Store, consisting in sending commercial and advertising information to the e-mail address provided by the interested party.

12.  Working Days - all weekdays from Monday to Friday, excluding public holidays;

 

 

§ 3

General Provisions

 

  1. These T&Cs define the rules of using the Store available at the address zaremski.pl

 

  1. These T&Cs specify in particular:

 

a)     rules applicable to registration and use of an account in the Store;

b)     terms and conditions for placing orders in the Store electronically;

c)     principles of concluding Sale Agreements using the services provided by the Store.

d)     Customer's right to cancel an order and withdraw from the Agreement;

e)     rules for lodging and processing complaints.

 

  1. In order to browse the Store's website, including browsing the Store's range of products, you need an end device with Internet access and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in its current version, supporting HTML5 technology. In order to use some of the Store's functions, including registration with the Store, as well as placing orders for the Goods, it is also necessary to have an active e-mail account (e-mail) and javascript and cookies enabled.
  2. The Store’s T&Cs are always available on the Store's website. Commercial information published on the Store's website does not constitute a commercial offer within the meaning of the Civil Code, but only an invitation to submit offers within the meaning of Article 71 of the Civil Code. Invitations to submit offers may be changed at any time. An agreement is concluded according to the invitation to conclude it valid at the time of placing the order. Assessment of the validity of the invitation to conclude an agreement shall be made according to the actual prices of the Goods from the Store. In the case of concluding an Agreement with a Customer, the Store shall inform the Customer about the total price or remuneration for the service, including taxes, at the latest when the Customer expresses their willingness to enter the Agreement.

 

§ 4

Principles of use of the online store

 

  1. The condition for rendering services specified in the T&Cs is to read the T&Cs and accept their provisions.
  2. Services provided electronically under these Terms and Conditions consist in enabling the use of the Store to conclude a sale agreement and its execution.
  3. The Customer is obliged in particular to:

a)     not providing or transmitting content prohibited by law, e.g. content that promotes violence, is defamatory or violates the personal rights and other rights of third parties; or violates good manners,

b)     use the Store in a manner that does not interfere with its operation, in particular by using specific software and devices,

c)     not to take actions such as sending or posting unsolicited commercial information (spam) within the Store,

d)     use the Online Store in a way that is not burdensome for other Customers and for the Store,

e)     use any and all content featured in the Store only for their own personal use,

f)      use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the T&Cs, as well as general principles of using the Internet.

 

  1. The Customer shall be solely responsible for their actions performed in the Store.
  2. The Customer may place orders for the Goods available in the Store 7 (seven) days a week and 24 (twenty-four) hours a day, subject to prohibitions or restrictions on trade resulting from mandatory provisions of law.
  3. The Store does not engage in wholesale. The Store is entitled to indicate the maximum number of pieces of particular Goods or category of Goods as part of one Order. Information about restrictions on the maximum number of pieces of particular Goods or category of Goods as part of one order is available in the description - product sheet.

 

§ 5

Procedure for conclusion of a Sale Agreement

 

  1. In order to conclude a Sale Agreement via the Online Store, you should go to www.zaremski.pl/shop and perform the following actions:

 

a)     using the wizard, select the specification of the ordered Goods

b)     add to basket

c)     choose the method of payment and delivery

d)     provide the data necessary to execute the Order such as: first name and surname, shipping address, address of residence, email address, telephone number and, in case of issuing a VAT invoice, NIP number. 

e)     accept the Terms and Conditions and possibly agree to receive commercial information and the Newsletter if the order is being placed by an unregistered Customer or log into the Customer's account if the order is being placed by a registered Customer. 

f)      click on the “Order with obligation to pay” button.

 

  1. While placing an Order - until the button "Order with obligation to pay" has been activated - the Customer can modify the entered data and to modify the selection of the Goods. For this purpose, please refer to the messages displayed to the Customer and the information available on the website.
  2. Submission of an Order by the Customer constitutes a declaration of will to conclude a Sale Agreement with the Store, in accordance with the content of the Terms and Conditions and the declaration made by the Customer concerning purchase of the selected Goods or manufacture of the Goods according to the order, in line with the Customer's specification, and sale and delivery of the Goods placed in the basket.
  3. After placing an Order, the Customer receives an e-mail entitled “Order Confirmation No. ...”, with the final confirmation of all relevant elements of the Order.
  4. The Agreement shall be deemed concluded at the time of receipt by the Customer of the e-mail referred to in item 4 above.
  5. The Agreement concluded between the Customer and the Store concerning the purchase of given Goods is time-limited and lasts for the period of the Order fulfilment. The place of performance of the service involving the purchase of Goods from the Store is the delivery address indicated by the Customer.
  6. Orders are fulfilled once the payment has been recorded, i.e. the total price for the Goods together with the costs of shipment of the Goods, payable by bank transfer or through an electronic payment system, which should take place no later than 7 days after placing the Order, unless the Consumer has been unable to fulfil the service through no fault of their own and has informed the Store about it.
  7. The subject of the Agreement shall be shipped within the time limit specified in the information sheet for the Goods, and in case of Orders composed of multiple Goods - within the longest period of time indicated in the product information sheets. That period begins when the Order is fulfilled. 
  8. The purchased subject of the Agreement is shipped together with the sales document chosen by the Customer to the place of delivery indicated by the Customer in the order.
  9. The Customer can register by creating a customer account. During the registration process, the Customer will have to provide data to enable their identification and delivery of the ordered Goods and, in case of entrepreneurs, to issue a VAT invoice. These data are listed in item 1 above. Additionally, it will be necessary to provide the Customer's address of residence or registered office. A cash register receipt or VAT invoice will be issued on paper and attached to the Goods.
  10. The Customer is obliged to keep the login and password to their Store account secret. The password is confidential information to be known exclusively by the Customer;
  11. Registration with the Store as well as use of the functions of the Store is free of charge. Registration means conclusion of an agreement for the provision of electronic services by the Customer with the Store, consisting in maintaining the Customer's account, on the terms set out herein.
  12. After registering with the Store, each time you log in, you either use the data provided in the registration form or changed subsequently in the Customer account settings.
  13. An account created as a result of the registration is maintained for the Customer for an indefinite period of time. The Customer may withdraw from maintaining an account with the Store and request its removal at any time. There are no fees for cancelling and removing the account.
  14. In order to have the Customer's account deleted from the Store, please contact the Store at the following e-mail address: onlineshop(at)zaremski.pl 

An instruction to delete an account is accepted for execution after confirmation that the person making the request is the account holder. Deletion of the account takes place immediately and is tantamount to termination by the Customer of the electronic service provision Agreement with the Store, which concerns maintaining the Customer's account.

  1. The store is entitled to block the Customer's account in the following cases: 

a)     infringement by the Customer, while using the Store, of generally applicable laws, the rights of third parties (including in particular the rights on intangible assets and personal rights of third parties) or principles of social coexistence or good manners;

b)     other repeated (at least two times) breach by the Customers of these T&Cs;

c)     repeated (at least twice) submission of orders by the Customer with false address data, making it impossible to find the recipient;

d)     persistent and repeated submission and cancellation (at least twice) of orders by the Customer under these Terms and Conditions, if the cancellation is not justified by the inability of the Store to carry out the Order in accordance with the specifications of the Order.

  1. The Customer shall be notified of the intention to block their account at the e-mail address currently registered with the Store. The blocking of an account in accordance with the preceding paragraph shall mean termination of the electronic service provision Agreement with the Customer with immediate effect.
  2. If a Customer's account is blocked in accordance with the above provisions, any outstanding orders placed by that Customer will be cancelled. Cancellation takes place within 1 day from account blocking. In such a case, if payment for the order has already been made, the Store will refund the entire amount paid to the Customer. Refunds will be made immediately.
  3. The Customer is entitled to request that the Store's decision to block their Account be reconsidered. Such a request must be made in writing under pain of invalidity and must be sent to the Store's registered office address. The decision after reconsideration is final.
  4. If all or part of the Order cannot be completed, the Store shall immediately notify the Customer after concluding the Sale Agreement. A notification will be sent to the e-mail address indicated by the Customer in the order form or during account registration. 
  5. If the Order has been paid for by the Customer and has been cancelled in whole or in part, the Store shall refund the amount due for the cancelled Goods or, in the case of cancellation of the entire Order, the amount due for the entire Order in accordance with §10 section 7.

 

§ 6

Prices and Payment Methods

 

  1. The prices of the Goods in the Polish language version of the Terms and Conditions are given in Polish zloty and in Euro in the English and German language versions and always include VAT.
  2. The cost of shipment is added to the Order amount based on the type of shipment and the Order amount, and any additional costs are also added, such as customs duty and other charges required for shipment outside the territory of the Republic of Poland. 
  3. Prior to the final placement of the Order, the Customer must agree to the additional costs added to the Order amount, referred to in item 2 above.
  4. Any discounts and promotions, which the Customer shall be informed about, are not combined.
  5. The Customer can pay the price, shipping costs and any additional costs:

 

a)     by traditional transfer to bank account number: 83 1030 0019 0109 8503 3002 9009

Payment by traditional transfer shall be understood as a payment made by the Customer via a bank through an online or regular account or at the post office.

b)     by electronic payment or by payment card, also via Google Pay or Apple Pay. 

The payment operator is Przelewy24/Dotpay or Stripe

c)     by credit card

d)     by Blik

e)     by Masterpass

 

  1. Orders are executed after the total amount of the required payment for the order has been credited to the Store's bank account. In case of payments handled by a payment operator - after the operator has confirmed the correct execution of the full payment.
  2. In the case of selected Goods, the Store reserves the right to exclude certain ways of delivering orders or forms of payment for the order, of which the Customer shall be informed before concluding the agreement.
  3. The Customer may request a VAT invoice. The Customer may request the Store to issue an invoice with a cash register receipt before the lapse of 3 months, counting from the month following the month of sale or receipt of payment. However, they shall only have the right to request an invoice for a company only if the cash register receipt contains their VAT ID. If this condition is not met, the Store does not have the right to issue an invoice for a company based on the cash register receipt.

 

§ 7

Delivery

 

  1. Delivery of the Goods is limited to the territory of the European Union and takes place at the address indicated by the Customer when placing an Order. The Store, on the basis of individual arrangements with the Customer, may send the ordered Goods outside the EU, after the Customer accepts the shipping costs and any additional costs (e.g. customs duty).  
  2. The Goods may be collected from the Collection Point, i.e. from the Store, at the address: Rynek Starego Miasta 8, Warsaw. This option is suspended until further notice due to the Covid 19 pandemic.
  3. In case of non-collection from the Collection Point, the order amount shall be increased by shipping costs, which are to be borne by the Customer and whose value is communicated to the Customer at the time of conclusion of the agreement.
  4. Delivery of the ordered Goods in the territory of Poland takes place through:

 

a)     DPD courier service

 

 

 

  1. Delivery costs are presented on the “costs and delivery times” page. Additionally, the costs will be indicated when placing the Order.
  2. The Store reserves the right to change the carrier of the goods ordered by the Customer without their consent if the use of the method of delivery chosen by the Customer due to circumstances for which the Store is not responsible would be excessively difficult or impossible or would involve the risk of non-delivery within the period indicated by the Store. The Consumer shall not incur any additional costs in connection with a change of carrier.
  3. Subject to §5 section 8, the time limit for completion of the Order is 15 working days counting from the date of submission of the Order by the Customer and recording payment of the price due for the produced Goods together with the costs of delivery of the ordered Goods, to the date of delivery of the Goods to the Customer.
  4. The Goods are handed over to the Customer at the time of handing over the ordered Goods to the carrier, i.e. the courier company to which the Store has commissioned the service of delivering the Goods to the Customer. At the same time, the Customer declares that they authorize the courier to collect the Goods on their behalf. The ordered Goods may be collected personally by the Customer from the Collection Point in accordance with item 2 above, if the Customer has chosen this option.
  5. The Goods are handed over to the Customer who is a Consumer at the time when they accept the goods from the carrier and at that time the threat of accidental loss or damage to the goods also passes to the Customer. 
  6. When the sold item is handed over to the carrier, the benefits and burdens associated with the item and the threat of accidental loss or damage to the item are transferred to the Customer who is not a Consumer.
  7. The Seller delivers to the Client the Goods covered by the Order together with a sales document in the form of a cash register receipt or a VAT invoice issued on the Customer's request. In the case of unregistered Customers, the Customer shall be obliged to provide the data necessary for this purpose as specified in §5(1)(d).
  8. The Store reserves the right to limit the available methods of delivery and forms of payment in relation to Customers who: 

 

a)     at least three times have not collected the order sent by a courier service.

b)     at least three times have failed to collect orders to be collected from the Collection Point;

c)     have more than four orders waiting to be collected from the Collection Point, a designated Polish Post office, via a courier service or InPost Paczkomat locker.

 

  1. If the Customer chooses to pay by traditional bank transfer, the Customer is obliged to pay the full price for the ordered Goods, including delivery costs, within no later than 7 days from the date of receipt by the Customer of order confirmation. In case of a lack of payment for the order, messages concerning the lack of payment and the number of days remaining to pay for the order are sent to the Customer by e-mail. An order that has not been paid for within 7 days from the date of receipt by the Customer of order confirmation from the Store shall be automatically cancelled and the Store shall be released from the obligation to fulfil it.

14.  If the Customer makes a payment by traditional transfer for part of the Order, no Sale Agreement is concluded and the money paid will be refunded to the Customer's account number or card in accordance with §10 item 7.

  1. The Customer is obliged to provide a correct (current) and exact address to which the order is to be delivered (in case of orders with delivery service). If the Customer provides an incorrect or inaccurate address, the Store shall not be liable for non-delivery or delay in delivery of the order if, for the above reason, despite the Store and the carrier exercising due diligence, it proves impossible to deliver the order or to deliver it on time.

 

 

§ 8

Warranty Rights and Complaints Regarding Inconsistency of Goods with the Agreement Concluded with Entities other than Consumers.

 

  1. The Store excludes liability on account of warranty under agreements concluded with entities other than Consumers. Complaints regarding inconsistency of the Goods with the agreement may be made in such a case only on the basis of the provisions below, and the Store's liability in this respect is based on the general principles resulting from the Civil Code.
  2. Complaints should be submitted electronically to the following e-mail address: onileshop(at)zaremski.pl
  3. Each complaint should contain a detailed description of the inconsistency of the Goods with the agreement.
  4. Customers are obliged to check if the Goods are consistent with the order within 7 days from the date of receipt of the Goods. A complaint submitted after the 7-day period from the date of receipt of the Goods shall not be taken into account.
  5. The condition for filing a complaint is return delivery of the Goods together with a proof of purchase at the Customer's expense.
  6. The Store undertakes to process each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be processed. If the day following the day of complaint receipt is a public holiday (Saturday, Sunday, holiday), the complaint will be examined on the first working day after the day of complaint submission.
  7. If the complaint is accepted, the Store will inform the Customer about the proposed way of handling the case.
  8. Consumers are also entitled to lodge a complaint in accordance with §8.

 

§ 9

Consumer Rights under Warranty

 

  1. The Store shall be liable towards the Consumer on the terms set out in Article 556 of the Civil Code and subsequent in case of defects (warranty).
  2. In case of an agreement concluded with a Consumer, if a physical defect has been found within one year from the release of the item, it is assumed that it existed at the time when the threat passed to the Consumer.
  3. If the item sold has a defect, the Consumer may:

 

a)     make a statement requesting a price reduction;

b)     make a statement of withdrawal from the Agreement;

c)     demand that the item be replaced with a defect-free item 

d)     instead of a replacement, demand removal of the defect/repair

 

  1. The claims referred to in item 3(c) and (d) may be made, unless it would be impossible to make the Goods consistent with the Agreement in the manner chosen by the Consumer or unless it would entail excessive costs compared to the manner proposed by the Store, whereby the assessment of excessive costs shall take into account the value of defect-free goods, the nature and importance of the defect found, and the inconvenience to which the Consumer would be exposed by other means of redress.
  2. The Consumer cannot withdraw from the agreement if the defect is insignificant.
  3. Subject to item 4 above, the Store is obliged to replace the defective item with a defect-free item or to remove the defect within a reasonable time without undue inconvenience to the Consumer.
  4. The Store may refuse to satisfy the Consumer's demands if it would be impossible to make the Goods consistent with the Agreement in the manner chosen by the Consumer or if it would entail excessive costs compared to another manner of making the Goods consistent with the Agreement.
  5. The Consumer who exercises the warranty rights is obliged to deliver the defective item to the address for complaints at the Store's expense. 
  6. The costs of replacement or repair shall be borne by the Store, subject to item 8.
  7. The Store is obliged to accept a defective item from the Consumer in case of replacement of the item for a defect-free item or withdrawal from the agreement.
  8. The Seller will respond within fourteen days with regard to:

 

a)     a statement requesting a price reduction;

b)     a statement of withdrawal from the Agreement;

c)     a demand that the item be replaced with a defect-free item;

d)     a demand that the defect be rectified.

 

        Otherwise, it shall be deemed that the Seller has accepted the Consumer's statement or request as justified.

 

  1. The Store is liable under warranty if a physical defect is found within two years from the time the item is handed over to the Consumer, and if the sold item is used - within one year from the time the item is handed over to the Consumer.
  2. The Consumer's claim for removal of a defect or replacement of a sold item for a defect-free item shall be time-barred and limited to the period of one year, counting from the day on which the defect was found, but not less than to two years from the date on which the item was handed over to the Consumer, and if the sold item was used - to one year from the date on which the item was handed over to the Consumer.
  3. Within the time limits specified in items 13-14, the Consumer may submit a statement of withdrawal from the agreement or statement of reduction of price due to a physical defect in the item sold, and if the Consumer demands replacement of the item for a defect-free item or removal of the defect, the time limit for submitting the statement of withdrawal from the agreement or statement of reduction of price begins at the time of ineffective expiry of the time limit for replacement or removal of the defect.
  4. In the event of an investigation before a court or arbitration tribunal of one of the warranty rights, the time limit for the exercise of the other rights the Consumer is entitled to on this account shall be suspended until the proceedings are finally concluded. This also applies appropriately to mediation proceedings, with the time limit for the exercise of other warranty rights vested in the Consumer starting to run from the date the court refuses to approve the settlement agreement concluded before the mediator or terminates the mediation ineffectively.
  5. For the exercise of rights under the warranty for legal defects in an item sold, the time limit starts from the date on which the Consumer learned of the existence of the defect and, if the Consumer learned of the existence of the defect only as a result of a third-party action, from the date on which the ruling given in the dispute with the third party became final.
  6. If, due to a defect in the goods, the Consumer has made a statement of withdrawal from the agreement or statement of reduction in price, they may demand compensation for the damage they have suffered by concluding the agreement without knowing about the existence of the defect, and in particular they may demand reimbursement of the costs of concluding the agreement, the costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses made to the extent that they have not benefited from the Goods if they have not received reimbursement for them from a third party and reimbursement of the costs of the proceedings. This is without prejudice to the provisions concerning the obligation to compensate for damage under general legal provisions.
  7. Expiry of any time limit for the determination of a defect does not preclude the exercise of warranty rights if the Store has maliciously concealed the defect.
  8.  The Store, if it is obliged to provide a financial benefit or service to the Consumer, shall do so without undue delay.

 

§ 10

Right of Withdrawal from the Agreement

 

1.     The Consumer has the right under Article 27 of the Consumer Rights Act to withdraw from an agreement concluded remotely, without giving any reason and without incurring any costs, except for the costs specified in Article 33 of the Consumer Rights Act.

2.     The deadline for withdrawal from an agreement concluded remotely is 14 days from the time of releasing the item, and in order to meet the deadline it is sufficient to submit the relevant statement before its expiry. The statement of withdrawal from the agreement may be submitted by the consumer on the form whose template is available at ........... or in any other consistent form if the will to withdraw from the agreement is indicated by its content.

3.     The Store will immediately confirm to the Consumer by e-mail (given at the time of conclusion of the agreement or registration, or other if given in the submitted statement) receipt of the statement of withdrawal from the agreement.

4.     In case of withdrawal from the agreement, the agreement is considered non-concluded.

5.     The Consumer is obliged to return the item to the Store immediately, but not later than within 14 days from the day on which they withdrew from the agreement. To meet the deadline, it is sufficient to send the items back before the deadline.

6.     The Goods should be returned in an unaltered state unless the change was necessary within the limits of normal use, i.e. the Consumer should handle the product in a manner which takes into account its subsequent return. The Consumer shall be liable for any reduction in the value of the item resulting from its use beyond what is necessary to establish its nature, characteristics and functioning. If applicable, returned goods should feature the Store's tag/label. In particular, the Store considers that an altered condition, which changes the value of the Goods, means Goods returned with a broken product seal, i.e. the string with a plastic element with the Store's logo affixed to the Goods or a broken seal sticker with the Store's logo.

7.     The Shop shall immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the agreement submitted by the Consumer, refund all payments made by the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Store, the Store shall not reimburse the Consumer for the additional costs pursuant to Article 33 of the Consumer Rights Act.

8.     The Store shall refund the payment using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to another method of payment which does not involve any costs for them.

9.     The Store may withhold the refund of the payment received from the Consumer until it has received the item back or until the Consumer has provided evidence of its return shipment, whichever occurs first.

10.  Pursuant to Article 38 of the Consumer Rights Act, the Consumer is not entitled to withdraw from the agreement whose subject matter is an item that is non-prefabricated, produced to the consumer's specifications or intended to meet their individual needs. In particular, these are Goods with engraving or manufactured in non-standard sizes.

 

§ 11

Copyright

 

  1. Copyright to all graphic design elements of the Store and other content featured in it, constituting a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, is vested exclusively in the Store.
  2. Any copying, distribution and preparation of the appearance of the Store, or other content published in it, as well as its individual elements constituting a work within the meaning of the Act mentioned in item 1, without the express written consent of the Store, constitutes an infringement of its proprietary copyrights, as well as of the personal copyrights of individual authors.

 

 

§ 12

Protection of Personal Data

 

  1. Personal data provided by the Customers (in the process of account registration and in the process of placing an order without registration) are processed by the Store (Data Administrator).
  2. Provision of personal data by the Customer is voluntary, however, it is necessary in order to make purchases and use such services provided electronically by the Administrator which require provision of personal data. The Data Controller processes personal data for the purpose of providing electronic services, concluding agreements with the Customer and performing agreements for the sale of Goods.

3.     If the Customer agrees to the processing of their data for marketing purposes and to receiving commercial information and subscribes to the list of subscribers, they will receive the "Newsletter" at the e-mail address provided by them. The Customer may withdraw from the Newsletter service at any time.

  1. The Customer has the right to access, correct and delete their personal data. Personal data can be corrected or deleted after logging into the Customer's account ("Your Account" tab) or by submitting a request to the e-mail address: onlineshop(at)zaremski.pl
  2. By providing the data, the Customer declares that the personal data provided by them are their data.
  3. Detailed provisions concerning the protection of the Customer's personal data are available on the Store's website in the Privacy Policy under the tab: Privacy Policy.

 

§13

Final Provisions

 

  1. Any disputes between the Store and the Customer shall be settled by the Court having territorial jurisdiction over the Store.

2.     If the Customer is a Consumer, the competent court shall be the court having jurisdiction over the seat/place of residence of the defendant or another court which is more convenient for the Consumer.

3.     Where a Consumer is domiciled abroad within the European Union, if the Store brings an action against the Consumer, the Store has the right to choose between the court of the defendant's domicile and the court of the place of performance of the Agreement, unless the choice of the place of performance of the agreement results in the application of procedural rules towards the Consumer which could unduly restrict the Consumer's right to an effective remedy, which it is for the national court to verify.

  1. The Consumer is also entitled to use out-of-court complaint handling and claim pursuit methods, including:

a)     The Consumer is entitled to apply to a permanent amicable consumer court acting at the Commercial Inspectorate to resolve a dispute arising from a concluded sale agreement.

b)     The Consumer is entitled to request the Provincial Commercial Inspectorate to initiate mediation proceedings to amicably end the dispute between the Consumer and the Store.

 

 

  1. The Consumer can also use the online consumer dispute resolution platform (ODR platform) in accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). The European ODR platform is intended to facilitate out-of-court online settlement of disputes between consumers and entrepreneurs concerning contractual obligations arising from online sale agreements or service agreements concluded between consumers residing in the European Union and entrepreneurs based in the European Union, especially if these countries are different. Electronic link to ODR platform: ec.europa.eu/consumers/odr. Use of available out-of-court complaint handling and claim pursuit methods is possible after completing the complaint procedure and is voluntary, however, both parties must agree to the proceedings.
  2. In matters not regulated in these T&Cs, the provisions of the Civil Code, the provisions of the Act on Electronic Service Provision, the Act on Consumer Rights and other relevant regulations in force in the territory of the Republic of Poland shall apply.
  3. The language of agreements concluded with the Store is Polish.
  4. The Store reserves the right to change these T&Cs for an important reason, such as: 

a)     the need to adapt the T&Cs to legal provisions which have a direct bearing on these T&Cs and which result in the need to modify the T&Cs in order to ensure compliance with the law;

b)     the need to adapt the T&Cs to recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of competent public authorities;

c)     extension or change of the functions of the Store, including introduction of new services provided electronically or change of the existing functions of the Store;

d)     change of technical conditions of provision of electronic services;

e)     need to remove any ambiguities, errors or mistakes that might have occurred in the T&Cs;

f)      changing the contact details, names, identification numbers, electronic addresses or links contained in the T&Cs;

g)     prevention of abuse;

h)     improving customer service;

i)      change in the process of concluding agreements through the Store

  1. The amended T&Cs shall be made available in the Store (also downloadable in PDF format). The Store will notify about changes in the T&Cs via a message in the Store on the home page and by sending a notification about the change of the T&Cs to the e-mail address assigned to the account (together with the attached T&Cs in PDF format).
  2. The amended T&Cs are binding for registered Customers who do not terminate the agreement for maintaining an account with the Store (do not cancel the account on the terms specified in these T&Cs) before the date of entry into force of the amended T&Cs. The date of entry into force of the amended T&Cs will be at least 7 days from the date of notification of the amendment to the T&Cs made in accordance with the provisions above.
  3. Change of the T&Cs will not affect orders placed before such a change, which shall be fulfilled according to the previously applicable rules.

 

 

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