Terms and Conditions of the online store ZYGA DESIGN

First, our full registry data as the administrator of the store and seller: 

Art Ceramika Marek Zyga with the taxpayer identification number NIP 6120007634, Otok 1K, 59-700 Bolesławiec.

Below you will find terms and conditions including information on the manner of placing an order leading to the conclusion of a contract, details regarding the realization of a concluded contract, forms of shipping and payment available in the store, withdrawal of the contract procedure or complaint procedure. 

Should you have any questions, remarks or reservations, we are at your disposal at the address info@zygadesign.com

§ 1

Definitions

For the sake of these terms and conditions, the below definitions are accepted:

Buyer – a natural person, a legal person or a legal entity,

Consumer – a natural person concluding a sales contract with the Buyer, whilst this contract is not directly related to the business nor professional  activity of this person; The Consumer is also the Buyer,

POCK – a natural person concluding a contract with the Seller, which is directly related to the business activity of this person, when the contract stipulates that it does not have a professional character for this person, in particular one resulting from the scope of this person's business activity, made available basing on the Central Electronic Register and Information on Economic Activity regulations; POCK is also the Buyer,

Terms and conditions – these terms and conditions, available at https://zygadesign.com/terms,

Store – the online store at the address https://zygadesign.com,

Seller – Art Ceramika Marek Zyga, Otok 1K, 59-700 Bolesławiec.

§ 2

Preliminary provisions

The Seller conducts electronic sales via the Store, at the same time providing online services to the Buyers. Using the Store, the Buyer may purchase products visible on the websites of the Store. 

The Terms and conditions specify rules and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyers.

In order to use the Store, in particular including making a purchase at the Store, it is not mandatory to meet special technical requirements by the computer or other device of the Buyer. The following conditions suffice:  

• Internet access,
• a standard operating system,
• a standard internet browser,
• an active e-mail account.

The Buyer may not make a purchase at the Store anonymously nor using an alias. 

While using the Store, it is forbidden to provide illegal content, particularly including sending such content using the forms available at the Store. 

All prices available on the websites of the Store are gross prices.

§ 3

Electronic services

The Seller provides online services to the Buyer through the Store.  

The main electronic service provided to the Buyer by the Seller is facilitating the placing of an order by the Buyer, which leads to concluding a contract with the Seller. It is possible to place an order without having an account at the Store.  

Should the Buyer decide to set up an account at the Store, the Seller also provides an electronic service to the Buyer, consisting in setting up and maintaining the account at the Store. The account stores the data of the Buyer, as well as a history of orders placed at the Store. The Buyer logs into the Account using their own e-mail address and a password defined by themselves.  

Setting up of the account at the Store is made by ticking a relevant checkbox during the ordering process or by filling in a self-registration form available at the Store. At any moment the Buyer may delete their account using the account management panel or by sending a relevant request to the Seller. Deleting the account will not cause deleting information about the orders placed from this account; the Seller will store this information until the expiration date of the claims ensuing from the contract concluded via the Store / during the whole period of operation of the Store, unless the Buyer objects to storing this information before, and the Seller has no overriding interest to store it.

Should the Buyer subscribe to the newsletter, the Seller also provides the Buyer the electronic service consisting in sending e-mails with information about novelties, promotions and products of the Seller. Subscription to the newsletter is done by filling in and submitting a newsletter subscription form or by ticking a relevant checkbox during the process of placing the order. At any moment, the Buyer may unsubscribe from the newsletter by clicking the unsubscribe button visible in all newsletter messages from the Seller, or by submitting a relevant request to the Seller.

The electronic services provided to the Buyer are free of charge. However, sales contracts concluded through the Store, are paid. 

In order to ensure safety of the Buyer as well as the safety of data transmission while using the Store, the Seller will take technical and organizational measures adequate to the scale of threat to the security of the services provided, in particular measures aimed at preventing unauthorized persons from acquiring and modifying data.

The Seller undertakes actions to ensure the correct operation of the Store. The Buyer should inform the Seller about any inconsistencies or stoppages of the functioning of the Store.

The Buyer may submit complaints regarding the operation of the Store to the e-mail address info@zygadesign.  The Buyer should specify the kind of inconsistency in the operation of the Store and the date of its appearance in the complaint. The Seller will examine all complains within 30 days from receiving and will inform the Client about the resolution of the complaint replying to the e-mail address from which the complaint was made.

§ 4

Placing the order

The Buyer may place an order as a registered client or as a guest.

A registered client is a Buyer who has an account in the Store. The Buyer may set up an account at the Store by ticking a relevant checkbox during the ordering process or by filling in a self-registration form available at the Store.

Should the Buyer already have an account in the Store before placing the order, he or she should log in to this account. Logging in is also possible during the placing of the order by clicking the link available in a displayed message.   

The Buyer places the order by filling in an order form after adding selected products to the cart. It is mandatory to provide necessary data in the form. At the stage of placing the order the payment and delivery methods are also selected. To place an order, it is mandatory to read and accept the Terms and Conditions. Should any reservations regarding the Terms and Conditions arise, the Buyer may contact the Seller. 

The process of placing the order is ended by clicking the button finalizing the order. Clicking the button finalizing the order is tantamount to making a declaration of will towards concluding a sales contract with the Seller.

If the Buyer has chosen on-line payment during the placing of the order, clicking the button finalizing the order will redirect to a payment gateway handled by an external payment operator in order to make the payment for the order. If the Buyer has chosen payment by bank transfer, clicking the button finalizing the order will redirect to the Store’s website with a confirmation of the order and instructions on how to proceed with the payment. The payment should be done within 48 hours of concluding the contract. 

The Buyer must provide factual personal data in the order form. The Buyer is liable for providing false personal data. The Seller reserves the right to withhold the realization of the order, should the Buyer provide false data or should this data give rise to justified doubts of the Seller as for their factuality. In such case, the Buyer shall be informed about the reservations of the Seller via phone or e-mail. In such case, the Buyer has the right to clarify all doubts related to the verification of the factuality of provided data. In the case of a lack of data enabling the Seller to contact the Buyer, the Seller will provide all necessary explanations after being contacted by the Buyer.

The Buyer declares that all data provided in the order form is factual, and the Seller is not obliged to verify its factuality and correctness, despite having the necessary authority according to the point 7 above.

§ 5 

Delivery and payment

The shipping methods available for the order are described on the website of the Store and provided to the Buyer at the stage of placing the order. The costs of shipping lie with the Buyer, unless the Seller states otherwise on the website of the Store. The Seller has the right to decide about splitting the costs of shipping between several separate packages without adding further costs for the Buyer.

Shipping methods are described on the website of the Store and provided to the Buyer at the stage of placing the order.

Electronic payments, including ones made by credit or debit card, are handled by Blue Media S.A.

If the Buyer has asked for an invoice, it will be delivered to the e-mail address specified in the order form.

§ 6

Order realization

The realization of the order consists in completing ordered products, packing them in order to dispatch them to the Buyer and dispatching the package to the Buyer according to the form of shipping chosen by the Buyer. 

The order is deemed completed at the moment of dispatching the package to the Buyer (entrusting the package to the carrier). 

Time of realization of the order is always indicated next to every product. The ordered products should be handed to the Consumer within 30 days, unless a longer realization time has been clearly indicated by the Seller in the product description. In such case, by placing the order the Buyer agrees to a longer realization time resulting from the product description. 

In the case that the Buyer has ordered products with different realization time indicated, the realization time of the whole order that is binding for the Seller is the longest one among all of the products that constitute the order. The Seller may propose splitting the order between several independent packages in order to shorten the time of realization of some of the products.

§ 7

Withdrawal from the contract of the Consumer or POCK

A Consumer or POCK who has concluded a distance contract with the Seller has the right to withdraw from the contract without stating a reason, within 14 days of receiving the purchased items.

The right to withdraw from the contract is not applicable in the cases specified in art. 38 of the consumer rights act. 

In order to withdraw from the contract, the Consumer or POCK must inform the Seller about the decision of withdrawing from the contract in the form of an unequivocable statement - such as a letter sent by post, fax or e-mail.

The Consumer or POCK may use a contract withdrawal form template available at HERE, although it is not mandatory. 

In order to meet the time-limit of withdrawal from the contract, it is enough that the Consumer or POCK sends an information about exercising their due right to withdraw from the contract before the expiration of the withdrawal deadline. 

The Consumer or POCK is obliged to return the product to the Seller or hand it to a person whom the Seller has authorized to collect the product immediately, no later than 14 from the date of withdrawal, unless the Seller has proposed to collect the product himself. In order to meet the time-limit, it is enough to send the product back before its expiration. 

It is only possible to return the product in its original packaging. 

The Consumer or POCK bears the direct costs of returning the item.

In the case of withdrawing from the contract, the Seller returns all received payments to the Consumer or POCK, including the smallest cost of shipping available in the Store (when the costs have been covered by the Consumer or POCK) immediately, no later than 14 days from the day in which the Seller has been informed about the exercising the right to withdraw from the contract. The return of payment will be done using the same methods of payment as have been used by the Consumer or POCK in the original transaction, unless the Consumer or POCK has clearly agreed to a different solution. In any case the Consumer or POCK shall pay no fees related to the form of payment return.

In the case that the Seller has not proposed collecting the item from the Consumer or POCK in person, he can hold off the return of the payment received from the Consumer or POCK until receiving the item or until the Consumer or POCK has provided a proof of sending the item back, whichever occurs earlier.

The Consumer or POCK is liable for the decrease of value of the product resulting from using the product in a manner that exceeds the necessary to determine the character, features and functioning of the product. 

§ 8

Responsibility for defects

The Seller is obliged to deliver a defect-free product to the Buyer, subject to par. 3 below.

The Seller is liable to the Buyer if the sold product has a physical or legal defect (defect warranty) subject to par. 3 below.

The defect warranty does not apply in the case of Buyers different than Consumer or POCK.

In the case that a sold item has a defect, the Buyer may:

request replacement with a defect-free item, 

request removal of the defect,

put forth a price reduction request,

issue a declaration of withdrawal from the contract.

If the Buyer notices a defect of the product, they should inform the Seller about this fact, at the same time presenting their claim regarding the defect or putting forth a relevant declaration.

The Buyer may use a complaint form template available HERE, although it is not mandatory. 

The Buyer may contact the Seller using either traditional mail or e-mail. 

The Seller shall respond to the complaint made by the Buyer within 14 days of receiving the complaint, using the same means of communication as was used to deliver the complaint.  

The liability of the Seller under the defect warranty is regulated in detail by the provisions of the Civil Code (art. 556 – 576). 

§ 9

Personal data and cookies

The seller is the administrator of the personal data of the Buyer.

The store uses cookie technology. 

The questions of personal data and cookies is described in detail in the privacy policy at https://zygadesign.com/privacy. 

§ 10

 Intellectual property rights

The Seller hereby cautions the Buyer that the content available on the websites of the Store, as well as elements of physical products (e.g. graphic designs) may constitute works as defined by the Copyrights and Related Rights Act from February 4, 1994, to which the Seller has copyrights.

The Seller hereby cautions the Buyer that further dissemination of copyrighted content by the Buyer without the consent of the Seller, save for using this content within the confines of permitted personal use, is an infringement of the Seller’s copyrights and may result in civil or penal liability. 

§ 11

Non-judicial means of complaint handling and enforcement of complaints

The Seller agrees to resolving any disputes resulting from the selling of goods in the framework of mediation proceedings. The details shall be determined by both parties of the dispute. 

The Consumer has the possibility to use non-judicial means of handling complaints and enforcement of complaints. These possibilities include:

turning to the permanent consumer arbitration court with a request to resolve the complaint resulting from the concluded sales contract,

turning to a surveyor of the province Trade Inspection Agency with a request to initiate mediation proceedings towards settling the dispute between the Buyer and the Seller by conciliation.

using the help of a district (city) consumer ombudsman or other social organization whose statutory goals include consumer protection.

More details about non-judicial means of complaint handling and enforcement of complaints can be found at HYPERLINK "http://polubowne.uokik.gov.pl" http://polubowne.uokik.gov.pl.

The Consumer may also use the ODR platform available at HYPERLINK "http://ec.europa.eu/consumers/odr" \t "_blank" http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs who wish to settle issues regarding contractual obligations resulting from online sales contracts or contracts to provide services, in a non-judicial manner.

§ 12

Final provisions

The Seller reserves the right to introduce and cancel offers and promotions, as well as to change prices of the products offered by the Store without prejudice to the rights acquired by the Buyer, including in particular the conditions of contracts concluded before the change was made.

The Seller reserves the possibility to make amends to the Terms and conditions without prejudice to the right acquired by the Buyer on the basis of contracts concluded before the amends to the Terms and conditions were made. The Buyers who have a registered user account will receive information about each amend to the Terms and conditions sent to the e-mail address assigned to the user's account. In the case that the Buyer does not accept the new Terms and conditions, they may delete their user account free of charge.

Any disputes related to contracts concluded via the Store shall be handled by a judicial court over the place where the Seller conducts his business activity. This provision does not apply to Consumers and POCK, in whose case the application of the court is determined according to the general rules. 

These Terms and conditions are valid from the 8^th of December 2021.