Shopping in the Online Store www.zapper.pl – Consumer Rights.
The provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer.
In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied.
Point 1
GENERAL PROVISIONS
Online shop www.zapper.pl is run by INSOJU MARZENA SCHINDLER based in Piotrków Trybunalski (address of the registered office and address for service: ul. Stokrotek 5 ; 97-300 Piotrków Trybunalski, POLAND); NIP: 7712231805.
These Regulations are aimed at both consumers and entrepreneurs using the Online Store (except for point 7 of the Regulations, which is intended only for entrepreneurs).
The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed solely for the purpose of processing the order. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
Definitions:
WORKING DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE STORE – the Service Provider’s online store available at the Internet address: www.zapper.pl .
DEALER; SERVICE PROVIDER – Business INSOJU MARZENA SCHINDLER based in Piotrków Trybunalski (address of the registered office and address for deliveries: ul. Stokrotek 5 ; 97-300 Piotrków Trybunalski, POLAND); NIP: 7712231805.
SALES AGREEMENT – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended)
ORDER – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
Point 2
CONDITIONS FOR CONCLUDING A SALE AGREEMENT
The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – the Customer is informed about the obligation to pay them. on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
After the Order has been correctly placed by the Customer, the Seller sends the confirmation of the order to the Customer’s email address.
Then, the Seller verifies whether the Order can be accepted for execution and, if necessary, sends an appropriate message (e.g. refusal to accept the Order for execution).
Point 3
METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
The Seller provides the Customer with the following payment methods under the Sales Agreement:
Payment in cash on delivery upon delivery.
Payment by bank transfer to the Seller’s bank account
mBank SA 13 1140 2004 0000 3602 7864 0289
Payment by PayPal under the conditions specified www.paypal.com/
Payment deadline:
If the Customer chooses to pay by bank transfer, PayPal, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
If the Customer chooses to pay in cash on delivery, the Customer is obliged to make the payment on delivery.
Point 4
COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
Product delivery is available in the territory of the Republic of Poland and in the countries available when choosing the shipment. It is possible to add a country that is missing for shipping by customer request.
Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the “Shipping costs” section and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
The Seller provides the Customer with the following methods of delivery or collection of the Product, unless the Sales Agreement provides otherwise:
Postal shipment,
Postal shipment Cash on delivery package only in Poland,
Courier delivery,
Courier Cash on delivery only in Poland.
The date of shipment of the Product is specified in the description of the Product or when placing the Order. In the case of Products with different shipping dates, the shipping date is the longest given date.
If the Customer chooses the method of payment by bank transfer, PayPal, the shipping date is counted from the date of crediting the Seller’s bank account or settlement account.
If the Customer chooses the method of payment in cash on delivery, the shipment date is counted from the date of the Sale Agreement.
Point 5
PRODUCT COMPLAINT
If the product has a physical or legal defect (warranty), they are defined by generally applicable laws, in particular in the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller’s liability to the Customer who is a natural person who purchases the Product for purposes not related to professional or business activity, due to the Product’s non-compliance with the Sales Agreement, are defined by generally applicable law, in particular the Act of July 27, 2002 on special terms of consumer sale and amending the Civil Code (Journal of Laws 2002, No. 141, item 1176, as amended).
The Seller is obliged to provide the Customer with a Product without defects. 6.3. The complaint may be submitted by the customer, for example:
– in electronic form (e-mail) via e-mail to the following address: zamowiena@zapper.com.pl
– in writing to the address: ul. Stokrotek 5 , 97-300 Piotrków Trybunalski, Poland;
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
The customer who exercises the rights under the warranty is obliged to deliver the defective Product at the expense of the Seller to the following address: ul. Stokrotek 5; 97-300 Piotrków Trybunalski, POLAND.
Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection : http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.
The customer who is a consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
The customer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are specified in the ordinance of the Minister of Justice of September 25, 2001 on the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).
The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection.
The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumers’ Federation at the email address bilety@dlakonsumentow.pl and by the Association of Polish Consumers at the toll-free consumer hotline number 800 889 866.
Point 6
WITHDRAWAL FROM THE CONTRACT
A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified below:
Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
The consumer bears the direct costs of returning the Product
To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
– in writing to the address: ul. Stokrotek 5, 97-300 Piotrków Trybunalski, POLAND
– in electronic form via e-mail to the following address: zamowienia@zapper.com.pl;
An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available as an attachment to the Regulations. The consumer may use the form template, but it is not obligatory.
The period for withdrawal from the contract begins:
– for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products;
– for other contracts – from the date of the contract.
In the event of withdrawal from a distance contract, the contract is considered void.
The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of his return, depending on which event occurs first.
The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product on ul.Stokrotek 5 ; 97-300 Piotrków Trybunalski, POLAND.
The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
(1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations on the market over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to visit him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content that is not stored on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
Point 7
PROVISIONS CONCERNING ENTREPRENEURS
This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.
In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
Upon the release of the Product by the Seller to the carrier, the Seller shall not be liable for delay in transporting the shipment.
If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the liability of the carrier.
According to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Customer an appropriate statement.
The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Agreement. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service User / Customer who is not a consumer.
Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
Point 8
FINAL PROVISIONS
Agreements concluded via the Online Store are concluded in Polish, English, Russian and German.
Changing the Regulations:
The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000 No. 22, item 271 with as amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.
Appendix No. 1 – Model withdrawal form