Regulations

REGULATIONS OF THE ONLINE SHOP

1.

These Regulations define the general conditions, rules and manner of sale conducted by Zbigniew Zięba running a business under the name Przedsiębiorstwo Wielobranżowe ZiBA based in Sianów via the online shop www.ziba.pl (hereinafter: "Online Shop") and define the terms and conditions of providing by Zbigniew Zięba running a business under the name Przedsiębiorstwo Wielobranżowe ZiBA based in Sianów, free of charge electronic services.

§ 1 Definition

1.

Working days - means weekdays from Monday to Friday, excluding public holidays.

2.

Delivery - means the actual act of delivering to the Customer by the Seller, via the Supplier, of the Goods specified in the order.

3.

Supplier - means an entity with which the Seller cooperates in the field of delivering the Goods:

a)

courier company;

b)

4.

Password - means a sequence of letters, digitals or other signs selected by the Customer during registration in the Online Shop, used to secure access to the Customer Account in the Online Shop.

5.

Client - means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Regulations and the law.

6.

Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.

7.

Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and entered into a contract for the provision of the Customer Account Service.

8.

Login - means an individual Customer identification, determined by him, consisting of a string of letters, digits or other characters, required together with the Password to set up a Customer Account in the Online Shop. The login is the correct email address of the Customer.

9.

Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, the law grants legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.

10.

Regulations - means these regulations.

11.

Registration - means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Shop.

12.

Seller - means Zbigniew Zięba running a business under the name Przedsiębiorstwo Wielobranżowe ZiBA based in Sianów (76-004), Armii Polskiej Street 34/3, NIP: 6691701902, REGON: 330914173, entered into the Central Register and Information on Economic Activity conducted by the Minister of Economy ; e-mail: biuro@ziba.pl, which is also the owner of the Online Shop.

13.

Shop Website - means websites, under which the Seller runs the Online Shop, operating in the domain www.ziba.pl.

14.

Goods - means a product presented by the Seller via the Online Shop Website, which may be the subject of a Sales Agreement.

15.

Permanent media - means a material or tool enabling the Customer or the Seller to shop information personally addressed to him in a way that allows access to information in the future for a reasonable time for the purpose of this information, and which allows the stored information to be restored unchanged.

16.

Sale agreement - means a sales contract concluded at a distance, on terms specified in the Regulations, between the Customer and the Seller.

§ 2 General provisions and use of the Online Shop

1.

All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Shop Website, as well as to patterns, forms, logos posted on the Shop Website (except for logos and photos presented on the Website Shop for the purpose of presenting goods, to which copyright belongs to third parties) belong to the Seller, and the use of them can only be made in a manner specified and compliant with the Regulations and with the consent of the Seller expressed in writing.

2.

The Seller shall make every effort to ensure that the use of the Online Shop is possible for Internet users using all popular web browsers, operating systems, device types and internet connection types. The minimum technical requirements enabling the use of the Shop Website is a web browser at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an Internet connection bandwidth of at least 256 kbit / s. The Shop website is optimized for a minimum screen resolution of 1024x768 pixels.

3.

4.

In order to place an order in the Online Shop via the Online Shop Website or via e-mail and in order to use the services available on the Shop Website, it is necessary for the Customer to have an active e-mail account.

5.

In order to place an order in the Online Shop by phone, it is necessary for the Customer to have an active phone number and an active e-mail account.

6.

It is prohibited to provide the Customer with unlawful content and use by the Customer of the Online Shop, the Shop Website or free services provided by the Seller, in a manner contrary to the law, good practices or violating personal rights of third parties.

7.

The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The seller never asks the customer to provide him with any form of password.

§ 3 Registration

1.

In order to create a Customer Account, the Customer is obliged to make a free Registration.

2.

Registration is not necessary to place an order in the Online Shop.

3.

In order to register, the Customer should complete the registration form provided by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password.

4.

When filling out the registration form, the customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.

5.

During registration, the customer may voluntarily agree to the processing of his personal data for marketing purposes by checking the appropriate box of the registration form. In this case, the Seller clearly informs about the purpose of collecting personal data of the Customer, as well as about the known to the Seller or anticipated recipients of such data.

6.

The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may be sent, for example, to the Seller's address via e-mail.

7.

After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. With this moment, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains access to the Customer Account and changes made during the Registration of data.

§ 4 Orders

1.

The information contained on the Shop Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only the invitation of Clients to submit offers to conclude a Sales Agreement.

2.

The Customer may place orders in the Online Shop via the Online Shop Website or e-mail 7 days a week, 24 hours a day.

3.

4.

The Customer placing an order via the Online Shop Website completes the order by selecting the Goods he is interested in. Adding the Goods to the order is done by choosing the "ADD TO CART" command under the given Product presented on the Shop Website. After completing the entire order and indicating in the "BASKET" the method of Delivery and payment method, the Customer places the order by sending the order form to the Seller by selecting the "I BUY AND PAY" button on the Shop Website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Product and Delivery, as well as all additional costs which he is obliged to incur in connection with the Sale Agreement.

5.

The Customer placing an order via telephone uses the telephone number provided by the Seller on the Shop Website. The Customer places an order over the phone, giving the Seller the name of the Goods from among the Goods on the Shop Website and the quantity of the Goods he wants to order. Then, after completing the entire order, the Customer determines the method and address of the Delivery and the form of payment, as well as indicates, at his or her option, his e-mail address or mailing address to confirm the order. Each time when ordering by the Customer by phone, the Seller informs the Customer about the total price of selected Goods and the total cost of the chosen method of Delivery, as well as all additional costs that he is obliged to incur in connection with the Sale Agreement.

6.

After placing an order by the Customer via the telephone, the Seller will send on a Durable Medium, to the e-mail address or correspondence provided by the Customer containing the confirmation of the terms of the Contract of Sale. The confirmation includes in particular: identification of the Goods being the subject of the Contract of Sale, its price, the cost of Delivery and information about any other costs that the Customer is obliged to incur in connection with the Sale Agreement.

7.

The Customer placing an order via e-mail, sends it to the e-mail address provided by the Seller on the Shop Website. In the message sent to the Seller, the Customer shall provide in particular: the name of the Product, the color and its quantity, from the Goods presented on the Shop Website and its contact details.

8.

9.

Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude an Agreement for the sale of the Goods being the subject of the order.

10.

11.

12.

§ 5 Payments

1.

The prices on the Shop Website placed at the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sale Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.

2.

The customer can choose the following payment methods for ordered Goods:

a)

b)

bank transfer via the PayU external payment system, operated by PayU S.A. based in Poznań (in this case, the implementation of the order will commence after the Customer has sent the confirmation of the order and after the Seller receives information from the PayU system about the payment by the Customer);

c)

d)

bank transfer via an external payment system przelewy24.pl, operated by DialCom24 Sp. z o.o. based in Poznań (in this case, the implementation of the order will begin after sending the Customer confirmation of the order and after the Seller receives information from the przelewy24.pl system about the payment by the Customer);

e)

with a payment card operated by DialCom24 Sp. z o.o. based in Poznań (in this case, the implementation of the order will begin after sending the Customer confirmation of the order and after receiving from DialCom24 Sp. z o.o. information about the positive completion of the payment);

f)

bank transfer via an external payment system ecard.pl, operated by eCard S.A. based in Gdansk (in this case, the implementation of the order will begin after sending the Customer a confirmation of the order and after receiving by the Seller information from the ecard.pl system about the payment by the customer);

g)

cash on delivery, payment by the Supplier when making the Delivery (in this case, the implementation of the order will be commenced after the confirmation of the order is sent to the Customer by the Seller);

h)

in cash on personal collection - payment at the Seller's office (in this case, the order will be processed immediately after sending the confirmation of the order to the Customer by the Seller, and the Goods will be issued at the Seller's office).

3.

The Customer is always informed by the Seller on the Shop Website about the deadline in which he is obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.

4.

If the Customer fails to make the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make a payment and informs the Customer about it on a Durable medium. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiration of the second deadline for making the payment, the Seller will send the Customer a durable medium a statement of withdrawal from the contract pursuant to art. 491 of the Civil Code.

§ 6 Delivery

1.

The Seller realizes the Delivery on the territory of Europe.

2.

The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.

3.

The Seller places information on the number of Working Days needed for the Delivery and execution of the order on the Shop Website.

4.

The date of Delivery and execution of the order indicated on the Shop Website is calculated in Working Days in accordance with §5 para. 2 of the Regulations.

5.

The date of Delivery and execution of the order indicated on the Shop Website is counted in Working Days from the date of conclusion of the Contract of Sale in the event the Customer selects the "cash on delivery" payment option.

6.

The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.

7.

On the day of sending the Goods to the Customer (if the option of personally collecting the Goods has not been selected), the information confirming the delivery of the package by the Seller is forwarded to the email address of the Customer.

8.

The customer should examine the delivered parcel in time and in the manner accepted with parcels of a given type, in the presence of the Supplier's employee. In the event of a loss or damage to the shipment, the Customer has the right to demand from the Supplier's employee to draw up the proper protocol.

9.

The customer has the option of personal collection of the ordered Goods. The pick-up can be made at the Seller's office on Working Days, during the opening hours indicated on the Shop Website, after prior arrangement with the Seller of the pick-up date by e-mail or by phone.

10.

The Seller, in accordance with the will of the Customer, joins the parcel that is the subject of the Delivery, or a VAT invoice covering the Goods delivered.

11.

In the absence of the Customer at the address indicated by him, given when placing the order as the delivery address, the Supplier's employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Shop by the Supplier, the Seller will contact the Customer by e-mail or by phone, by specifying the date and cost of the Delivery with the Customer again.

§ 7 Warranty

1.

The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).

2.

If the Product has a defect, the Customer may:

a)

submit a statement about price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect.

This limitation does not apply if the product has already been replaced or repaired by the seller or the seller has not fulfilled the obligation to replace the good with a product free from defects or to remove defects. Instead of the defect proposed by the Seller, the Customer may request replacement of the Product free of defects, or instead of replacing the Product, demand removal of the defect unless it is impossible to bring things into conformity in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect is taken into account, and the inconvenience to which the Customer would otherwise expose himself is taken into account.

b)

demand of defective product with one free from defects or removal of defect. The seller is obliged toreplacement replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer.

The Seller may refuse to satisfy the Customer's request if it is impossible to bring the Defective Goods into compliance with the Agreement in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.

3.

The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.

4.

The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one that is free of defects expires after one year, but the date can not be completed before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration on the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods for one free of defects or removal of the defect, the deadline to withdraw from the Contract of Sale or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or remedying the defect.

§ 8 Complaints

1.

All complaints related to the Products or the implementation of the Contract of Sale may be directed by the Customer in writing to the Seller's address.

2.

The Seller within 14 days from the date of the request containing the complaint, will respond to the complaint of the Product or complaint related to the implementation of the Purchase Agreement notified by the Customer.

3.

The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address biuro@ziba.pl. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and give the Customer a reply.

§ 9 Guarantee

1.

Goods sold by the Seller may be covered by a guarantee granted by the producer of the good or the distributor.

2.

In the case of Goods covered by the guarantee, information regarding the existence and content of the guarantee is always presented on the Shop Website.

§ 10 Withdrawal from the Sales Agreement

1.

The Customer who is a Consumer who concluded the Sale Agreement may withdraw from it without giving reasons within 14 days.

2.

3.

In the event of withdrawal from the Contract of Sale, it is considered void.

4.

5.

The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract of Sale, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery of proof of the Goods return, depending on which event occurs first.

6.

7.

8.

In the event of withdrawal, the Customer who is a Consumer bears only the direct cost of returning the Goods.

9.

If, due to its nature, the Product can not be returned by normal mail, the Seller informs the Consumer about the cost of returning items on the Shop Website.

10.

The Consumer is liable for the decrease in 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 Good.

11.

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.

§ 11 Free services

1.

The Seller provides free electronic services to Clients:

a)

Contact form;

b)

Newsletter;

c)

d)

Running a Customer Account.

2.

The services indicated in § 11 para. 1 above are provided 7 days a week, 24 hours a day.

3.

The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned above, which will inform Clients in a manner appropriate to the change in the Regulations.

4.

The Contact Form service consists in sending a message to the Seller via the form placed on the Shop Website.

5.

Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller.

6.

The Newsletter service can be used by any customer who enters his e-mail address using a registration form made available by the Seller on the Shop Website. After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, confirmation by the Seller. At that moment, an agreement for the provision of the Newsletter service by electronic means is concluded.

The Customer may additionally during the Registration mark the appropriate field in the registration form in order to subscribe to the Newsletter service.

7.

Newsletter service consists in sending by the Seller, to the email address, an electronic message containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Clients who have subscribed.

8.

Each Newsletter addressed to the Clients concerned contains, in particular: information about the sender, a completed "subject" field, specifying the content of the shipment and information about the possibility and method of resignation from the free Newsletter service.

9.

The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each e-mail sent as part of the Newsletter service or by activating the relevant field in the Customer Account.

10.

11.

Resignation from a free service. Recommend to a friend, it is possible at any time and consists in ceasing to send commands of selected products to a client's friend.

12.

The Customer Account Service is available after registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel within the Online Shop Website, enabling the Customer to modify the data that he provided during Registration, as well as tracking the status of orders and order history.

13.

The Customer who has registered may submit a request to delete the Seller's Customer Account, however, if the Customer requests the Customer's account to be removed by the Seller, it may be deleted within 14 days of submitting the request.

14.

The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller or other Customers, violation of the law or the provisions of the Regulations by the Customer, and when blocking access to the Customer Account and free services is justified by security reasons - in particular: the Customer breaking the security of the Online Shop Website or other hacker activities. Blocking access to the Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.

§ 12 Protection of personal data

1.

The administrator of personal data of Customers provided to the Seller on a voluntary basis as part of the Registration, placing a single order and as part of the Seller's provision of services electronically or under other circumstances specified in the Regulations is the Seller.

2.

3.

The set of personal data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection.

4.

The Customer submits his personal data to the Seller voluntarily, with the reservation, however, that failure to provide certain data in the Registration process prevents registration and establishment of the Customer Account and prevents the submission and execution of the Customer's order in the event of placing an order without registering the Customer Account.

5.

Anyone who provides their personal data to the Seller has the right to access their content and to correct it.

6.

The Seller provides the opportunity to delete personal data from the collection, in particular in the event of deleting the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.

7.

The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use.

8.

The Seller transfers the personal data of the Supplier's Customer to the extent necessary to perform the Delivery.

9.

If the Customer selects a payment through the PayU system, his personal data is transferred to the extent necessary for the payment to PayU S.A. based in Poznań (60-166), at Grunwaldzka Street 182, entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under the number KRS 0000274399.

10.

If the Customer chooses a payment via the przelewy24.pl system, his personal data is transferred to the extent necessary for the payment of DialCom24 Sp. z o.o. based in Poznań (60-327 Poznań, Kanclerska Street 15t), entered in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under the number KRS 0000306513.

11.

In the event that the Customer selects the payment through the ecard.pl system, his personal data is transferred to the extent necessary for the execution of payments to eCard S.A. based in Gdańsk (80-387 Gdańsk, Arkońska Street 11), entered in the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Department of the National Court Register under the number KRS 0000042304.

§ 13 Termination of the contract (not applicable to Contracts of sale)

1.

Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to retaining the rights acquired by the other party prior to the termination of the above-mentioned. contract and provisions below.

2.

The Customer who has registered will terminate the contract for the provision of electronic services by sending to the Seller an appropriate declaration of intent, using any means of remote communication, allowing the Seller to read the statement of will of the Customer.

3.

The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate statement of will to the email address provided by the Customer during the Registration.

§ 14 Final Provisions

1.

The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.

2.

The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Shop Website.

3.

In the event of a dispute arising out of the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.

4.

Each customer can use non-judicial means of dealing with complaints and redress. In this regard, it is possible for the client to use mediation. Lists of permanent mediators and existing mediation centers are transmitted and made available by the Presidents of the relevant District Courts. The Customer who is a Consumer may also use non-judicial means of dealing with complaints and pursuing claims by submitting his complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/

5.

The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which was in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Shop Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations on amendments to the Regulations by means of a message sent by e-mail containing a reference to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he / she is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of § 13 of the Regulations.

6.

The Regulations enter into force on December 25, 2014.

Update 05.11.2020