I. INTRODUCTION

The following Terms and Conditions set out the rules for transactions in the ZACK ROMAN online Shop operating at: www.zackroman.com, owned by the Seller.

II. DEFINITIONS

Whenever these Terms and Conditions refer to:

Seller - it shall be understood to mean Zack Group sp. z o.o. with its registered office in Warsaw, POLAND at Ogrodowa 65, lok. 5, 00-876 Warsaw, registered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under number 0000941289, NIP 5272982439;

Customer - it shall be understood to mean a natural person having at least limited legal capacity and over 18 years of age, as well as a legal person or organizational unit without legal personality, having legal capacity and the ability to perform legal acts;

Shop - it shall be understood to mean the online Shop operated by the Seller at the Internet address ‘www.zackroman.com’;

Goods - it shall be understood to mean goods offered by the Seller for retail sale, available in the Shop;

Price - it shall be understood to mean the gross price of the Goods placed next to the information about the Goods, not including the Costs of possible delivery of the Goods. The prices of Goods in the Shop are expressed in Polish zloty and include VAT;

Carrier - it shall be understood to mean a courier company cooperating with the Seller;

Costs of delivery of Goods - it shall be understood to mean fees for delivery of Goods to the Customer;

Order - it shall be understood to mean an order for Goods placed by the Customer in the Shop in accordance with these Terms and Conditions;

Personal Data Administrator - it shall be understood to mean Zack Group sp. z o.o. with its registered office in Warsaw, POLAND at Ogrodowa 65, lok. 5, 00-876 Warsaw, registered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register under the number 0000941289, NIP 5272982439;

Personal Data - it shall be understood to mean any information relating to an identified or identifiable natural person. Information shall not be deemed to identify a person if identification would require unreasonable expense, time or effort;

Sensitive Data - it shall be understood to mean Personal Data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union affiliation, as well as data on health state, genetic code, addictions, sex life, convictions, court sentences and penalty notices, as well as other judgments issued during court or administrative proceedings;

Privacy Policy - it shall be understood to mean the rules of processing of Personal Data of Customers by the Personal Data Administrator, the rights of Customers and the obligations of the Data Administrator, which can be found at:  https://zackroman.com/polityka-prywatnosci;

GDPR - it shall be understood to mean the Regulation of the European Parliament and the Council (EU) No 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free flow of such data, and repealing Directive 95/46/EC.

Information about the products in the Shop, inter alia descriptions of the Goods (including prices), constitute an invitation to make an offer to conclude a sales contract within the meaning of Article 71 of the Civil Code, in accordance with these Terms and Conditions.

The availability of the Goods is updated from Monday to Friday at noon, except for days which are statutory or customary public holidays.

The Seller reserves the right to limit the number and quantity of ordered Goods offered in the Shop at promotional prices.

All Customers of the Shop are prohibited from sending content of an unlawful nature or contrary to the principles of social co-existence.

III. ORDERS

The Shop sells Goods via the Internet. The Shop publishes information about the Goods on the websites szarmant.pl and zackroman.com.

A Customer of the Shop may be a natural person with full or limited legal capacity, as well as a legal person or an organizational unit without legal personality.

An Order can be placed by a person with an account in the online Shop (creating an account requires providing an e-mail address and password).

The Seller reserves the right to additional verification of the Customer's data, e.g., by telephone contact.

The Seller has the right to refuse to process Orders:

- placed on an incorrectly filled Order form;

- placed in violation of these Terms and Conditions.

The Customer, sending an Order to the Shop, makes an offer to conclude a contract of sale of the ordered Goods or services with the Shop. The Shop's confirmation of acceptance of the Order sent to the e-mail address provided by the Customer constitutes a statement of acceptance of the offer referred to above. If an Order is placed from a newly-created Customer Account with payment "on delivery", the Customer receives an e-mail with the request to confirm the Order. The Shop reserves the right to ask the Customer to confirm the Order for other orders as well.

The above provisions do not exclude or limit the Seller's right to refuse to conclude a contract with the Customer.

In order to place an Order, the Customer is obliged to:

- choose the ordered Goods;

- in the event that the Customer orders the Seller to conclude a contract in his/her name and on his/her behalf with Poczta Polska or a courier - to select the method of delivery (the entity with which the Seller is to conclude the contract) and the delivery address and the address to which the invoice is to be issued (these may be different addresses),

- to choose the form of payment;

- in the event that it is not possible to fulfil the Customer's Order (due to unavailability of the Goods covered by the Order in the warehouse, at the Shop's suppliers or for any other reason), the Shop will notify the Customer of this fact no later than within 30 (thirty) days from the date of conclusion of the contract, and will return the money paid. The notification will be sent to the e-mail address indicated by the Customer on the Order form;

- in the event that some of the Goods covered by the Order are unavailable in the warehouse, at the Shop's suppliers or in other cases where it is not possible to fulfil the Order within the time estimated in the Order (e.g., delayed deliveries by the Shop's suppliers), the Customer is informed about the status of the Order and decides on the method of its fulfilment. The Customer may choose a partial fulfilment of the Order (such a choice results in the fulfilment of the Order for available Goods only, and the Shop is released from the obligation to fulfil the Order for unavailable Goods) or a cancellation of the entire Order (such a choice results in the Shop being released from the obligation to fulfil the Order).

Each purchase is accompanied by a receipt if the Customer does not provide details for a VAT invoice and VAT ID number (NIP).

If the Customer provides complete details for a VAT invoice (including the VAT ID number (NIP)) on the Order form, the Customer will receive a VAT invoice instead of a receipt along with the Goods. By making a purchase, the Customer automatically agrees to issuance of an invoice without signature.

Confirmation of the Order is sent to the e-mail address provided in the Order form.

If the Customer provides an incorrect (wrong) e-mail address, the Order confirmation will not be sent correctly. In this case, it is the Customer's responsibility to contact the Shop to confirm the Order.

The Shop is not responsible for a possible lack of Order confirmation sent automatically by e-mail if an incorrect e-mail address is given or there are technical problems in the Internet infrastructure.

IV. DELIVERY, PLACE OF PERFORMANCE OF OBLIGATION

The Place of Performance of Obligation is POLAND, Warsaw, Niecała 7. The Seller shall make the sale within the meaning of the Civil Code. The Seller's performance shall not include shipment of the Goods to the designated place. Due to the above, the Seller's performance is fulfilled at the moment when the Goods are left for the Customer to collect at the Seller's place of business.

In the event that the Customer orders the Seller to organize shipment, such shipment is organized in the performance of a contract separate from the sales contract, under which the Seller acts as the Customer's contractor. In such a case, the delivery of the Goods shall take place in the manner selected by the Customer and specified in the Order. The delivery methods offered to the Customer are delivery methods indicated by way of example only. However, if the Customer instructs the Seller to arrange dispatch of the Goods via an entity with which conclusion of a contract would be unduly burdensome for the Seller, the Seller reserves the right to refuse to fulfil such an Order and inform the Customer of this fact within one week from the date of receipt of the Order. If the Seller offers free shipping, this means that the Customer is not obliged to reimburse the Seller for the costs incurred in execution of the shipment contract referred to in this section.

If delivery by Poczta Polska or by a courier service is chosen, the Customer grants the Seller a power of attorney to conclude a contract with Poczta Polska S.A. or a courier service on behalf of the Seller, but at the Customer's expense, and to fulfil on the Customer's behalf, for the Customer's benefit and at the Customer's expense the obligations under the aforementioned contract. Acting on the basis of a power of attorney, the Seller merely transfers the Customer's money to Poczta Polska or a courier service, without showing this in the revenue side of the tax books or including it in postage costs. The amount of the excess over the sale price transferred by the Customer to the Seller is an advance on the postage cost incurred by the representative (and not a remuneration for transport services) and is a reimbursement of the Seller's costs incurred in the execution of the shipment contract.

The costs of ordering the transport are included in the invoice for the Goods.

In Poland, the Order may be delivered via a courier company.

The Order can be delivered to the other countries of the European Union only by a courier company.

The Order is delivered to countries outside the European Union only by a courier company.

Checking the condition of the parcel and determining the nature of the damage or violation of the packaging made in the presence of the courier or postal employee, including the preparation of a shipping damage report, will allow for easier processing of the complaint by the Shop.

V. PRICES OF GOODS

All of the prices of Goods displayed on the Shop's website:

- are given in Polish zloty;

- include VAT;

- do not include information concerning possible customs duties;

- do not contain information concerning delivery costs.

The price indicated next to each Goods is binding from the moment of placing an Order by the Customer.

The Shop reserves the right to conduct promotional and sales actions, as well as to introduce changes in them in accordance with the regulations in force in this scope. The above entitlement does not affect the prices of Goods for Orders placed before the effective date of the change, the terms of the promotional actions or sales.

Promotions in the Shop are not cumulative, unless the regulations of the promotion state otherwise.

VI. LEAD TIME

The estimated time of preparing an Order for shipment is given next to each Goods. This is the time which elapses from the acceptance of the Order for processing to the moment of transferring the parcel from the Shop to the Carrier responsible for its delivery (only working days are taken into account). An Order for Goods with different lead times is dispatched when the entire Order is completed. The dispatch date of the parcel is determined on the basis of the Goods with the longest lead time. When paying by card, the lead time is calculated from the moment of obtaining a positive authorization.

VII. FORMS OF PAYMENT

The Customer may choose the following forms of payment for the ordered Goods with delivery in Poland:

• bank transfer, electronic transfer. The processing of the Order begins once the payment is confirmed by the operator, and in the case of a bank transfer - after the payment is received on the account of the Shop. The Shop's account number is: 43 1140 2004 0000 3302 8213 9559 (mBank). The account name is "Zack Group sp. z o.o.".
• Payment card
  
  • Visa
    
  • Visa Electron
    
  • MasterCard
    
  • MasterCard Electronic
    
  • Maestro

The payment card operator is PayPro SA Agent Rozliczeniowy, Kanclerska 15, 60-327 Poznań, POLAND, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under number 0000347935, NIP 7792369887, Regon 301345068.

Orders with delivery outside Poland can only be paid by payment card by means of one of the electronic payment systems accepted by the Shop. The processing of the Order begins after the payment is confirmed by the operator.

If there is a need to reimburse the funds for a transaction made by the Customer by means of a payment card, the Seller will make the reimbursement to the bank account assigned to the Customer's payment card.

The online payment service provider is PayPro SA (Przelewy24.pl).

VIII. STATUTORY WARRANTY AND RETURN OF GOODS - COMMON PROVISIONS

If the Customer exercises his/her rights under the statutory warranty or the consumer's right to withdraw from the contract, he/she shall send back the Goods to the address of the Shop:

Zack Roman

Niecała 7

00-098 Warsaw, POLAND

The Goods under complaint must not be used, cut or damaged.

Return costs: If the Customer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Customer for any additional costs incurred by the Customer. The above shall not apply if the Customer instructs the Seller or gives the Seller a power of attorney to conclude a contract with a postal operator or a courier company on Customer's behalf.

In the event of exercising the right of withdrawal, the Customer shall send back the Goods at his own expense.

The provisions of this clause shall apply to clauses IX and X.

IX. RETURN OF GOODS - CONSUMER'S RIGHT OF WITHDRAWAL

The Customer who is a consumer is entitled to withdraw from a remote contract within 14 days:

- in the case of a contract in which the Seller issues the item, transferring its ownership - the deadline is calculated from taking of possession of the item by the Customer or by a third party indicated by the Customer, other than the Carrier;

- in the case of a contract which involves multiple items which are delivered separately, in lots or in parts - the term is calculated from taking possession of the last item, lot or part.

Made-to-order Goods (in particular to meet the Customer's individual needs, i.e., custom-made Goods) or fabrics sold otherwise than in rolls or in pieces of a length specified by the Seller shall not be returned.

The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller for its collection immediately, but no later than 14 days from the day on which he or she withdrew from the Contract (unless the Seller has offered to collect the item himself or herself).

X. LIABILITY FOR DEFECTS IN GOODS

(I). GENERAL PROVISIONS

Zack Group sp. z o.o. as the Seller shall be liable to the Customer who is a consumer within the meaning of Article 22[1] of the Civil Code, inter alia:

- by virtue of the statutory warranty: in the case of contracts concluded with consumers which were concluded from December 25th, 2014 onwards;

- for non-compliance with the Contract of Sale of the Goods purchased by the Consumer, to the extent set out in the Act on special terms and conditions of consumer sales and amendments to the Civil Code of 27 July 2002: in the case of contracts concluded with Consumers before December 25th, 2014.

In the event that the entity concluding the contract with the Seller is not a consumer:

- the parties unanimously exclude the Seller's liability under statutory warranty;

- the Seller's liability for damages due to non-performance or undue performance of the Contract is hereby excluded, with the exception of situations where the damage was caused by the Seller's wilful misconduct.

The Goods should be returned together with the receipt or the received VAT invoice. Delivery and return costs of the Goods are not refundable.

If the Goods are returned with proof of purchase (receipt and/or invoice) and bearing no traces of use, only the price of the purchased item shall be refunded. The cost of shipment, transport, etc. is not refunded. In the event of a return, the Customer sends the returned item at his own expense. Complaints arising from:

- improper use of the Goods;

- differences in the colours of the Goods resulting from different settings of the Customer's monitor,

will not be taken into account.

The returned Goods should be accompanied by a proof of purchase with a description of the complaint, unless the complaint has been previously presented to the Seller.

The Store shall immediately, but not later than within 14 days from the date of receipt of the parcel with the Goods complained about, respond to the complaint and inform the Customer about further proceedings. If the complaint is accepted, the damaged Goods will be repaired or replaced with other Goods of full value, or the price will be reduced. If replacement is not possible (for example, because the Goods are out of stock), the Shop will refund the equivalent of the price of the Goods to the Customer.

If the complaint is not accepted, the Goods will be sent back together with an opinion that the complaint was not justified.

If the Customer finds damage made to the Goods during transport, its highly recommended that the Customer draws up a shipping damage report in the presence of the courier.

Nothing in these Terms and Conditions restricts the Customer, who is a consumer, from exercising his/her rights under the mandatory provisions of law.

(II). STATUTORY WARRANTY

Each item purchased in the Shop may be complained about in compliance with the regulations of complaint specified by the relevant provisions of the law, if it has defects constituting its non-compliance with the concluded Contract of sale. A complaint may be lodged by post or e-mail.

In the case of a contract concluded between the Seller and the Customer who is an entrepreneur, such Customer loses his/her rights under the statutory warranty if he/she fails to notify the Seller about the defect within 7 days from the date of receipt of the Goods.

(III). WARRANTY

The Goods are or may be covered by a manufacturer's warranty. If the Goods received are defective, the Customer may exercise its warranty rights directly with the distributor, and may exercise its rights to which he/she is entitled from the Seller. The warranty rights and the rights to which the Customer is entitled from the Seller for non-conformity of the Goods with the Contract are independent of each other.

XI. OTHER

Each Customer is obliged to read the Terms and Conditions (when placing an Order) and is always bound by the provisions of these Terms and Conditions. Lack of acceptance of the provisions of these Terms and Conditions prevents the purchase of Goods offered by the Shop.

Customers with an account in the Shop will be informed of the change in the Terms and Conditions by e-mail. A Customer who does not accept the changes introduced in the Terms and Conditions has the right to delete his/her account at any time.

The Shop is not responsible for errors in processing an Order or other instructions of a Customer which are the result of incorrect data provided by the Customer.

Any disputes between a Customer who is a consumer and the Shop will be settled by a competent court in accordance with the Code of Civil Procedure of November 17th, 1964 (Journal of Laws No. 43, item 296, as amended). If the Customer is an entrepreneur, then the competent court shall be a court having jurisdiction over the Seller's place of business.

In matters not regulated in these Terms and Conditions, the provisions of Polish law shall apply.

These Terms and Conditions are effective as of December 15th, 2014.

The Shop reserves the right to amend the Terms and Conditions. Orders placed before the date of entry into force of amendments to these Terms and Conditions are fulfilled on the basis of the provisions in force on the date of placing the Order.

All trademarks and brand names which can be found in the Shop belong to their legal owners and have been placed for information purposes.

XII. PROTECTION OF PERSONAL DATA

The Website collects the minimum information necessary to complete the order process, i.e., name, surname, contact details and e-mail address. The collected information is not made available to entities or third parties. Data processing, in accordance with the Personal Data Protection Act, takes place exclusively for the purpose of order fulfilment (execution of the Contract and issuance of the invoice).

The Customer has full right to inspect and correct or delete his/her Personal Data collected by the Website.

XIII. COOKIES POLICY

The Shop uses cookies to observe the use of the website www.sklep.szarmant.pl The types of cookies used by the Shop are:

- session cookies - they work only during the time when the pages of the website are being browsed, thus enabling them to function properly,

- permanent cookies - remain on the computer after visiting the website www.zackroman.com  

- third-party cookies - make it possible to adjust the displayed website to the Customer's preferences.

The Website does not collect any information automatically, except for the information contained in cookies.

Cookies are IT data, in particular text files, which are stored on the Website User's terminal equipment and are intended for use on the Website. Cookies usually contain the name of the website they come from, the time they are stored on the terminal equipment and a unique number.

The Website stores cookies on users' computers in order to:

- maintain a user session after logging in for the proper functioning of the website (maintain the contents of the Shopping cart, orders, etc.);

- compile statistics on website usage in order to improve the structure and content of the Website (Google Analytics scripts).

In many cases, the web browsing software (web browser) allows cookies to be stored on the User's terminal device by default. Users of the Website can make changes to the cookie settings at any time. These settings can be changed, in particular, in such a way as to block the automatic handling of cookies in the web browser settings or inform about their placement on the Website User's device each time. Detailed information on the possibility and methods of using cookies is available in the settings of your software (web browser).

The Customer can use the website without using cookies, but this may mean that some functions or services of the Shop will not function properly. If the Customer does not agree to the use of cookies, he/she should select the option to reject cookies at any time in the browser settings. It is also possible to select the option to inform each time that cookies are being sent.

XIV. Privacy Policy and security of Personal Data

1. The Personal Data Administrator shall be responsible for the lawful processing of Personal Data, and the rules for the collection, processing and storage of Personal Data, as well as the Customer's rights in relation to his Personal Data.

2. The Personal Data Administrator processes the Customers' Personal Data on the basis of consent and in connection with the legitimate interests of the Seller.

3. The Personal Data Administrator collects and processes Personal Data only to the extent that is justified by a contractual or legal obligation.

4. The Customer's consent to the processing of Personal Data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.

5. The following Personal Data are collected for the purpose of processing the Customer's Order:

   1.  postal address - necessary for issuing a proof of purchase;

   2. place of delivery of the item - necessary for addressing the parcel;

   3. e-mail – niezbędny do komunikacji związanej z realizacją zamówienia;

   4. telephone number - necessary if certain methods of delivery are selected.

6. Detailed solutions for the protection of Personal Data related to placing an Order, but also to the use of the Shop before and after placing the Order are contained in the Privacy Policy.