Terms and Conditions
Regulations set out the principles of providing sales services through the website – is a document required under Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. It applies to consumers from Member States.
ul.Szkółkarska 130, 62-002 Suchy Las, Poland
The company Register number UTR: 2725081890
- BUYER – a natural person and a legal entity or an organizational unit which is not a law person, the provisions of which grant special legal capacity, but which performs or intends to enter into a contract or use the other services offered via the web-service.
- CONSUMER – a natural person who buys goods or a service for personal use or consumption from someone whose business it is to sell goods or provide services
- SALES CONTRACT – means any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services;
- SERVICE CONTRACT – means any contract other than a sales contract under which the trader supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof;
- ORDER – electronic declaration to the conclusion of the agreement (order of product or service).
B. General provisions.
- The Buyer – is obliged to enter data into the system in line with the facts that are consistent with the law and morality. Shared data can not violate personal rights or property rights of third parties.
- Commercial information – pricing, descriptions, advertising and other product information contained on the Seller’s website constituting an invitation to contract.
- Goods must be of merchantable quality, must be fit for their purpose and must be meet the description of goods on web-service.
- Order by electronic means can be placed 24 hours. a day, 7 days a week.
- In case of import of goods the Customer could be obliged to pay additional VAT-tax in accordance to local tax law.
C. Ordering procedure
- Subject of activity – an organized distance sales – using internet – of clothing and fashion accessory. The Seller delivers by mail high quality goods ordered by the web-service www.diskobyzuza.com. to consumer in Member State.
- Execution of the order (preparation of goods for shipmen) shall initiate:
- after receiving confirmation of payment – by PayPAL.
- The order completion period is mentioned in the Product description.
- Unless the parties have agreed otherwise on the time of delivery, the Seller shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, but not later than 30 days from the conclusion of the contract. If the delay in delivery exceeds 30 days, the Buyer shall be entitled to withdraw from the contract.
- If the Seller declares that does not effect delivery within deadline, the Buyer shall be entitled to withdraw from the contract by giving a written notice. In this case upon termination of the contract, the trader shall, without undue delay, reimburse all sums paid under the contract.
- Given in the offer of web-service prices of products are in GBP or EURO (if mentioned) and are gross prices (including taxes required by law).
- All prices are retail prices and do not include rebates and discounts. Rebates and discounts can be awarded individually.
- The price binding for the Buyer is currency in the time of order.
- The price of products don’t include delivery costs.
E. Terms and Means of payment
- The payment for goods purchased via distance sales channels shall be made by means of:
- In case of payment before delivery the Buyer is obliged to make a payment within 7 days from receiving a notification of order, unless the Parties to the Agreements agree otherwise.
- Shipping costs of goods shall be taken by the Buyer, unless otherwise specified in description of offer of product.
- During filling the order form, the Buyer make a selection and approval of choice of costs and of delivery means.
- The Seller cooperates with courier company Poczta Polska.
G. Claims and withdrawal from the contract with the Buyer that is not a Consumer ( refers to entrepreneurs )
- The Buyer shall verify the completeness of delivery with due diligence, directly upon its receipt. The Buyer is obliged to check deliveries in a customary way as for the type of product otherwise all rights of complaint and/or guarantee shall lapse. In the event he notices any quantity or quality defects etc. The Buyer should notify the fact to the Seller immediately.
- Possible liability for damages of the Seller towards the Buyer under any title is limited to actual losses on the part of the Buyer but up to the value of the ordered Goods, and is exclusive of lost or anticipated benefits, costs of dismantling or recall of the Goods, loss of the reputation of the Buyer, etc.
- The right to withdrawal from the contract is canceled.
H. The right to withdrawal from the contract in case of distance selling to a Consumer as a Buyer.
- The Consumer have a period of 14 days from the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods, without giving any reason.
- The Consumer shall only bear the direct cost of returning the goods.
- If the Buyer choose a more expensive type of delivery than the Seller cheapest standard delivery, the Consumer are only entitled to be refunded the cost of the cheaper delivery type. The Seller can withhold repayment until the goods are returned or you supply evidence that you have sent the goods back, whichever is the earliest.
- To cancel the contract, the Consumer must inform the Seller of the decision to cancel using either the Withdrawal Form (as attachment), or some other method (e.g. a letter sent by post, fax or e-mail), before the 14 days period expires. There is no requirement to give a reason for cancelling. If there is a dispute, it is up to you to prove the cancellation was carried out correctly.
- After receiving “Withdrawal Form” the Seller will send by email confirmation of cancellation of contract and information with address for shipment of returned goods.
- Unless the Seller has offered to collect the goods himself, the Consumer shall send back the goods or hand them over to the Seller or to a person authorised by the Seller to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract.
- The Consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
- The Seller shall reimburse all payments received from the Consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the Consumer’s decision to withdraw from the contract using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of such reimbursement.
- The Seller may withhold reimbursement until have received the goods back or the Consumer have supplied evidence of having sent back the goods, whichever is the earliest.
- No collect shipments will be accepted without prior authorization from The Seller.
- The right of withdrawal is excluded with respect to performance which, by reason of its nature, cannot be returned.
- The right of withdrawal is excluded in the below circumstances:
- if the purchased goods have the characteristics specified by the Buyer in his order or strictly related to the Buyer
- delivery of goods, for which the Consumer has provided specifications, such as the size of a fabric;
- delivery of goods, for which the Consumer has requested specific personalized features, such as a particular design, a specific component, which has to be individually procured for that particular order and which was not part of the Seller’s general offer to the public;
- order include address labels with the Consumer’s contact information or T-shirts with a personalized print.
I. The liability under the warranty and warranty services
- The Seller is obliged to deliver a PRODUCT which is the subject of the contract – without the drawbacks.
- The Seller is responsible for defects that had been present before the goods had been handed over to the Buyer unless the defects were result of a different cause that had been present that time. Warranty period: 2 years.
- The Seller is released from the responsibility for warranty defects if the Buyer knew about the defect at the time of purchase.
- In case of defect or non-compliance of the delivered PRODUCT with the contract, the Consumer has the right to lodge a complaint.
- To fill a complaint, we recommend that the Consumer has fulfilled a Consumer Complaint Form (as attachment), or any other form described the basis of the complaint and a request regarding the removal of faults and sent the application electronically (e-mail) or by post to the address of the Seller.
- The Seller consider the complaint without undue delay. No later than within 14 calendar days from the date of receipt of the complaint and inform at the time in writing or electronically the Consumer on the status of the complaint. Leaving a complaint at this time no response is tantamount to recognition of the complaint.
J. The processing and protection of personal data
- The Administrator of personal information collected through the web-service it is a Seller.
- Any personal information provided during the ordering process solely for the purpose of shaping, to make , execution, amendment or termination of the Agreement between the web-service provider and the Buyer and is not shared with other institutions or third parties.
- Providing Consumer personal data is voluntary, but failure to set out in the Regulations of personal data necessary to conclude the Agreement for the provision of electronic services may result in inability to enter into this agreement.
- To implement the service agreement is necessary to provide the following information from Consumer:
- e-mail; telephone number.
- The Consumer has the right to access their data, correct them and demand their removal at any time.
K. Final provisions – legal information
- The Agreement – is compliant with legal provisions effective on the territory of Member State.
The provisions of these Regulations are not intended to exclude or limit any rights of Consumer in accordance to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on Consumer rights.
- All photos posted on the Website and descriptions are protected under the Act on Copyright and Related Rights – have a creative and individual character. They can’t be copied without permission of the Seller.
L. Technical Conditions of Use
- The Seller – in order to allow conclusion of a contract evidenced by a website WEB SERVICE services:
- the establishment and administration of the CLIENT in the WEB SERVICE;
- processing the order form product orders in the WEB SERVICE;
- Using of electronic services in the above-mentioned range is free.
- The contract for the provision of electronic services involving the conduct and administration of the Buyer’s account on the WEBSITE is concluded for an indefinite period. For the moment the agreement is deemed to as completing the registration process by Buyer on the WEBSITE.
- The contract for the provision of electronic services which enable submission of the Order services in the WEB SERVICE by filling out the order form is concluded for a definite period – the period for filing and processing of orders – and shall terminate upon the submission and acceptance of orders.
- The Consumer can withdraw from the contract for the provision of the service without giving a reason within 14 days of the conclusion of the contract – with the exception of when the provision of the service starts before the expiry of that period with the consent from Consumer – making entrepreneur declaration of withdrawal from the contract:
- using an electronic model withdrawal form (Annex to the Regulation)
- by making a statement on the website,
- by e-mail or in writing to the address of the Seller (SERVICE PROVIDER)
- In the case of services for an indefinite period of both parties have the right to terminate the contract:
- – The Consumer can terminate the agreement for the provision of electronic services at any time by submitting a relevant declaration in electronic or written form to the address of the Seller. The Seller shall immediately confirm the receipt of the declaration. The Seller within 7 days of receiving the notice will delete the data records of protected personal data relating to cessation of the service and its of providing.
- – The SERVICE PROVIDER may terminate the agreement for the provision of electronic services if the Consumer objectively and unlawfully grossly violates the Rules – with a term of notice 30 days from the date of such notice. If the two parties are entrepreneurs SERVICE PROVIDER may therefore terminate the contract for the provision of Electronic Services with immediate effect.
- – Buyer and SERVICE PROVIDER may terminate the agreement for the provision of electronic services at any time by agreement between the parties
- Complaints will be dealt immediately, not later than within 14 days. The complaint was not resolved during this period means the recognition of the complaint.
M. Exceptions from the right of withdrawal
- (a)service contracts after the service has been fully performed if the performance has begun with the Consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the Seller;
- (b)the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period;
- (c)the supply of goods made to the Consumer’s specifications or clearly personalised;
- (d)the supply of goods which are liable to deteriorate or expire rapidly;
- (e)the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- (f)the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- (g)the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller;
- (h)contracts where the Consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the Seller provides services in addition to those specifically requested by the Consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
- (i)the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- (j)the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- (k)contracts concluded at a public auction;
- (l)the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
- (m)the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.