Regulations
Regulations
§ 1 General Provisions
1. These Rules and Regulations govern the use of the Online Store, operated at http://shop.zikelabs.pl/ (hereinafter referred to as the "Online Store").
2. The Internet Shop, is operated by ZiKE Labs sp. z o.o. with its registered office in Rzeszów, at Tadeusza Boya-Żeleńskiego 25, 35-105 Rzeszów, registered in the National Court Register kept by the District Court in Rzeszów, XII Economic Department of the National Court Register under KRS no.: 0000609162, NIP: 8133719094, REGON: 364042090, share capital: PLN 5,000.00 (hereinafter referred to as "ZiKE Labs").
3. Entrepreneur's contact details, enabling the Customer to contact the Seller:
1) postal address: Tadeusza Boya-Żeleńskiego No. 25, 35-105 Rzeszów;
2) telephone number: 790 690 618;
3) e-mail address: shop@zikelabs.pl
4. The Rules and Regulations of the Online Store are placed continuously on the website http://shop.zikelabs.pl/regulamin in a manner that allows customers to obtain, reproduce and record their content.
§ 2 Definitions
The terms used in these Regulations mean:
1. Consumer - it is a natural person within the meaning of Article 22[1] of the Civil Code;
2. Individual Entrepreneur - a natural person who enters into a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity;
3. Online store - online store operated at http://shop.zikelabs.pl/ by ZiKE Labs;
4. Seller - ZiKE Labs sp. z o.o., with its registered office at Tadeusza Boya-Żeleńskiego 25, 35-105 Rzeszów, registered in the National Court Register kept by the District Court in Rzeszów, XII Economic Department of the National Court Register under KRS: 0000609162, NIP: 8133719094, REGON: 364042090, share capital: PLN 5,000.00;
5. Civil Code - the Act of April 23, 1964. - Civil Code;
6. Goods and Services - all services provided and goods that are the subject of a sales contract between the seller and the buyer;
7. Rules and Regulations - these rules and regulations for the provision of services by electronic means within the meaning of Article 8 of the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws of 2020, item 344);
8. Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes or plans to make an Order within the scope of the Online Store using electronic means;
9. Order - a declaration of will of the Customer, in which the Customer accepts the Seller's sales offer, which includes, in particular, the price, type, quantity of Goods or Services for sale via the Online Store;
10. Consumer Rights Act - the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2020, item 287, as amended);
11. Act on Providing Services by Electronic Means - Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws of 2020, item 344).
§ 3 Rules of using the online store
1. The prices of all goods and services offered by the Store are gross prices (including VAT) and are expressed in Polish zloty. Deviations from the principle of Polish currency are clearly marked.
2. Prices appearing on the website of the Online Store, as well as descriptions of goods and services, are only commercial information and not an offer within the meaning of the Civil Code. They become binding - for the purpose of concluding a specific contract - only upon confirmation of acceptance of the order for execution by the Seller.
3. To place an order in the Online Store, it is necessary to accept these Regulations.
4. In order to effectively place an order in the Online Store, it is necessary to have a device with access to the Internet, allowing you to browse the web, as well as a keyboard or other device that allows you to correctly fill out electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.
5. The Online Store website uses Responsive Web Design (RWD) technology, which adapts the content of the website to the device on which it is displayed. The Store's website is prepared to be displayed on both desktop computers and mobile devices.
6. The Store's website has an SSL certificate - a secure protocol for encrypting communication.
§ 4 Terms and conditions of concluding a sales contract
1. Orders in the Online Store can be made by filling out the appropriate forms available on the store's pages.
2. When placing an order, the customer is required to provide correct personal data: first and last name, address, e-mail address and cell phone.
3. Upon receipt of the order, the Seller confirms its receipt and at the same time informs that the Order has been accepted for processing. Confirmation of the order is made by the Seller sending the Customer an appropriate e-mail message to the address provided in the order form. As soon as the Seller confirms acceptance of the order for execution, the contract is considered concluded.
4. Making available and fixing the content of the sales contract takes place by making these Terms and Conditions available on the website of the Online Store, sending the appropriate information to the Customer's e-mail address provided when placing the order, referred to in § 4 item. 4.2.
5. Making Orders in the Online Store is possible 24 hours a day, all days of the year.
§ 5 Method of payment and payment term
The Online Shop offers the following payment methods:
1) Transfer directly to the seller's bank account (traditional transfer) to:
Recipient: ZiKE Labs Sp. z o.o., ul. Boya-Żeleńskiego 25, 35-105 Rzeszów
Bank name: Santander Bank Polska S.A.
Bank account number PLN: 40 1090 2750 0000 0001 3285 3167
EURO bank account number: PL71 1090 2750 0000 0001 3286 5413
Bank SWIFT code: WBKPPLPP
2) Transfer to the seller's account via the transaction operator Przelewy24: e-transfer and payment by card
The goods will be dispatched upon receipt of e-mail information from the Przelewy24 operator about the payment made by the Customer.
2. After placing an order, the Customer is redirected to the site of the payment operator, i.e. Przelewy24.
3. If you choose to pay by bank transfer directly to the seller's account, you will receive by email (e-mail) a document for payment with the bank account number to which the correct amount should be transferred. As soon as the payment is credited to the bank account of the ZiKE Labs store, the order is transferred for execution.
4. The online store allows payment of the amount due via the following external electronic payment services: Przelewy24
5. The customer is obliged to make payment by one of the above methods within 3 calendar days from the date of conclusion of the sale.
6. If the Customer fails to make payment within the period specified in paragraph 4, the Seller may withdraw from the Sales Agreement. Withdrawal from the contract shall be made by submitting to the Customer, by e-mail to the electronic address provided by the Customer, a statement of intent to withdraw. In such case, the Sales Agreement will be considered not concluded and the order will be considered cancelled. Under such circumstances, neither the Customer nor the Seller will be obliged to each other for any performance.
§ 6 Delivery
1. The ordered goods shall be delivered to the address indicated by the Customer in the order form.
2. The shipping time of the goods is marked on the pages of the Online Store and ranges from 24 hours to 14 working days. The Seller will make every effort to deliver the goods within the time specified in the product card in the online store. If it is not possible to deliver the goods within the aforementioned time, the Customer will be informed immediately.
3. Delivery of ordered Goods shall be made via: DPD courier, InPost parcel machines.
4. When the goods are handed over to the courier company, the Customer is notified by sending an e-mail to the address provided in the order.
5. The Customer may also pick up the ordered goods in person at the ZiKE Labs headquarters.
6. The cost of delivery of the Goods, which, in addition to the price for the Goods, shall be borne by the Customer, is indicated on the Store's website when placing the Order.
7. In the case of personal collection of the goods from a place other than the seller's premises, the costs of delivery of these goods to a place other than the seller's premises shall be borne entirely by the Customer.
8. Upon receipt of the goods, the Customer is obliged to confirm their receipt. From then on, the goods become the property of the Customer.
§ 7 Withdrawal from the contract
- A Customer who is a Consumer or an Individual Entrepreneur who has concluded a contract at a distance or off-premises, has the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods to him without giving any reason.
- In order to exercise the right of withdrawal, the Consumer or Individual Entrepreneur, should make a statement to the Seller in this regard. To meet the deadline it is sufficient to send the statement before its expiration. The Consumer or Individual Entrepreneur may submit a statement of withdrawal in any way. The Seller recommends submitting a statement of withdrawal on the form provided to him by the Seller, which can be sent by mail to the address: ZiKE Labs sp. z o.o., Tadeusza BOYA-Żeleńskiego nr 25, 35-105 Rzeszów. A Consumer or an Individual Entrepreneur can also do it electronically using an electronic withdrawal form sent to the seller's email address shop@zikelabs.pl. To meet the deadline it is sufficient to send the statement before its expiration. Statement of withdrawal submitted after the deadline referred to in §7 item 1 has no legal effect.
- The form of declaration of withdrawal (Appendix No. 1 to these Regulations) is provided to the Customer in paper form (in the documentation attached to the shipment) and in electronic form (as an attachment to the electronic correspondence confirming acceptance of the order for execution).
- If the Customer submits a statement of withdrawal electronically via an electronic withdrawal form, the Seller will immediately send a confirmation of receipt of the statement of withdrawal (on a permanent data carrier within the meaning of Article 2 item 4 of the Consumer Rights Act).
- The Customer is obliged to duly secure the returned goods in such a way as to prevent them from being damaged in transit (direct cost of returning the item - in accordance with Article 34 paragraph 2 of the Consumer Rights Act). The Consumer or Individual Entrepreneur shall bear the direct cost of returning the goods.
- The Customer is obliged to return the item immediately, but no later than within 14 days from the date on which he withdrew from the contract. The Seller may stipulate that in the event of withdrawal from the contract, the thing to be returned will be collected by him or a person authorized by him.
- If the delivered goods are incomplete, or bear traces of use beyond the ordinary management of the thing, the Seller reserves the right to refuse to accept the shipment, or to reduce the returned amount by the equivalent of the damaged goods.
- In the case of withdrawal from the contract by the Client, the payment made for the goods will be transferred to the Client's bank account immediately, but no later than within 14 days from the date of receipt by the Seller of the Client's statement of withdrawal from the contract, and the Seller shall not bear the cost of delivery.
- The Seller declares that the return of payment referred to in § 7 item 9 of the Terms and Conditions will be made using the same method of payment used by the Client. The Seller, in consultation with the Customer, may determine another method of return, which will not involve additional costs for the Buyer.
- The Seller declares that the right of withdrawal does not apply to contracts covered by Article 38 of the Law on Consumer Rights, including, among others:
1) for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer or Individual Entrepreneur, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract;
2) whose object of performance is a non-refabricated thing, produced according to the Client's specifications or serving to meet his individualized needs;
3) whose object of performance is an item supplied in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
4) whose object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
5) for the supply of digital content and electronic licenses that are not recorded on a tangible medium, if the performance has begun with the express consent of the customer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right to withdraw from the contract;
6) the subject of which is a perishable item or an item with a short shelf life, and in which the subject of performance is an item that after delivery, due to its nature, is inseparably combined with other items;
6) the object of which is a perishable object or an object that has a short shelf life, and in which the object of performance is an object that after delivery, due to its nature, becomes inseparable from other things;
7) for the supply of newspapers, periodicals or magazines, except for a subscription contract;
8) concluded through a public auction;
9) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
10) of which the Consumer or the Individual Entrepreneur expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides additional services other than those requested by the consumer, or provides things other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
11) in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
12) in which the subject of performance are things which, after delivery, due to their nature, become inseparably connected with other things;
13) in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiry of the deadline for withdrawal from the contract.
11. The above rights do not apply to a Customer who is not a Consumer or Individual Entrepreneur. In this case, the rules and deadlines for withdrawal from the contract are governed by the provisions of the Civil Code.
12. By concluding the contract, the Customer confirms that he/she is familiar with the content of these Regulations, including confirms that he/she has been notified of the right to withdraw from the concluded contract of sale within 14 days from the date of delivery of the goods to him/her.
§ 8 Complaints
1. The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular the Civil Code (in particular Articles 556-576 of the Civil Code).
2. If the Customer is not a Consumer or an Individual Entrepreneur:
1) liability under warranty for physical defects of goods is excluded (Article 558 et seq. of the Civil Code),
2) the Seller's liability covers only the actual damage;
3) the Seller's liability is limited to the value of the order;
4) The Seller shall not be liable for the acts and omissions of third parties, including mail providers, Internet services, etc.;
5) The Customer who is not a Consumer or an Individual Entrepreneur shall be obliged to examine the Goods within 2 calendar days from the date of receipt, in order to verify the compatibility of the Goods with the sales contract (i.e. the completeness of the order and the quality of the delivered Product) and report to the Seller, within the above period, any objections. A Customer who is not a Consumer, who did not report objections within the indicated period, loses the right to invoke them in the future.
3. In the case of finding mechanical damage, which occurred during delivery or in the case of directing a complaint to the Seller, the Buyer should send information about this fact by mail to the address ZiKE Labs sp. z o.o., Tadeusza BOYA-Żeleńskiego nr 25, 35-105 Rzeszów or by e-mail to shop@zikelabs.pl. In the notification it is recommended to indicate the defect, which, according to the customer, the goods have, and if possible - to document the defect in question, the date of occurrence of the defect, the request for a method of bringing the goods into conformity with the contract in accordance with Article 560 et seq. Civil Code, and to provide contact information. The above requirements are recommendations, their absence does not affect the effectiveness of the complaint.
4. The Seller shall, within 14 days of receipt of the notification, respond to the notification. Failure of the Seller to respond within the above period means that the Seller has recognized the complaint as justified.
5. The Seller shall inform the Customer about the possibility of using out-of-court methods of handling complaints about the Goods, including by submitting by the Customer, after the end of the complaint procedure, an application for mediation or an application for consideration of the case before an arbitration court (the application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court settlement of claims after the complaint procedure is free of charge. In the case of a Customer who is a consumer, wishing to use the out-of-court method of claim investigation, there is additionally the possibility of filing a complaint through the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.
§ 9 Rules of publishing opinions
1. Each Customer may publish opinions about goods/services in the appropriate place on the Store's website. The opinion should be written in Polish with observance of the rules of correct Polish.
2. Opinions are subjective statements of the Customers. The Seller shall not be held liable for their content.
3. The Customer declares that his/her statement does not violate any applicable laws or the rights of third parties. He bears full responsibility for the statements posted by him on the Online Store.
4. The submitted opinion is subject to verification by the seller in terms of checking whether the opinion does not contain prohibited content, i.e. in particular when the opinion violates applicable laws, contains prohibited content, advertising, personal data, violates copyright, etc.
§ 10 Personal data
1. The administrator of personal data is the Seller.
2. The rules of personal data protection can be found in the Privacy Policy of the Online Store available at http://shop.zikelabs.pl/polityka-prywatnosci.
§ 11 Final provisions
1. The Seller reserves the right to make changes to these Terms and Conditions for important reasons. Any changes to the Terms and Conditions shall come into force on the appropriate date indicated by the Seller, but not less than 7 days.
2. The amended Regulations are binding on the Buyer/Customer if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been observed, that is, the Buyer/Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification.
3. Pursuant to Article 8(3)(2)(b) of the Act on Providing Services by Electronic Means, the entity using the online store website is obliged not to post unlawful content on the website.
4. In matters not regulated by these Regulations, the relevant provisions of the Civil Code and the Consumer Rights Act will apply.
5. These Regulations are available at http://shop.zikelabs.pl/regulamin.
6. Contracts with the seller are concluded in the Polish language.
7. The Regulations enter into force on 15.10.2022.
