The e-shop – zagano.com belongs to the company ADAMAR Adam Lipski, address: 37-100 Łańcut ul. 29 Listopada 1, NIP 815-000-03-07, REGON: 690030713, UE VAT ID: PL8150000307. The terms used in the foregoing have the following meaning: a) Personal data – any information related to the natural person that has been identified or is possible to be identified; b) Working days – all the weekdays from Monday to Friday, excluding public holidays, defined in the Act of 18th January 1951 on the Days Free from Work (Journal of Laws 1951.4.28 with later amendments); c) Registration form – the form available in the e-shop with the help of which the Customer can create his own account giving his personal data in order to make the purchase of the Products; d) K.C. - The Act of 23rd April 1964 Civil Code (Journal of Laws 1964.16.93 with later amendments); e) Customer – a natural person that purchases Products on www.zagano.com that are not directly related to his economic or professional activity; f) Consumer – a natural person that performs a legal act that is not directly related to his economic or professional activity, pursuant to the provisions of art. 221 C.C.; g) Account – an individual account of a Customer created after the registration with the help of which he can place orders in the e-shop; h) Terms and Conditions – the Terms and Conditions of shopping via the e-shop; j) Seller - Adamar Adam Lipski ul. 29 Listopada 1, 37-100 Łańcut, NIP: 815-000-03-07, REGON: 690030713; k) the e-shop – the shop operating under the address www.zagano.com, hereinafter referred to as Shop; l) Parties – the Seller and a Customer; m) Products – movable property offered by the Seller for the retail sale via the Shop; n) Contract – the contract of the sale of Products offered by the Seller that is concluded without the Parties being present, via the Shop; o) Order – the declaration of will of the Customer that aims at concluding the Contract of sale specifying – in particular – the type, number and price of the Products.
These Terms and Conditions are drafted for the consumers that use the e-shop and they set forth the principles of making purchases via the Shop.
Pursuant to art. 8, item 3, point 2b) of the Act on Providing Services by Electronic Means the Customer is forbidden to provide the illegal contents.
The information on the Products given on the websites of the e-shop, in particular, their descriptions, technical and usage parameters, as well as the prices constitute the invitation to conclude the contract, in line with the provisions of art. 71 K.C.
§ 2 The principles of making purchases via the e-shop
In order to start using the Shop it is necessary to conduct the relevant registration.
The customer registration is free of charge.
In order to conduct the registration it is necessary to complete the registration form available on the website of the Shop.
The registration form includes fields which are to be obligatorily completed and those which are not obligatory*.
In the registration form the Customer gives his personal data, as necessary to create the Account and complete the Order.
In order to conduct the registration satisfactorily the Customer must to accept the Terms and Conditions.
When conducting the registration and creating the Account, the Customer may also agree to having other trade and marketing-related information sent by the Seller via the electronic means. In order to do this the Customer is clicks the icon - 'I agree to having the trade and marketing-related information sent via the electronic means, as set forth in art. 10, item 2 of the Act of 18th July 2002 on Providing Services by Electronic Means (Journal of Laws 2002.144.1204, with later amendments) to the e-mail address given by me below.' In case the above mentioned icon has not been clicked, the said information will not be sent to the Customer.
The Customer may also agree to have his personal data processed by the Seller for the marketing purposes and this is done by clicking the icon - ' I agree to to have my personal data processed by the Seller for the marketing purposes.'
After having completed and sent the registration form by the Customer, the Seller sends the confirmation of having conducted the registration and having created the Account to the address given by the Customer. From this moment the Customer may make purchases via the Shop with the use of his own Account without the necessity to register again.
§ 3 The procedure of concluding the sale Contract
In order to conclude the sale contract via the Shop after having logged in one's own Account, the Customer should select the Products, the quantities and size.
By clicking the icon 'Buy now' the Customer accepts the selected Products as to their price and description. Then, the Customer conducts other technical activities (among others, he selects the place of delivery and the form of payment) on the basis of the messages displayed to him and the information available on the website.
The choice of the Products ordered by the Customer is made by adding them to the Basket.
During the process of placing the Order – up to the moment the icon 'I order' is clicked – the Customer has the right to introduce modifications as regards the choice of the Products. In order to do this, the Customer should follow the messages displayed and the information available on the website.
By clicking the icon 'I order' the Customer accepts the selected Products in line with their description and price, the form of delivery and the form of payment and he declares the will to purchase them, pursuant to the provisions of the Terms and Conditions.
The price given next to each Product becomes binding for both the Parties at the moment of placing the Order. This price will not be changed irrespective of the changes in the prices on the e-shop which may be introduced in relation to the individual Products after placing the Order by the Customer.
The Seller immediately confirms receiving the Order and sends the number of the Order to the e-mail address of the Customer. Once the Customer receives the confirmation of the receipt of the Order and its number, the sale Contract between the Parties becomes concluded.
The Seller confirms sending the Products to the Customer by sending to the e-mail address the proper information together with the number of the consignment note, unless the receipt is to be made in person.
In case of the receipt of the Product in person the Seller confirms the preparation of the Order to be received by sending the information to the e-mail address of the Customer.
In case it is impossible for the Seller to complete the Order because the Product is not available, the Seller immediately – not later that within 30 days from the day on which the Contract was concluded – informs the Customer that the Order cannot be completed. In case the payment was made before the Products were delivered, the Seller returns the money to the Customer.
§ 4 Payment, prices
All the prices of the Products that are placed on the websites of the s-shop: a) are given in PLN, b) include the VAT; c) do not include the costs of delivery;
The payment for the Products may be made in the following way: a) by fast and safe bank transfer in the PayU system, b) by credit card in the safe system of PayU electronic payments, c) by the payment upon delivery, that is the option 'upon delivery', d) by advance payment – by transfer to the bank account of the Seller,
The payment via the bank transfer should be made to the bank account of the Seller" a) mBank : 16 1140 2017 0000 4602 0494 7554 b) PKO BP : 04 1020 4391 0000 6102 0086 6624
§ 5 Delivery of the Products
The delivery of the Products is made to the address given by the Customer during the placement of the Order.
The Seller completes the delivery of the Products via the courrier.
The Ordering Party can collect the Products in person at the seat of the Seller.
The cost of the delivery is shown while the Order is being placed and it is dependent on the selected way of delivery and the form of payment.
The cost of delivery outside the borders of the Republic of Poland is established on an individual basis with each Customer, via e-mail of the Parties.
The Seller delivers the Products to the Customer together with the document confirming the sale in the form of an invoice.
The date of delivery of the Products to the Customer, with the reservation of the point 8 and 9 is:a) up to 10 working days, counting from the day of concluding the Contract in case the option – payment upon delivery- is selected,b) up to 5 working days, counting from the day the bank account of the Seller is credited, in case the option – payment in the form of advance payment – is selected.
The delivery dates defined in point 7 do not refer to the Products with different delivery date. These Products have delivery dates as specified in general.
The delivery dates specified in point 7 do not relate to the Products delivered outside the Republic of Poland. In such case the delivery date is established individually with the Customer.
§ 6 Withdrawal from the Contract
The Customer who concluded the distance contract may withdraw from the contract without stating the reason by making the proper declaration in writing within 14-day period, counting from the day the products covered by the contract are received.
In order to withdraw from the Contract the Customer may use the declaration of withdrawal (Attachment no. 1 to the Terms and Conditions). The template of this document may be downloaded using the reference link in this section.
The declaration mentioned in point 2, paragraph 6 should be sent to the address Adamar, ul.29 Listopada 1, 37-100 Łańcut or by electronic means to the address: firstname.lastname@example.org.
The 14-day period mentioned in point 1 is counted from the day on which the products are released and when the contract refers to providing services – from the day it is concluded.
In order to keep the period mentioned in point 1 you should send the declaration before the end of the term.
In case of withdrawal from the contract the contract is not considered to be concluded and the Customer is free from any obligations. Whatever the Parties gave furnished is to be returned in an unchanged condition, unless the change was necessary within the limits of the ordinary management. The return should be made immediately after, not later than within 14 days.
The Customer does not have the right to withdraw from the distance contract in the following cases: a) provision of the services was started with the consent of the consumer before the end of the term mentioned in art. 7, item 1 of the Act of 2nd March 2000 on the Protection of Specific Consumer Rights and on the Liability for the Damage Made by the Dangerous Product; b) provision of the services related to the audio- and visual recording and saved on the IT data carriers after their original packaging was removed by the consumer; c) contracts related to the services for which the price or remuneration depends exclusively on the changes of the prices on the financial market; d) services having the features defined by the consumer in the Order placed by him or closely related to him; e) services which – in view of their nature – may be returned or whose object may get spoilt; f) press delivery; g) services related to the gambling games;
The Products returned by the Customer should be packed in the way that protects them from being damaged during the transport.
§ 7 Complaint on the non-conformity of Products with the Contract
In case of the Customers who are consumers the Seller is liable for the non-conformity of the Products with the contract, pursuant to the provisions of the Act on the specific conditions related to the consumer sale and the amendments of the Civil Code.
In case the claim is made that the consumption Products do not conform with the contract, the Customer may demand making it conform with the specification included in the contract by repair that is free of charge or by replacement of the Product for the new one, unless the repair or replacement are impossible or require excessive costs.
If the Customer – on the grounds of the reasons specified in point 2 – cannot demand the repair or replacement or if the Seller cannot satisfy such claim in the reasonable time or if the repair or replacement is uncomfortable for the Customer, he has the right to demand proportionate decrease of the price or to withdraw from the contract, with the reservation that the Customer cannot withdraw from the contract if the non-conformity of the consumption Product with the contract is insignificant. When specifying the proper time of repair or replacement the type of the products and the purpose of its purchase are taken into consideration.
The notification about the non-conformity of the products with the Contract and the demand mentioned in point 2 may be made, among others, in writing and sent to the address ul. 29 Listopada 1, 37-100 Łańcut, or by electronic means – to the address: email@example.com.
In order to make the demand, the Customer may use the template of the complaint form (Attachment no. 2 to the Terms and Conditions). The said form may be downloaded by clicking the reference link in this section.
The Seller responds to the Customer's demand not later than within 14 days and sends the reply to the address given by the Customer, unless the Customer specifies another way of sending the reply.
If the Seller does not respond the Customer's demand within 14 days it is assumed that the Seller considers it as justified.
§ 8 Complaints related to the services provided by electronic means
The customer can make complaints related to the functioning of the e-shop by electronic means to the address: firstname.lastname@example.org.
The complaint should include: the name and surname of the Customer, the correspondence address, the type of the problem related to the functioning of the Shop and the time when it has been identified.
The Seller is obliged to respond to each complaint within 14 days, sending the reply to the address given by the Customer, unless the Customer specifies another way of sending the reply.
§ 10 Protection of personal data
Pursuant to the provisions of the Act on the Protection of Personal Data the Seller is the Administrator of the personal data.
In line with the obligation set forth in art. 26 of the Act on the Protection of the Personal Data the Administrator of the data who processes the data with due diligence in order to protect the interest of the person to whom the data refer – in particular – the Administrator is obliged to assure that the data: a) are processed in line with the legal provisions, b) are collected for specific purposes that are in line with the law and they are not processed further in a way that is not in compliance with these purposes, c) are substantively correct and adequate, as regards the purposes for which they are processed, d) are stored in the form that enables the identification of the persons to whom they relate and for the period that is not longer than it is necessary to achieve the purpose of the data processing.
Pursuant to art. 40 of the Act on the Protection of the Personal Data, the Administrator of the personal data mentioned in the point 1 is obliged to report the data necessary for the registration to the General Inspector, excluding cases mentioned in art. 43, item 1 of the Act on the Protection of Personal Data.
The personal data given by the Customer are used: i) to establish and perform a contractual relation between the Parties, which consists in providing services via the e-shop, ii) to conclude and perform the provisions of the Contract of sale of Products, iii) their delivery to the Customer, iv) and – should it be necessary – to start any activities before the contract is concluded upon the request of the person to whom the data refer. Furthermore, the personal data are used in the direct marketing of the products or services that are owned by the Administrator of the data.
The data of the Customer are also collected in order to send the trade and marketing-related information by electronic means in line with the provisions of art. 10, item 2 of the Act of 18th July 2002 on Providing Services by Electronic Means (Journal of Laws 2002.144.1204 with later amendments), after prior consent of the Customer.
The data of the Customer are used by the Seller for the marketing purposes after prior consent of the Customer.
The data of the Customer are made available to other entities, such as: a) courrier, in case of the Customers who use the services of the Products delivery. Then the Administrator forwards the personal data of the Customers in the scope that is necessary to make the delivery.
Pursuant to art. 24, item 1, point 3 of the Act on the Protection of Personal Data, the Customer has the access to his own data and he can introduce some changes into these.
In case the data are processed for the purposes of the direct marketing of the Administrator's own products or services of the data the person to whom the data relate also has the right to lodge a justified demand to stop processing his data in view of the specific situation and also to lodge the objection to process his data.
In order to perform the rights mentioned in point 8 and 9 the Customer can use the option available on his Account or send an e-mail to the address: email@example.com
Each person has the right to control the data processing which relate to him and are included in data collections. In particular the Customer has the right: to demand the data completion, updating, correction, temporary or permanent stop of the data processing or their removal, if they are incomplete, not current, untrue, if they were collected illegally or if they are no longer necessary to achieve the purpose for which they were collected.
The provision of the personal data by the Customer is optional, with the reservation that not submitting the data that are necessary to conclude the Contract of sale or the contract for providing services by electronic means, that is when the data specified on the website of the e-shop makes it impossible to conclude the Contract.
The Administrator of the data uses the technical and organisational means that assure the protection of the personal data processing and are proper in view of the dangers and the category of personal data covered by the protection, in particular he makes sure that the data are not made available to the illegitimate persons, are not taken by an illegitimate person, changed, lost, damaged or destroyed.
In order to prevent the acquisition and modification of the data sent by electronic means by illegitimate persons the Seller gives access to the following technical means: access to the account exclusively after entering the proper log-in and password.
The Customer is obliged to protect the log-in and the password which he uses in the e-shop.
§ 11 Final provisions
The contracts concluded via the Shop are concluded in line with the Polish law and in the Polish language.
The Parties are obliged to make any efforts to solve all the disputes in an amicable way. If the dispute is not solved in an amicable way, it will be adjudicated by the common court that is competent for the seat of the Seller.
The Customers can get hold of the Terms and Conditions any time with the use of the reference link on the website www.zagano.com . Moreover, the Terms and Conditions are available at the seat of the Seller, that is under the address: ul. 29 Listopada 1, 37-100 Łańcut.
The Seller has the right to introduce changes to the Terms and Conditions, there being important reasons for it:, that is the change of the address data of the Seller, the change of the business name of the company, the changes of the form of payment and delivery conditions, the change of the costs of delivery, the introduction of the new services, the change of the legal provisions. The changes are introduced in the scope they influence the performance of the provisions included therein.
The Customer is informed about the changes to the Terms and Conditions that are planned 30 days in advance, which enables him to get acquainted with the changes and make the decision as regards their acceptance or lack of acceptance. This is done by sending to him an e-mail stating the scope of the changes and by placing the contents of the Terms and Conditions on the website of the Shop.
The changes to the Terms and Conditions are binding for the Customer if he has been properly informed about them and he did not terminate the contract for providing permanent Electronic Services during the period of 14 days, counting from the day on which the Customer has received the information about the changes that are planned.
In case of changes introduced to the Terms and Conditions the Order placed before the date of the introduction of these Terms and Conditions will be completed on the basis of the principles that were binding before the introduction of these changes.
Attachments 1 and 2 constitute an integral part to the Terms and Conditions.
In cases not regulated by the provisions of the Terms and Conditions the following are applicable: a) Act of 23rd April 1964 Civil Code (Journal of Laws 1964.16.93 with later amendments); b) Act of 27th July 2002 on the Specific Conditions of the Consumer Sale and the amendments of the Civil Code (Journal of Laws 2002.141.1176 with later amendments); c) Act of 2nd March 2000 on the Protection of Specific Consumer Rights and on the Liability for the Damage Made by the Dangerous Product (Journal of Laws 2012 item 1225 with later amendments); d) Act of 18th July 2002 on Providing Services by Electronic Means (Journal of Laws 2002.144.1204 with later amendments); e) Act of 29th August 1997 on the Protection of Personal Data (Journal of Laws 2002 No. 101 item 926 with later amendments).
The latest updating of the Terms and Conditions - 15th December 2014.
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