Terms and Conditions
Regulations of consumer sales conducted within the framework of zergastudio.com website
1 General provisions
1.1 These Regulations define the conditions of sale of hair for collectible dolls products through the online store available at www.zergastudio.com.
1.2 These Regulations constitute a model contract for consumer sales services provided through the Service.
2.1 Customer - a natural person purchasing Products through the Service for non-business purposes. In order to purchase Products through the Service, the Customer must create a Customer Account in accordance with the provisions of the Terms and Conditions of the Service.
2.2 Customer Account - an account created within the Service, in accordance with the provisions of the Terms and Conditions of the Service, allowing the Customer to use the services provided by the Seller through the Service.
2.3 Products - products sold by the Seller through the Service.
2.4 Rules and Regulations - these rules and regulations, specifying the terms and conditions of sale of Products through the Service.
2.5 Rules and Regulations of the Service - the rules and regulations, available on the website www.zergastudio.com, defining the terms and conditions of using the Service.
2.6 Service - the website www.zergastudio.com, used to provide services described in detail on this website, including in particular the sale of Products.
2.7 Seller – Emilia Machnik, conducting business under the name ZERGA STUDIO Emilia Machnik with the place of business at: plac Wolności 10/3 , Szczecinek 78-400, Poland, NIP: 673-182-08-44, Regon: 320470844, registered in the Central Register and Information on Business Activity. Contact information: e-mail: firstname.lastname@example.org, telephone 0048 536 999 903.
2.8 Parties - the Seller and the Customer.
2.9 Contract - a contract of sale of Products concluded by the Customer and the Seller through the Service.
2.10 Order - an offer made by the Customer to purchase the Products presented on the Site.
3.1 Conclusion of Agreements through the Service, requires registration and creation of a Customer Account, and acceptance of the Terms and Conditions of the Service (available on the website https://zergastudio.com/en_US/i/TERMS-CONDITIONS/16 )
3.2 In the scope not regulated by these Terms of Service (in particular: registration; rules of using the Service; processing of personal data; notifications) the provisions of the Terms of Service zergastudio.com apply, the acceptance of which is necessary to use the Service.
4 Sale of Products
4.1 The Seller provides services through the Service consisting in the sale of Products.
4.2 Placing an Order:
4.2.1 The Customer shall place an Order for Products using the functionalities of the Service available after logging into the Customer Account.
4.2.2 After placing an Order, the Customer receives an automatically generated e-mail confirming the receipt of the Order by the Seller (each order is placed individually and it is not possible to combine several orders into one shipment, the Customer may place an additional order for new products, which will be treated as a separate order and sent independent of previous orders).
4.2.3 The customer may withdraw from the submitted Order until the conclusion of the Contract.
4.2.4 The Order shall be executed immediately, subject to the availability of the Products.
4.2.5 In the case of temporary unavailability of the Products, the Seller shall inform the Customer immediately, no later than within 14 days from the date of placing the Order, of the status of the Order, and the Customer shall have, within 7 days of obtaining such information, the opportunity to decide on a change in the manner of fulfillment of the Order, by choosing:
(i) wait for the execution of the Order;
(ii) withdraw from the Order;
(iii) The Customer may also choose to partially fulfill the Order (in relation to the Products available) and partially withdraw from the Order or wait for the possibility of its fulfillment.
If the Customer does not make the aforementioned choice within 7 days from the information about temporary unavailability of the Products, he shall be deemed to have withdrawn from the Order in its entirety.
4.2.6 In the case of permanent unavailability of the Products, the Seller shall inform the Customer within 14 days from the date of placing the Order about this fact and the conclusion of the Contract shall not occur.
4.3 The conclusion and execution of the Product Sales Contract shall take place in accordance with the following rules:
4.3.1 The presentation of Products on the Site does not constitute an offer within the meaning of the Civil Code.
4.3.2 By placing an order, the Customer makes an offer to purchase the Product from the Seller.
4.3.3 The automatically generated message, described in paragraph 4.2.2. does not constitute a statement of acceptance of the offer.
4.3.4 The Contract is concluded:
(i) in case the Seller fails to provide the Customer with the information specified in paragraph 4.2.5 or 4.2.6 within 14 days from the date of the Order - upon expiration of this period;
(ii) in the event that the Seller provides the Customer with the information specified in paragraph 4.2.5 - upon the Customer's selection of the Order execution method.
(iii) If the Customer pays the price of the Product and the cost of delivery before the expiration of the aforementioned deadlines, the Contract shall be deemed to be concluded at the time of the Customer's payment; however, in the event of temporary unavailability of the Goods specified in Paragraph 4.2.5, the Customer shall have the right to exercise the rights set forth in this paragraph (with the relevant provisions regarding "Order" applying to "Contract"). In case of permanent unavailability of the Products, the concluded Contract shall be terminated. In the event of withdrawal or termination of the Contract, the Seller shall immediately (no later than within 30 days from the date of conclusion of the Contract) refund the entire price paid to the Customer.
4.3.5 When concluding an Agreement for the sale of Products through the Website, the parties are bound by the amount of the prices of the Products and delivery costs stated on the Website at the time the Customer places the Order.
4.3.6 When placing an Order, the Customer shall select the method of payment:
(i) payment on delivery upon receipt;
(ii) payment by bank transfer,
(iii) electronic payment.
Foreign shipments can only be paid by bank transfer or electronic payment.
4.3.7 If payment by bank transfer is selected, delivery of the Products shall be made upon receipt of the amount due by the Seller. Failure by the Customer to pay the price of the Product and the cost of delivery within 7 days of placing the Order is considered as withdrawal from the Contract by the Customer.
4.3.8 Delivery of the Products shall be made by the method selected by the Customer, chosen in the Order from among the delivery methods proposed by the Seller.
4.3.9 The date of receipt of the Product depends on the Seller's lead time for the Order (always specified with the Order) and the delivery period (confirmed each time by the courier). Delivery is made by third parties and the delivery period depends on these parties. Delivery via the Polish Post is made by priority mail with a delivery period set by the Polish Post of two days. Delivery by Inpost parcel post is made with a delivery date set by Inpost for two days. UPS delivery is made according to the delivery time depending on the country
4.3.10 Along with the shipment, the Customer receives an invoice and a printout of the Order specification.
4.3.11 The Customer is obliged to check the condition of the shipment upon receipt. If the shipment is found to be damaged or suspected to be damaged, the Customer should draw up a damage report, including a detailed description of the condition of the shipment, signed by the person delivering the shipment. Failure to comply with these obligations, does not deprive the Customer of its rights under applicable regulations.
4.3.12 The Customer is obliged to take delivery of the shipment delivered in the manner chosen by the Customer in accordance with paragraph 4.3.8 above. In the event of non-collection of the shipment, the Customer shall be obliged to cover the cost of returning the Products to the Seller, in accordance with the price list of the delivery agent. In addition, in case of non-collection of the shipment and ordering the Seller to make another delivery, the Customer shall be obliged to pay the costs of such another delivery.
4.4 Prices quoted on the Website are gross prices and include value added tax .
4.4.1 In addition to paying the price of the Product, the Customer is obliged to pay the delivery costs, depending on the selected delivery method. The amount of the delivery costs shall be made available by the Service Provider in such a way that the Client can get acquainted with it before choosing the delivery method and placing an order.
4.5 The Seller reserves the right to make at any time, without justification and without additional notice:
4.5.1 change the prices of the Products presented on the Website and the costs of delivery (dependent on the remuneration costs charged by third parties), subject to paragraph 4.3.5;
4.5.2 introducing and withdrawing Products;
4.5.3 conducting or cancelling promotional actions and sales, as well as making changes to their terms and conditions.
4.5.4 to introduce additional amount coupons or discount coupons for the customer, with the proviso that only one coupon can be used for one order, within one order coupons do not combine and do not add up. Coupons also do not combine with current promotions.
Changes made in accordance with paragraph 4.5 do not apply to Orders placed before such change.
4.6 When making an Order, the Customer may specify that he is interested in receiving an invoice . Such invoice is issued at the time of completion of the Order (total or partial) and is sent together with the ordered Products and via email.
4.7 The Seller informs that a limited number of goods is intended for promotional sales and sales outlets, and the fulfillment of orders follows in the order of receipt of confirmed orders for these goods, until the stocks covered by this form of sales are exhausted.
4.8 The Customer agrees to propose Products on the basis of an automated comparison of the Customer's previous purchases and the preferences of other Customers.
4.9 Right of withdrawal from the Contract
4.9.1 The Agreement concluded in accordance with the provisions of this Chapter shall constitute a distance contract within the meaning of the Consumer Rights Act of May 30, 2014 (hereinafter referred to as the "Act").
4.9.2 The method and time limit for exercising the right of withdrawal from the Contract are described in detail in Appendix number 1 to these Terms and Conditions with the wording consistent with Appendix number 1 to the Act.
4.9.3 Exercise of the right of withdrawal from the Contract may be exercised by using the form of withdrawal from the Contract, included in Appendix number 2 to these Regulations with the content consistent with Appendix number 2 to the Law.
4.10 Seller's responsibility for the quality of the Product
4.10.1 The Seller shall be liable for defects of the item in accordance with the provisions of the Civil Code, in particular Article 556 et seq. of the Civil Code.
4.10.2 In accordance with the provisions of the applicable law, the Seller shall be obliged to provide things of proper quality and free from defects as defined by the Civil Code.
4.11.1 In case of occurrence of the following in the Product: non-conformity with the contract, physical defects and damage caused during delivery, the Customer has the right to use the complaint procedure described below. To the extent not regulated in the provisions below, the provisions of the Law and the Civil Code shall apply.
4.11.2 Complaint can be made in writing by sending it to the address Plac Wolności 10/3 , 78-400, Szczecinek, Poland. Complaints can also be submitted by email: email@example.com
4.11.3 Complaint is reported by sending the Product to the address of the Seller, together with a written statement of willingness to use the complaint procedure (the Seller does not accept cash on delivery).
4.11.4 The Seller shall consider the complaint within 14 days from the date of receipt of the statement of intent to use the complaint procedure and the Product.
4.11.5 If the complaint is accepted, the Product will be repaired or replaced with an identical Product free of defects. If repair or replacement is not possible, the Seller will refund the price of the Product to the Customer, as follows:
(i) to the bank account indicated by the Customer in the statement of intent to use the complaint procedure, or.
(ii) by postal order to the address indicated by the Customer in the Order, unless the Customer indicates a different address in the statement of intent to use the complaint procedure.
(III) by making a refund through the selected electronic payment method.
4.11.6 If the complaint is not accepted, the Seller will inform the Customer, who may pick up the Product from the Seller, or the Product will be sent to the Customer's address.
4.12 Termination of the Service Agreement for any reason or discontinuation of the Service shall not affect the Product sales agreements concluded through the Service.
5 Change of Terms and Conditions
5.1 The Seller reserves the right to amend the Terms and Conditions at any time.
5.2 The Customer will be informed about changes to the Terms and Conditions when logging into the Website. Acceptance of the amended Terms and Conditions will be a condition of using the Service. In case of non-acceptance of the amended Regulations, the Customer's Account will be deleted and the agreement concluded with the Customer will be terminated.
5.3 An amendment to the Terms and Conditions does not affect the execution of Agreements for the sale of Products concluded through the Service before the amendment.
6 Final Provisions
6.1 The law applicable to Services provided (including contracts for the sale of Products) under these Terms and Conditions shall be Polish law.
6.2 In the event that any provision of these Terms and Conditions should become invalid, these Terms and Conditions shall remain in force to the remaining extent, provided that they are capable of application without regard to the invalid provision.
6.3 In the event that disputes over property rights arise under this Agreement, the Customer shall have the right to apply to a permanent arbitration consumer court established under the Commercial Inspection Act of December 15, 2000.
APPENDIX NUMBER 1 TO THE REGULATIONS - RULES OF WITHDRAWAL FROM THE CONTRACT
7. Right of withdrawal from the contract
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline for withdrawal expires after 14 days from the day on which you took possession of the item(s) (Products) or on which a third party other than the carrier and indicated by you took possession of the item(s) (Products).
To exercise your right of withdrawal, you must inform the seller - i.e. Emilia Machnik, doing business under the name ZERGA STUDIO, address: Plac Wolności 10/3 , 78-400, Szczecinek , Poland, email: firstname.lastname@example.org, about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail or e-mail).
You may use the model withdrawal form, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send information on the exercise of your right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from your choice of a delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with the refund. We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first.
In the case of use of a promotion under which the Customer purchases products at a reduced price on condition that other products are purchased (e.g., the "two products + 1 for PLN" promotion, or the "one product + one product for 50%" promotion) - return of one of the products purchased under the promotion or withdrawal from the contract with respect to only a part of the products covered by the promotion is tantamount to cancellation of the Customer's participation in the given promotional action/. In such a situation, the Customer loses the right to purchase products at the reduced promotional price, which may result in the need to pay for products previously covered by the promotional price.
Please send back or give us the item (Products) to ZERGA STUDIO, address: Plac Wolności 10/3 , 78-400, Szczecinek , Poland immediately, and in any case no later than 14 days from the day on which you informed us about withdrawal from this contract. The deadline is met if you send back the item before the expiry of the 14-day period.
You will have to bear the direct costs of returning the item (Products).
You will be liable only for the diminution in the value of the thing (Products) resulting from using it in a manner other than necessary to determine the nature, characteristics and functioning of the thing.
APPENDIX NUMBER 2 TO THE REGULATIONS - WITHDRAWAL FORM
(this form should be completed and sent back only if you wish to withdraw from the contract)
- Addressee [here the trader should enter the trader's name, full postal address and, if available, fax number and e-mail address]: ______________________________________
- I/We() hereby inform/inform() about my/our withdrawal from the contract of sale of the following items: ____________________________________________________________________________
- Date of conclusion of contract()/collection(): ___________________________________________________
- Name of consumer(s): ___________________________________________________
- Address of consumer(s): _____________________________________________________________
- Consumer(s) signature: ____________________________________________________________
- Date: __________________________________________________________________________________
(*) Unnecessary deletion.