CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS OF CONTRACT OF SALE
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- PRODUCT COMPLAINT
- OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL
- PROVISIONS FOR ENTREPRENEURS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
The online store www.zuaworld.eu cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be null and void, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Internet Shop available at the Internet address www.zuaworld.eu is run by ZUZANNA BRZEZIŃSKA running a business under the name ZUA WORLD ZUZANNA BRZEZIŃSKA registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: business address and address for delivery: ul. Mokotowska 43 lokal 103, 00-551 Warsaw, NIP 8442259673, REGON 364618287, e-mail address: [email protected], telephone number: +48 506 055 757.
1.2 These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a particular provision of the Regulations provides otherwise and is addressed exclusively to consumers or entrepreneurs.
1.3 The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, to the extent and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
1.4.7 NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.
1.4.9 REGULATIONS - these regulations of the Online Store.
1.4.10. INTERNET SHOP - the Service Provider's online store available at the following Internet address: www.zuaworld.eu.
1.4.11. SELLER; SERVICE PROVIDER - conducting business activity under the name ZUA WORLD ZUZANNA BRZEZIŃSKA entered in the Central Register of Business Activity and Information of the Republic of Poland kept by the minister competent for economy, having: address of place of business and address for delivery: ul Mokotowska 43 lokal 103, 00-551 Warsaw, NIP 8442259673, REGON 364618287, e-mail address: [email protected], telephone number: +48 506 055 757.
1.4.12. SALE AGREEMENT - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.
1.4.14. SERVICER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use an Electronic Service.
1.4.15 CONSUMER RIGHTS ACT, ACT - Act of May 30, 2014 on consumer rights (Journal of Laws 2024 item 1796 as amended).
1.4.16. ORDER - the Customer's declaration of will made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
1.4.17. PRODUCT PER ORDER - Non-refabricated product, manufactured according to the Customer's specifications or serving to satisfy his individualized needs.
1.4.18. POLAND STORE - the place of realization of shipments and acceptance of returns for orders shipped from Poland, i.e. Mokotowska Street 43, premises 103, 00-551 Warsaw.
1.4.19. BALI STORE - the place of fulfillment of shipments and acceptance of returns for orders shipped from Bali, i.e. ZUA WORLD BOUTIQUE, Jl. Pantai Pererenan, Pererenan, Kec. Mengwi, Kabupaten Badung, Bali 86000, Indonesia.
1.5 The products offered in the ZUA WORLD Online Store are largely handmade, especially in Bali. Due to the nature of handmade production, individual pieces may differ slightly from one another in terms of details, weave, finish, arrangement of decorative elements, shade or other minor visual characteristics. These differences are a natural feature of handmade products and do not constitute a defect or non-conformity of the goods with the contract.
1.6 Some Products may contain natural elements or delicate decorative elements. The Customer shall use such Products with due care in accordance with their nature and intended use.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - the use of an Account is possible after a total of three consecutive steps have been performed by the Customer - (1) completing the Registration Form, (2) clicking the „Create an Account” field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration Form the Client is required to provide the following data: first and last name/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.1.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to the address: ul. Mokotowska 43 lokal 103, 00-551 Warsaw.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed after the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking on the „Confirm Purchase” box or any other equivalent box with the same function on the Web Store's website after completing the Order Form - until this point, the Customer is free to modify the data entered (for this purpose, follow the messages displayed and information available on the Web Store's website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.2.1 The Electronic Order Form Service is provided free of charge and is of a one-time nature and shall terminate at the time of placing an Order through it or at the time of earlier discontinuation of placing an Order through it by the Customer.
2.1.3. Newsletter - using the Newsletter is possible after providing in the „Newsletter” tab visible on the Online Shop website the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the „Sign up” box. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account - the moment the Account is created, the Customer is signed up for the Newsletter, if he/she has given separate consent to do so, if required by law.
2.1.3.1 The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to the address: ul. Mokotowska 43 lokal 103, 00-551 Warsaw.
2.2 Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop, smartphone, tablet or other multimedia device with access to the Internet; (2) access to e-mail; (3) current version of a web browser that supports cookies and Javascript, such as Google Chrome, Mozilla Firefox, Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript support in your web browser.
2.3 The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4 Complaint Procedure for Electronic Services:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions), the Customer may submit, for example:
2.4.1.1. in writing to the address: ul. Mokotowska 43 lokal 103, 00-551 Warsaw;
2.4.1.2. in electronic form via e-mail to: [email protected];
2.4.2 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 irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.2 The price of the Product shown on the website of the Online Store is given in the currency indicated on the website of the Online Store and includes taxes, if they should be added according to the law. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal or courier services) and other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.2.1 For orders shipped outside the European Union or shipped from a warehouse located outside the European Union, the Customer may be required to pay additional customs duties, import taxes or other charges under the regulations of the country of delivery. These charges shall be borne by the Customer. The Seller has no influence on the amount of these fees or on the customs procedures applied by state authorities or carriers.
3.3 The procedure for concluding a Sales Contract in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.3.2 After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer a relevant e-mail message to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.3.3 In the case of custom-made Products, non-refabricated Products, manufactured according to the Customer's specifications or serving to meet the Customer's individualized needs, information about such nature of the Product should be indicated in the Product description or communicated to the Customer before placing the Order. For such Products, the right of withdrawal is not available to the extent provided by the Law on Consumer Rights.
3.4 The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
4.1.1 Payment by bank transfer to the Seller's bank account.
4.1.2. Electronic payments through the Przelewy24 system - the possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the payment operator's website.
4.1.3 Payment Card Payments.
4.1.4 Payments through the Stripe system.
4.1.5 Apple Pay mobile payments.
4.1.6 Google Pay mobile payments.
4.1.7 Settlement of transactions by electronic payment, payment card, Apple Pay, Google Pay or via Stripe is carried out at the Customer's choice through payment operators currently supported by the Online Store. The current list of operators and payment methods is presented in the course of placing an Order.
4.2 Payment Term:
4.2.1 If the Customer chooses payment by bank transfer, electronic payment, payment card, payment via Stripe, Apple Pay or Google Pay, the Customer shall be obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement, unless a different term was indicated in the course of placing the Order.
5. THE COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1 Delivery of the Product is available in the territory of the Republic of Poland and the European Union, as well as, in the case of selected Products or methods of fulfillment of the Order, to other countries of the world, if the shipment is carried out from the BALI STORAGE.
5.1.1 Orders can be processed from the following locations:
5.1.1.1. MAGAZINE POLAND: ZUA WORLD, ul. Mokotowska 43 premises 103, 00-551 Warsaw.
5.1.1.2 BALI MAGAZINE: ZUA WORLD BOUTIQUE, Jl. Pantai Pererenan, Pererenan, Kec. Mengwi, Kabupaten Badung, Bali 86000, Indonesia.
5.1.2 Information about the place of shipment may be provided to the Customer in the confirmation of the Order, e-mail, description of the Product or in the course of placing the Order.
5.2 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal or courier service fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 Personal collection of the Product by the Customer is free of charge, if such option is currently made available by the Seller on the Online Store.
5.4 The Seller shall make available to the Customer the following methods of delivery or collection of the Product:
5.4.1 Courier Delivery.
5.4.2 Postal delivery, if currently available for the country or Order in question.
5.4.3 Shipment to a collection point or parcel machine, if such option is currently available in the Online Store.
5.4.4. personal collection - if such option is currently made available by the Seller - at the address: ul. Mokotowska 43 lokal 103, 00-551 Warsaw - on Business Days, during the hours indicated by the Seller in the course of the Order or in the individual confirmation.
5.5 The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a different deadline is specified in the description of the Product or during the Ordering process. In the case of Products with different delivery terms, the delivery term is the longest term specified. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.5.1 If the Customer chooses the method of payment by bank transfer, electronic payment, payment card payment, payment via Stripe, Apple Pay or Google Pay - from the date of crediting the Seller's bank account or settlement account or receipt by the Seller of confirmation of correct payment authorization.
5.5.2 In the case of Orders executed from the BALI STORAGE, the delivery date may be extended for reasons beyond the Seller's control, in particular due to customs procedures, border controls, administrative actions or delays on the part of the carrier.
5.6 Deadline for readiness of the Product for pick-up by the Customer - if the Customer chooses to pick up the Product in person, the Product will be ready for pick-up by the Customer within 7 Business Days, unless a different deadline is specified in the description of the Product in question or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest date specified. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the term of readiness of the Product for collection by the Customer is calculated as follows:
5.6.1 If the Customer chooses the method of payment by bank transfer, electronic payment, payment card payment, payment via Stripe, Apple Pay or Google Pay - from the date of crediting the Seller's bank account or settlement account or receipt by the Seller of confirmation of correct payment authorization.
6. PRODUCT COMPLAINT
6.1 The basis and scope of the Seller's liability to the Customer who is a consumer in the event of non-compliance of the Product with the contract are set forth in the provisions of the Consumer Rights Act.
6.2 The Seller shall be liable to the consumer for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and disclosed within two years from that time, unless the expiration date of the Product specified by the Seller is longer.
6.3 In case of non-conformity of the Product with the contract, the consumer may demand:
6.3.1. repair of the Product, or
6.3.2 Product Replacement.
6.4 If bringing the Product into conformity with the contract by repair or replacement is impossible or would require excessive costs, the Seller may refuse to bring the Product into conformity with the contract.
6.5 The consumer may make a statement about:
6.5.1. a price reduction, or
6.5.2. withdrawal from the contract
if:
- a) The Seller refused to bring the Product into conformity with the contract,
- b) The Seller failed to bring the Product into conformity with the contract within a reasonable time,
- (c) the lack of conformity of the Product with the contract continues.
6.6 A complaint may be filed by the Customer, for example:
6.6.1. in writing to:
ZUA WORLD
- Mokotowska 43 lok. 103
00-551 Warsaw
6.6.2. in electronic form via e-mail to:
6.7 It is recommended that the Customer specify in the description of the complaint:
- (a) information and circumstances regarding the subject of the complaint,
- (b) Customer requests,
- (c) contact information of the complainant.
6.8 The Seller shall respond to the consumer's complaint within 14 calendar days of receipt.
6.9 In the case of Customers who are entrepreneurs, the Seller's liability under warranty shall be excluded to the fullest extent permitted by law.
7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS
7.1 The consumer has the opportunity to use out-of-court means of handling complaints and claims.
7.2 Among other things, the consumer has the opportunity to:
7.2.1. to apply to a permanent amicable consumer court,
7.2.2. turn to the provincial inspector of the Commercial Inspection,
7.2.3. use the assistance of a district or municipal consumer ombudsman,
7.2.4. use the assistance of a social organization whose statutory tasks include consumer protection.
7.3 Detailed information on the consumer's ability to use out-of-court means of dealing with complaints is available on the website of the Office of Competition and Consumer Protection.
8. RIGHT OF WITHDRAWAL
8.1 A consumer who has entered into a remote contract may withdraw from the contract within 14 calendar days without giving any reason.
8.2 The time limit starts from the date the consumer takes possession of the Product.
8.3 In order to exercise the right of withdrawal, the consumer shall inform the Seller of his decision by a clear statement.
8.4 The consumer may use the model withdrawal form, but it is not mandatory.
8.5 The consumer shall return the Product immediately, no later than within 14 days from the date of withdrawal from the contract.
8.6 Return of the Product shall be sent back to the address of the warehouse from which the Product was shipped:
For orders shipped from Poland:
ZUA WORLD
- Mokotowska 43 lok. 103
00-551 Warsaw
For orders shipped from Bali:
ZUA WORLD BOUTIQUE
Jl. Pantai Pererenan
Pererenan, Kec. Mengwi
Kabupaten Badung
Bali 86000
Indonesia
8.7 The Consumer shall bear the direct costs of returning the Product.
8.8 The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.9 The right of withdrawal shall not apply to contracts:
8.9.1. for the delivery of a Non-Prefabricated Product, manufactured to the consumer's specifications,
8.9.2. for delivery of a custom-made Product,
8.9.3. for the delivery of a Product that, after delivery, has been inseparably combined with other things.
9. PROVISIONS FOR ENTREPRENEURS
9.1 This section of the Terms and Conditions and all the provisions contained herein apply only to Customers who are not consumers.
9.2 The seller has the right to withdraw from the sales contract concluded with the entrepreneur within 14 calendar days from the date of its conclusion.
9.3 The Seller's liability to the Customer who is not a consumer shall be limited to the amount of the Product price paid.
10. FINAL PROVISIONS
10.1 Contracts concluded through the Online Store are concluded in the Polish language.
10.2 The Seller reserves the right to make changes to the Terms and Conditions for important reasons, in particular:
- (a) changes in legislation,
- (b) changes in payment methods,
- (c) changes in delivery methods.
10.3 Amendments to the Terms and Conditions shall not affect Orders placed prior to the effective date of the amendments.
10.4 In matters not covered by these Regulations, the provisions of Polish law shall apply.
11. SAMPLE WITHDRAWAL FORM
Address:
ZUA WORLD ZUZANNA BRZEZINSKA
- Mokotowska 43 lok. 103
00-551 Warsaw
I/We hereby inform you of my/our withdrawal from the contract of sale of the following products:
………………………………………………………
Date of contract conclusion / acceptance:
………………………………………………………
Consumer's name:
………………………………………………………
Consumer address:
………………………………………………………
Signature (if paper form)
……………………………
Date
……………………………
Bank account number for refunds
…………………………….