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WEBSTORE TERMS AND CONDITIONS

zarembastore.com

ZAREMBA Bespoke Tailoring

 

§ 1 GENERAL INFORMATION

  1. Webstore operating at www.zarembastore.com [hereinafter: the Store] is owned by Maciej Zaremba, who runs business under the name Pracownia krawiecka "ZAREMBA" in Warsaw, ul. Nowogrodzka 15, entered in the Business Activity Register kept by the Tax Office in Pruszków, taxpayer’s ID: 534-218-15-04, statistical number (REGON): 141853800 [hereinafter: the Seller],

    Contact information: 

tel. no: +48 22 6284208,

e-mail: kontakt@zarembastore.com,

regular mailing address: Pracownia krawiecka "ZAREMBA", ul. Nowogrodzka 15, 00-511 Warszawa.

  1. These Terms and Conditions introduce the rules and conditions under which Customers use the Store, including order placement and the sale of products using the means of distance communication and the provision of services electronically.
  2. Customers may access the Terms and Conditions free of charge at www.zarembastore.com so that they can read it before making an agreement and in a way allowing them to acquire, reproduce and record the Terms and Conditions via an information and communication system of their choice.
  3. To make full and proper use of the Store, including to place orders, you must have access to the Internet, devices supporting the use of Internet resources, an active e-mail account and a web browser to display web pages.
  4. The User will be able to use the Store if the following technical requirements are met:

-       screen resolution: 1024x768 or higher,

-        color depth: 32-bit or higher,

-        browsers: Internet Explorer 6.0 or higher, Google Chrome, FireFox, Opera, Safari,

-        cookies enabled,

-        Javascript enabled.

  1. The Seller states that if the above requirements are not met, it will be unable to support Order placement using the Website or to perform the Agreement making procedure or to execute the Agreement made.
  2. The Customer must comply with the Terms and Conditions.
  3. Definitions:
  • Terms and Conditions – these Terms and Conditions.
  • Customer – an adult natural person, a legal person or an entity without legal personality yet having legal capacity that is buying in the Store.
  • Consumer – a natural person who makes acts in law with the Seller that are not directly related to their business or professional operations.
  • Customer Account – electronic set of information featuring Customer data necessary to be filing orders for products.

 

§ 2 ORDER PLACING CONDITIONS

  1. The Store sells products using the website at www.zarembastore.com. The Store sells clothing items and accessories manufactured and distributed by the Seller.
  2. The Customer being an adult natural person, a legal person or an entity without legal personality yet having legal capacity can be buying in the Store.
  3. Orders may be placed for products available in the Store in one of the following ways:
  • without registration (Customer Account set-up) – by completing all steps necessary to file an order without registration;
  • after registration in the Store.
  1. To place an order without prior registration the Customer must fill in an interactive form on the Store website after they have selected an item from the Store, including:
  • introduce data marked as mandatory in the form;
  • accept the Terms and Conditions – by ticking the appropriate option in the form.
  1. Registration in the Store is free and voluntary. By registering in the Store, the Client choses to save their data introduced in the interactive form for order placing purposes. Therefore, when filing subsequent orders in the Store the Customer will not be asked to fill in the form. Registration means there will be a Customer Account set up in the Store. The Customer may use the Customer Account to update their data introduced upon registration in the Store.
  2. In order to register, you must fill in the form generated by the Store, including:
  • username (Customer);
  • e-mail address;
  • Customer-chosen password to be used for logging in;
  • consent to have their personal data processed by the Seller to set up the Customer Account and to process and deliver the Customer’s orders – by ticking the appropriate option in the form;
  • accept the Terms and Conditions - by ticking the appropriate option in the form.
  1. The Customer may be asked to grant – at their discretion – other consents, including the consent to receive commercial information and Newsletters electronically to their e-mail address. These consents are optional and are not required to place orders or to set up the Customer Account.
  2. By setting up the Customer Account and placing orders, the Customer agrees to have their data provided to this purpose processed in order to maintain the Customer Account and to deliver orders. Providing data is voluntary yet stating specific personal information is required to perform an agreement and so that the Customer can register in the Store and place their orders and that their orders are delivered.
  3. After having filled in and sent registration form (by clicking the ‘Register’ link), a registration confirmation message will be sent to the Customer’s e-mail address introduced at the registration stage.
  4. You may log in to the Customer Account by introducing username and the password chosen upon the account registration. Once logged-in, the Customer may edit their data.
  5. The Customer is exclusively responsible for the correctness, content and form of any and all data and information they provide. It is forbidden to state false data and information, in particular of third parties or fictitious. The Customer providing such data or information is liable on this account, especially with respect to the Seller.
  6. The Customer must ensure all their passwords and Customer Accounts are safe and protected from unauthorized access.
  7. The Customer must read and accept the Terms and Conditions of www.zarembastore.com to register and to place orders in the Store without prior registration.
  8. The Customer may place orders in the Store 24/7.
  9. Ordering products from the Store triggers payment obligation so special attention should be paid to the description of the product(s) and their cost.
  10. To place an order the Customer choses a product by adding it to the Cart (the button next to product description) and follows the steps prompted on the Store website.
  11. Information to be provided in the ‘Cart’ section: quantity of each product ordered and its other features if possible in a given case. The Customer should then follow the steps prompted on the Store website and fill in all fields mandatory to make and perform an agreement, including:
  • contact information (e.g. full name, e-mail);
  • delivery address;
  • company information – if the Customer wants an invoice;
  • address where receipt or invoice is to be sent to if a product is sent to a third party;
  • delivery type;
  • payment option, and
  • discount code (if made available to the Customer from the Store).
  1. Product information available on the Store website, including their descriptions and prices, are not an offer yet an invitation to make an agreement as defined in article 71 of the Civil Code. By placing an order, the Customer makes an offer to the Seller for entering into a sales contract for the items ordered.
  2. Once the offer (order) has been filed, the Customer will receive from the Seller (to the e-mail address stated upon registration or order placement) an e-mail confirmation that the order is placed.
  3. The order confirmation message from the Seller will state all major order features, including order number.

 

§ 3. PRODUCT INFORMATION AND PRICE

  1. All products available from the Store:
  • are brand new,
  • have necessary certificates,
  • are admitted to trading in Poland,
  • have the permits required under valid regulations,
  • have been acquired by the Seller from authorized entities.
  1. Prices in the Store include VAT and are expressed in PLN. The prices are exclusive of delivery costs. Product prices may be reduced if a discount is granted – lower price will be displayed in the cart section.
  2. The final and binding price of the product is the one indicated in the cart section next to the product upon order placement.
  3. Quantity of promotional and sales products is strictly defined. Special offers and sales continue until stocks run out or until the special offer period ends. Orders are processed on a first come first served basis.
  4. Information on the total order cost and the cost of delivery is presented to the Customer at the Store website after specific items have been selected and delivery address introduced.
  5. The Seller may change the prices of products available in the Store, introduce new products to on offer in the Store, run and cancel special offers on the Store website or introduces changes to them. The Seller’s right, referred to in the previous sentence, does not affect the orders placed by the Customer before the changes entered into force, including it does not impact the prices at which the Customer bought the products ordered.

 

§ 4. DELIVERY OPTIONS AND COSTS

  1. The Products bought in the Store may be delivered on the territory of Poland. Depending on the product, delivery may be possible to other countries listed on the Store website (see the ‘DELIVERY’ section).
  2. The products ordered are delivered to the Customer via Courier. Information on the delivery options and costs as well as delivery times are available on the Store website (see the ‘Delivery’ section).
  3. Information about delivery options and costs are also sent to the Customer during order placement procedure. Delivery costs, if any, are added to the ordered product(s) price and are covered by the Customer.

 

§ 5. PAYMENT OPTIONS AND THE LAUNCH OF ORDER PROCESSING

  1. Payment options for the product(s) ordered:

a) bank transfer before product is delivered,
b) bank transfer after you have received a pro-forma invoice by mail,
c) payment card. Payment cards are handled by PayU SA, ul. Grunwaldzka 182, 60-166 Poznań,
d) cash on delivery (COD).

  1. For more information about the payment options supported by the Store, got to ‘PAYMENT OPTIONS’ section.
  2. Order will be processed when amount due is credited to the Store’s bank account or when an order is placed in the case referred to under § 5 section 1 d above.
  3. The Seller may issue a pro-forma invoice to the Customer so that they can pay for the products ordered. If that is the case, the Customer should wire transfer the amount due within 14 days after having received the pro-forma invoice.
  4. If PayU-handled payment method has been selected, the payment should be made immediately after the Customer has placed the order.
  5. If the remaining payment methods have been selected, the Customer must make the payment within 14 days after having received order confirmation from the Seller.
  6. In the case of COD payment option, the Customer must make the payment upon receiving the product ordered. Otherwise the order will not be released to the Customer.
  7. If payments are not made within the abovementioned deadlines, the Store will cancel an order and will be released of the obligation to deliver.
  8. Details on payment handling processes and transaction security (including the terms and conditions of clearing services) are available on the websites of payment handling services.
  9. An order is launched once a payment is credited on the bank account (payment date). Standard order completion time is on average up to 48 hours. Maximum assembly time for products covered by an order will not exceed 14 working days. Completion (assembly) time is the time between the Customer order placement date and the date when the Store releases the products for shipment.
  10. An order placed for products of different completion Times will be shipped after all items have been assembled.
  11. If the maximum assembly time stated is exceeded while some products from the order are not assembled yet, the Store will notify the Customer of which products(s) is/are unavailable. If that is the case, the Store may offer the following solutions to the Customer:
    a) canceling the entire order – if the Customer choses this option, the Store will be released from the obligation to deliver,
    b) canceling the unavailable products – the order will then be delivered with respect to the available products only and the Store will not be obliged to deliver the unavailable products,
    c) consent to extending the order assembly time.
  12. If the Customer decides to cancel an order or its part and already made a payment, the Store would refund the amount already paid to the Customer (or its part if the Customer consented to deliver the order partially). The Store will refund the amount immediately yet no later than within 14 days after the Customer notified the Store of cancelling the order or its part. The Store will wire transfer the refund to the Customer’s bank account number used for making the initial payment for the products ordered or, upon the Customer’s acceptance, by a postal order.
  13. The Store is not liable for non-delivery of a product or its late delivery or order completion due to the Customer having stated delivery address incorrectly or imprecisely.
  14. In order to simplify and streamline the purchasing process, the Store and the Customer exchange e-mail correspondence. Within the correspondence the Customer will be receiving – to their e-mail address stated at registration – messages about the products they ordered. Each e-mail comes with an order number.

 

 

§ 6. WARRANTY

  1. Some of the products available from the Store may feature manufacturer’s warranty. Warranty conditions are set by the warranty issuers in warranty statements.
  2. A document confirming purchase serves as the basis for filing a warranty-based complaint (e.g. a receipt, an invoice). Your warranty rights should be performed in line with the terms and conditions set forth in the warranty.

 

 

§ 7. COMPLAINTS OVER DEFECTIVE PRODUCTS

  1. The Seller must deliver defect-free products.
  2. If a product bought is defective, the Customer – pursuant to the Civil Code regulations -- may:
    a) file a statement on price lowering;
    b) file a statement on terminating the agreement (the Customer cannot terminate the agreement if the defect is insignificant);
    c) request the product to be replaced with a defect-free one;
    d) request the defect to be removed.
  3. The Seller is liable under implied warranty for defects if a physical defect is detected within 2 (two) years after the product was released to the Customer.
  4. The claim for removing a defect or replacing a product with a defect-free one becomes time-barred one year after the defect has been detected. If the Customer is the Consumer, the running time for the claim to be time-barred cannot fall within two years after the product has been released to the Customer.
  5. Within deadlines introduced in section 4 above, the Customer may file a statement on terminating the agreement or on lowering the price due to a physical defect of the product sold. If the Customer requested a product to be replaced with a defect-free one or the defect to be removed, the deadline for filing the statement on agreement termination or price lowering is calculated starting from upon ineffective expiry of the deadline set for replacing the product or removing the defect.
  6. The Seller will process a complaint only if the claimed product is delivered together with purchase proof (e.g. a receipt, an invoice, a wire transfer confirmation) as well as the complaint is filed. A complaint must feature: (i) description of the defect revealed, (ii) the requested complaint handling procedure, (iii) the Customer’s contact information (full name, address, e-mail address), and (iv) the requested price lowering (exact amount) if the Customer requests price lowering. If a complaint filed fails to contain any of the above, the Seller may ask the Customer to supplement it. If a statement is filed on withdrawing from an agreement or price lowering, we recommend it to be filed with a bank account number for the refund transfer.
  7. The product subject to complaint and the complaint may be sent by regular mail to: Pracownia krawiecka "ZAREMBA", ul. Nowogrodzka 15, 00-511 Warszawa.
  8. The Seller will respond to the complaint within 14 days after it has been received and will notify the Customer of the handling procedure.
  9. If the complaint is valid, the Seller:
    a) will return total payments made by the Customer – in the case of withdrawing from the agreement, or
    b) will lower the price and will return appropriate amount to the Customer, or
    c) will repair or replace the product subject to complaint with a new one.
  10. Money (including the costs of sending the products subject to complaint to the Seller) are returned by a bank transfer to the bank account number stated by the Customer or – if they failed to state it – by a postal order to the address featured in the complaint. Money is returned within 14 working days after the complaint has been deemed valid.
  11. If the complaint is deemed invalid, the product is sent back to the Customer to the address stated in the complaint form.
  12. After the complaint procedure is over, the Customer being the Consumer may use out-of-court complaint handling procedures and claim seeking options. In particular, the Customer may opt for mediation procedures arranged by district offices of the Commercial Inspection or regular consumer courts operating under District Offices of the Commercial Inspection. Detailed information about out-of-court complaint handling procedures and claim seeking options to choose from, and their accessibility, are available in the local seats and the websites of consumer ombudsman, social organizations that protect consumers, and the District Offices of Commercial Inspection. Also, you will find important information in this respect on the website of the Consumer and Competition Protection Office at www.uokik.gov.pl. Using the out-of-court complaints and claim handling procedures is voluntary and only possible if both parties accept it. The abovementioned provision is an information only and does not mean the Seller accepted to be part of such out-of-court complaints and claim handling procedures.

 

§ 8. WITHDRAWING FROM AN AGREEMENT

  1. The Customer who is the Consumer may withdraw from the agreement within 14 days without any reason, subject to item 13 below.
  2. The 14-day deadline for withdrawing from an agreement is calculated:
  • from the date when the Customer (or the Customer-appointed third party other than the shipping company) took hold of an item, while in the case of an agreement: (i) which includes a number of items that are delivered separately, in batches or in parts – is calculated from the date the last item, batch, or part was taken hold of, (ii) where items are delivered on a regular basis for fixed period of time – is calculated from when the first item was taken hold of;
  • from the agreement date – in the case of other agreements (especially if the agreement refers to providing services electronically).
  1. The Customer may withdraw from an agreement by filing an appropriate statement with the Seller. The statement may be filed using the on-line form (‘RETURNS’ section) or sent to the Seller’s address: Pracownia krawiecka "ZAREMBA", ul. Nowogrodzka 15, 00-511 Warszawa (sample agreement withdrawal form is attached hereto). 
  2. The agreement withdrawal deadline referred to above is met if the Customer sends the appropriate statement before the deadline.
  3. If the Customer filed an agreement withdrawal statement before the Seller accepted the offer, the offer is no longer binding.
  4. Agreement withdrawal – the consequences:
  • In the case of withdrawing from an agreement, the agreement is deemed never made. Therefore, the Seller returns to the Customer any and all payments made, including item delivery costs (except for additional costs of the Customer-selected delivery option being other than the cheapest regular delivery option offered by the Store).
  • The payment will be returned immediately and in any case not later than 14 days after the Seller had received the Customer’s agreement withdrawal statement.
  • Payment will be returned by the Seller using the same method as the one selected by the Customer when making the underlying payment unless the Customer expressly consented to process it otherwise; in any case, the Customer will not be charged with any fees linked to the return.
  1. The Seller may wait to return the payments to the Customer until receiving the items back or until the Customer proves to the Seller that the items have been shipped back – whichever comes first.
  2. The Customer must return the item to the Seller (address: Pracownia krawiecka "ZAREMBA", ul. Nowogrodzka 15, 00-511 Warszawa) immediately, in any case not later than 14 days after the Customer notified the Seller of the agreement withdrawal. The deadline is met if the Customer sends the item back within these 14 days.
  3. Direct costs of returning the items to the Seller (packaging costs, protection, shipment) are borne by the Customer, i.e. the Customer ships back the product at their cost which is non-refundable.
  4. The Seller does not accept COD returns.
  5. The Customer is only liable for the loss of value caused by using an item to the extent wider than necessary to ascertain its nature, features and functioning.
  6. If the Customer only returns part of the products ordered, after the return is booked, the Customer is sent a receipt or an invoice covering the remaining products that the Customer had not returned.
  7. The agreement withdrawal right is not available in the case of agreements:
  • governing the provision of services, if an entrepreneur fully provided the service upon consumer’s express consent and if the consumer had been informed before the service provision was launched that once the entrepreneur performs the consumer loses the agreement withdrawal right;
  • governing the provision of sound records or visual records or computer software supplied in a sealed package, if the package was open after the delivery;
  • for the delivery of dailies, periodicals or magazines, except for a subscription plan agreement;
  • for the delivery of digital content that is not recorded on a tangible medium if the performance had been started upon the consumer’s express consent before the agreement withdrawal deadline expired and after they had been informed by the entrepreneur about losing the withdrawal right.

 

§ 9. NEWSLETTER

  1. The Customer may subscribe for a Newsletter from the Store.
  2. Newsletters (with information linked to the Store, including commercial information) are only e-mailed to the Customers who consented to it and stated their e-mail addresses.
  3. The agreement for the Newsletter services is made when the Customer expresses the will for the Seller to be providing this services upon placing an order or registering in the Store when the Customer choses the option to receive the Newsletter from the Seller or orders the Newsletter services.
  4. The Customer may at any time (without termination notice) cancel the Newsletter subscription and (therefore) revoke their consents expressed in this respect by means of changing the Newsletter settings on their account (if the Customer registered in the Store) or by sending an e-mail canceling the service (revoking the consents) in this respect using the contact form available in the Store (‘CONTACT’ option).

 

§ 10. MAKING AND TERMINATING AGREEMENT FOR THE PROVISION OF SERVICES ELECTRONICALLY – MAINTAINING CUSTOMER ACCOUNT

  1. The agreement for maintaining the Customer Account by the Store is made upon the acceptance of the registration form.
  2. The Customer may at any time (without notice) terminate the agreement for the provision of services being the maintenance of the Customer Account in the Store. To this end, the Customer should e-mail an appropriate request using the contact form available in the Store (‘CONTACT’ option).
  3. If the Customer choses to resign from the service, the Customer Account is deactivated.

 

§ 11. FINAL PROVISIONS

  1. The Seller seeks to provide the highest level services in the Store yet cannot exclude the Store might be temporarily unavailable for maintenance, malfunction or upgrade purposes.
  2. Any matters not addressed herein are subject to these regulations:
    a) Civil Code Act of 23 April 1964,
    b) Personal Data Protection Act of 29 August 1997,
    c) Consumer Rights Act of 30 May 2014,
    d) Provision of Services Electronically Act of 18 July 2002, 
    e) Unfair Market Activities Act of 23 August 2007,
    f) Copyright and Neighboring Rights Act of 4 February 1994.
  3. The Seller exercises due diligence to make sure product descriptions are as accurate as possible. Materials featured on the Store website, including its items, are legally protected. Product descriptions, photos, scripts and other files being part of the Store are owned by the Seller or have been used by the Seller upon the consent of their creators or eligible entities.
  4. Intellectual rights to the products offered are owned by their manufacturers. Any potential use of these materials requires the consent of relevant entities.
  5. Names of the products sold by the Store are used for identification purposes and may be protected and registered pursuant to Industrial Property Law of 30 June 2000.
  6. The Seller may change these Terms and Conditions (including the changes to the Store use conditions and the services available from the Store). The Customers will be notified of such changes 14 days in advance. Information on these changes and their entry date will be communicated to the Customers electronically by announcements on the Store website. The Customers who have Accounts will be additionally notified of the changes to the Terms and Conditions (their list and entry date) in a message sent to their e-mail address stated in their registration form. If the Customer does not accept the new wording of the Terms and Conditions, they may terminate the agreement with immediate effect within 14 days after having been informed of the changes – to this end, the Customer must file a statement using the contact form available in the Store (‘CONTACT’ option) or send it to: Pracownia krawiecka "ZAREMBA", ul. Nowogrodzka 15, 00-511 Warszawa. Orders placed before changes to the Terms and Conditions become valid are processed and settled based on the wording of the Terms and Conditions valid as at the order placement date.
  7. Potential disputes over the execution of these Terms and Conditions will be addressed before the competent court of law.
  8. These Terms and Conditions are valid since 30 January 2016.

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Cookies and other technologies policy.
1. Cookies are text files stored on end user’s device drive, used by the server to recognize the user's device when you reconnect. Cookies are collected on each ‘entrance’ to and ‘exit’ from the Store. Cookies are not used for determining the identity of users yet that of their devices only.
2. Maciej Zaremba, who runs business under the name Pracownia krawiecka "ZAREMBA" in Warsaw, ul. Nowogrodzka 15, entered in the Business Activity Register kept by the Tax Office in Pruszków, taxpayer’s ID: 534-218-15-04, hereinafter ‘the Store’, uses cookies to recognize and remember user information. This supports more precise identification of individual user needs and therefore offering better services and more suited to requirements.
3. Also, the Store uses cookies for these purposes:
o statistical – which allows developing, for internal and vendor purposes, statistics of the Store activity and user visits,
o displaying ads in the Store – especially to specify the content of ads displayed on a specific end device,
4. Cookies may be used by business partners cooperating with the Store: advertisers, research companies and app suppliers. In particular, you may receive cookies from companies running ad campaigns on our pages for advertisers cooperating with the Store. For more information on these cookies, please go to the websites of third parties.
5. The Store uses Google Analytics – Internet analytical service by Google Inc. Google Analytics uses cookies in order to support assessing users’ experience of our webpages, compiling reports on the activity on our webpages and providing other services concerning the activity on websites and Internet use. For more information on Google Analytics privacy policy, go to www.google.com/analytics/learn/privacy.html. Also, users may install in their browsers an add-on to block Google Analytics (available here) to prevent Google Analytics from gathering information about entering websites.
6. Each user may not agree to have cookies installed on their end device. To this end, you need to disable downloading and storing cookies in your browser. Go here to find out how to disable downloading and storing cookies in the most popular web browsers. Go here to find out how to disable downloading and storing cookies in the most popular web browsers.
7. Deleting cookies may prevent you from using some functionalities of the Store.
8. Other technologies. To ensure streamlined use of the Store and to better match ads to a user and their interests, we also use other technologies, such as Local Storage. It is used to store data recorded while using the Store in a separate part of the browser's memory. Local Storage data are only accessible by the webpage data comes from. Data are stored in Local Storage by the browser after it is closed. User may delete the data by means of a dedicated software, e.g. plug-ins, third party software.