ONLINE STORE TERMS AND CONDITIONS
valid from November 27, 2017.
The zanabymama.pl online store is run by Zana by Mama Marek Buczkiewicz, ul. Świętopełka 5/6 lok. 22 in Szczecin, NIP: 8581403004
§ 1. Definitions
1. Customer - a natural person with full legal capacity, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Online Store;
2. Zana by Mama - Zana by Mama Marek Buczkiewicz, ul. Świętopełka 5/6 lok. 22 in Szczecin, NIP: 8581403004
3. Online Store - a website available at www.zanabymama.pl through which the Customer may place Orders;
4. Regulations - these Regulations for the provision of electronic services for customers of the online store;
5. Goods - products or services that can be purchased in the Online Store;
6. Order - Customer's declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
7. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between Zana by Mama Izabela Buczkiewicz and the Customer, concluded using the website of the Online Store;
8. Cart - functionality of the Online Store www.zanabymama.pl, in which the Goods selected by the Customer for purchase are visible and enabling the Customer to determine and modify the Order data;
9. Individual Customer Account - functionality of the Online Store www.zanabymama.pl, giving the opportunity to make purchases without re-entering the Customer's identification data.
10. Civil Code - the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
11. Act on consumer rights - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827);
12. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
§ 2. General provisions
1. These Regulations define the rules for using the Online Store and are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
2. These Regulations specify in particular:
a.rules for registering and using an individual Customer account as part of the Online Store;
b. terms and conditions for submitting Orders via the Online Store;
c. the rules for concluding Sales Agreements with the use of services provided as part of the Online Store.
3. Agreements via the Online Store may be concluded by natural persons with full legal capacity, legal persons and organizational units without legal personality to which the law grants legal capacity.
4. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
5. Information about the price provided on the website www.zanabymama.pl is binding from the moment the Customer receives an e-mail containing the final confirmation of all essential elements of the Order.
6. The Online Store undertakes to deliver all purchased goods in a form free from defects, within which it is subject to legal responsibility for the quality of the service.
§ 3. Rules for using the Online Store
1. Viewing the Products of the Online Store is possible without logging in, however, making purchases requires the registration of the Customer's individual Customer account.
4. Each order of Goods on the Website is tantamount to acceptance of the terms of the provision of the Service, contained in the document or documents (in the form of Regulations and others) describing the rules for the provision of sales by the Online Store. The current content of these documents is publicly available on the website of the Online Store www.zanabymama.pl.
5. In order to register in the Online Store www.zanabymama.pl, complete the registration form, providing your name, e-mail address and password, accept these Regulations and consent to the processing of the Customer's personal data to the extent necessary to complete the Order.
6. Registration in the Online Store and using its functionalities are free of charge.
7. After registering in the Online Store, each login is carried out using the data provided in the registration form.
8. The Customer undertakes to keep secret the unique login and password given during registration and not to disclose it to third parties. In the event of a suspicion that the knowledge about the content of the login and password could be acquired by a third party, the Customer is obliged to change the password and notify about this fact immediately. Online Store www.zanabymama.pl
9. All Goods ordered after logging in by the Customer with a unique login and password shall be considered as ordered by the Customer.
10. The Customer may not evade any responsibility towards the Online Store www.zanabymama.pl (including payment) in the event that the Order is made with the use of a unique login and password assigned to the Customer.
11. In order to deregister from the Online Store www.zanabymama.pl, send an e-mail with a request to deregister to the address email@example.com
12. Zana By Mama may deprive the Customer of the right to use the Online Store, and may limit his access to some or all of the Online Store's resources, with immediate effect, in the event of a breach of the Regulations by the Customer, in particular when the Customer operates within the Online Store in a manner that violates generally applicable law, the rights and personal rights of third parties, the principles of social coexistence or the provisions of these Regulations, and also when the Customer has not picked up the ordered Goods at least twice.
13. A person who has been deprived of the right to use the Online Store will not re-register without the prior consent of the store.
§ 4. Procedure for concluding a Sales Agreement
1. In order to conclude a Sales Agreement via the Online Store, you must first register on the website www.zanabymama.pl, log in, and then select the Goods, taking further technical steps based on the messages displayed to the Customer and information available on the website.
2. The selection of the Goods ordered by the Customer is made by adding them to the Cart or removing them from the Cart.
3. The order is processed on condition that the Goods are available in the warehouse of the Online Store. If the Goods are not available, an appropriate message will be displayed on the website.
4. When placing the Order - until the "Pay" button is pressed - the Customer may modify the entered data in the selection of the Goods. To do this, follow the displayed messages and information available on the website.
5. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed.
6. The summary of the placed Order will contain information on: a. Ordered Goods, b. unit and total price of the ordered Goods, c. chosen delivery method, d. delivery costs, e. selected payment method, f. selected delivery address.
7. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with the Store, in accordance with the Regulations.
8. After placing the Order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order.
9. The contract is treated as concluded at the moment the Customer receives the e-mail referred to in paragraph 8 of this paragraph.
§ 5. The method and terms of delivery of the Goods
1. The delivery of the Goods is limited to the area of the European Union and EEA countries and takes place at the address indicated by the Customer when placing the Order.
2. Delivery of goods ordered in the online store www.zanabymama.pl is carried out through:
a. Courier - DPD
b. Courier - UPS
c. Polish Post
3. The delivery is carried out in accordance with the regulations of DPD, UPS and Poczta Polska services and on the terms indicated therein.
§ 6. Prices and payment methods
1. The prices of the Goods are given in Polish zlotys and include all components, including VAT (including the rate) and all other components.
2. Payment methods: - traditional transfer - quick Pay-u transfer
3. Details for the transfer: Zana by Mama Marek Buczkiewicz, ul. Świętopełka 5/6 lok. 22, 70-210 Szczecin Account number: PL 62 1050 1559 1000 0092 4968 2262 SWIFT: INGBPLPW An order not paid within 7 days will be canceled.
§ 7. The right to withdraw from the contract
1.Every customer who is a consumer within the meaning of Art. 221 of the Civil Code and the user of the Online Store has the right to withdraw from the contract within a period not exceeding 14 days from the date of delivery of the purchased Goods, without giving any reason, in accordance with art. 27 of the Act on consumer rights. The provision does not apply to individual orders that are not returnable. The following are subject to individual orders: hand-quilted poufs, mattresses, bedspreads, bed sheets and personalized pillows (with embroidery), and any changes in size, application, color.
2. The deadline referred to above is met in the case of sending the statement by post to the address of the Online Store disclosed above in the regulations.
3. The declaration of withdrawal must be submitted in the form of an e-mail sent to firstname.lastname@example.org .. The consumer should use the template of the return form attached to the contract. In the event of withdrawal from this contract, the Online Store will return the payments received from the Consumer, with the exception of shipping costs already incurred, within 14 days from the date on which the Online Store received the parcel with the return of the order. If the consumer purchases over PLN 500 or as part of a promotion where shipping is free but decides to return the order, shipping costs incurred by the store will be deducted. The reimbursement will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution; in any case, the Consumer will not incur any fees in connection with this return.
4. Cash on delivery returns are not accepted.
5. The returned goods should be packed in an appropriate manner, ensuring no damage to the parcel during transport, and above all, it must not bear traces of use of the Goods.
§ 8. Complaints
1. Complaints arising from the violation of the Customer's rights, as well as related to the functioning of the Online Store, should be sent to the following address: Zana by Mama Marek Buczkiewicz, ul. Świętopełka 5/6 room 22, 70-210 Szczecin. Zana by Mama undertakes to consider each complaint within 14 days, and if it was not possible, to inform the customer within this period, when the complaint will be considered.
2. The right to pursue claims arising from the Order in court proceedings is granted to the Customer after exhausting the complaint procedure.
3. The complaint will be dealt with in accordance with the generally applicable provisions of civil law regarding the warranty.
§ 9. Out-of-court dispute resolution
1. The Online Store does not participate in the out-of-court resolution of consumer disputes system, introduced by the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§ 10. Final provisions
1. Settlement of any disputes arising between Zana by Mama and the Customer who is a consumer within the meaning of Art. 221 of the Civil Code, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between Zana by Mama and the Customer who is not a consumer within the meaning of Art. 221 of the Civil Code, is subject to the court having jurisdiction over the seat of Zana by Mama.
4. In matters not covered by these Regulations, the provisions of the Polish Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.
Data storage and processing The data of our clients are placed on the website only after their consent. We do not require providing personal data when registering on the website. In the event that a potential customer enters their data to receive information from us, they will only be used for internal purposes and will not be sold or shared with third parties, except as described below. Personal data will not be sold, rented or shared with others through this website. Agreements concluded with third parties, service providers and representatives concern the delivery of finished products, services and solutions. Suppliers and service providers are obliged to treat the data received through our website as confidential and are not authorized to use it for any purpose other than to perform the service requested by us. Zana by Mama will not disclose personal data to third parties without the consent of customers, unless it results from legal coercive measures, subpoena or Polish law. Zana by Mama will also be required to disclose information to lenders to secure financing. Zana by Mama may merge with other businesses, be acquired by another business entity, and some or all of its assets may be acquired. In either of these situations, your personal data will be the business assets that will be sold during the transaction.
Zana by Mama uses appropriate physical and management procedures to protect the collected data from illegal access and disclosure, and to maintain the correct use of the data and to ensure that it is properly processed.
How do we contact?
If we receive a request for information, we contact you by e-mail, traditional mail or by phone. The customer can delete his data from the contact list at any time.
Links to other websites
1. The website does not automatically collect any information, except for information contained in cookies.
2. Cookie files (so-called "cookies") are IT data, in particular text files, which are stored on the Website User's end device and are intended for use with the Website's pages. Cookies usually contain the name of the website they come from, the storage time on the end device and a unique number.
3. The entity that places cookies on the Website User's end device and obtains access to them is the operator of the Website Zana by Mama Marek Buczkiewicz, ul. Świętopełka 5-6 lok. 22 in Szczecin. 4. Cookies are used for the following purposes:
a) adjusting the content of the Website pages to the User's preferences and optimizing the use of websites; in particular, these files allow to recognize the device of the Website User and properly display the website, tailored to his individual needs;
b) creating statistics that help to understand how Website Users use websites, which allows improving their structure and content;
c) maintaining the Website User's session (after logging in), thanks to which the User does not have to re-enter the login and password on each subpage of the Website;
5. The Website uses two basic types of cookies: session cookies and persistent cookies. Session cookies are temporary files that are stored on the User's end device until logging out, leaving the website or turning off the software (web browser). Persistent cookies are stored on the User's end device for the time specified in the cookie file parameters or until they are deleted by the User.
6. The Website uses the following types of cookies:
a) "necessary" cookies, enabling the use of services available on the Website, eg authentication cookies used for services that require authentication on the Website;
b) cookies used to ensure security, e.g. used to detect fraud in the field of authentication on the Website;
c) "performance" cookies, enabling the collection of information on the use of the website pages;
d) "functional" cookies, enabling "remembering" the settings selected by the User and personalization of the User's interface, eg in terms of the selected language or region of the User, font size, website appearance, etc .;
e) "advertising" cookies, enabling the delivery of advertising content to Users more tailored to their interests.
7. In many cases, the software used for browsing websites (web browser) allows cookies to be stored on the User's end device by default. The Website Users can change their cookie settings at any time. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the web browser settings or to inform about their every posting on the Website User's device. Detailed information on the possibilities and methods of handling cookies is available in the software (web browser) settings.
9. Cookies placed on the Website User's end device may also be used by advertisers and partners cooperating with the Website operator.
10. More information on cookies is available at http://wszystkoociasteczkach.pl