RULES OF THE ZOMBIE DASH ONLINE STORE
The Seller and the owner of the Online Store is Zombie Dash Sp. z o.o. with its registered office in Warsaw (00-634) at Ulica Jaworzyńska 5/1, entered into the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for the Capital City of Warsaw, in Warsaw, 12th Commercial Division, at KRS number: 0000490200, Tax Identification Number (NIP): 7010406888, National Business Register Number (REGON): 1470288243
Contact details of the Seller, and means of communication:
• by phone, at the following number: +48 603 624 633;
• by e-mail, at the following address: [email protected];
• by post, at the following address: Ulica
Jaworzyńska 5/1; 00-634 Warszawa.
§ 1. DEFINITIONS
Lead Time – the time in which the order is completed and then issued to the carrier in order to deliver the Goods to the address indicated by the Customer; the Lead Time does not include the delivery time (the time between the release of the Goods by the Seller to the carrier, and its release to the Customer);
Business Days – weekdays from Monday to Friday (excluding public holidays);
Customer – the entity that has full capacity to enter into legal transactions, who, under the conditions specified in the Rules, places an Order in the Online Store, and for whom services are performed electronically;
Account – a modifiable element of the Online Store dedicated to the Customer, created after the Customer has Registered;
Basket – an integral part of the Online Store and the purchase system, where the Customer approves the conditions of the Order, i.e., the type and quantity of Goods, delivery information / invoice information, payment method;
Newsletter – a free service performed electronically, by means of which the Online Store informs Customers about new materials and events occurring as part of the Online Store’s activity, by regularly sending selected edited content in the form of an electronic letter.
Rules – these rules of the Online Store;
Registration – the procedure carried out by the Customer in the manner specified in the Rules, in order to complete the Order and use specific functions of the Online Store;
Online Store (the Store) – the website available at www.zombiedash.pl by means of which the Customer may, in particular, place an Order for available Goods;
Goods – products shown in the Online Store which may become the subject matter of the Contract of Sale; essential properties of each item of Goods are presented on the Store’s subpage assigned to such an item; images of Goods presented on the Online Store’s pages are visualizations of their actual appearance and are purely indicative;
Contract of Sale – a contract of sale of Goods within the meaning of the Act of 23 April 1964 – Civil Code, concluded in accordance with the provisions of the Rules between the Seller and the Customer through the sales system of the Store;
Order – the Customer’s declaration of will leading directly to the conclusion of the Contract of Sale, with an indication of its essential conditions.
§ 2. GENERAL PROVISIONS
1. These Rules define the principles of using the Online Store, in particular, the conditions for placing and modifying an Order, making payments, as well as other rights and obligations of the Customer and the Seller.
2. The Online Store serves the purpose of conducting retail sales of Goods in the territory of the Republic of Poland via the Internet, in particular, retail sales of clothing. The Online Store also provides free services electronically, i.e., the Store makes available various functionalities, including the keeping of the Customer’s Account.
3. These Rules are made available free of charge prior to the conclusion of a contract on the Online Store’s website, as well as (at the Customer’s request) in such a way as to allow the Customer to obtain, read, and save the text of the Rules by means of a computer system.
4. The condition for using the Online Store is to read and accept the Rules.
5. Information contained in the Online Store is not an offer within the meaning of the Act of 23 April 1964 – Civil Code. This information is an invitation to conclude a Contract.
7. The Customer is prohibited from: providing content that is forbidden by law, including content that infringes personal rights and other rights of third parties; acting in a manner that violates the law, or so as to circumvent the law, or in contradiction to the principles of social coexistence or principles of morality; using the Online Store in a manner that disrupts its functioning or is burdensome to the Seller or other Customers.
8. The Seller ensures security of electronic transmission and of digital content by using technical and organizational means aimed at securing same, in particular, securing the data against unauthorized access, including SSL encryption, access passwords, and anti-virus/anti-malware programs. At the same time, the Seller points out that the use of the Internet and services performed electronically may pose the risk of malware getting into the computer system or the user’s device, as well as unauthorized third party access to the Customer’s data, including personal data. In order to minimize these risks, the Customer should use proper technical security measures, e.g. anti-virus programs or software that protects the user’s identity on the Internet.
9. The contracts are concluded in accordance with the Polish law, and in the Polish language. The Store carries out Orders in the territory of Poland.
§ 3. REGISTRATION
1. The Customer is able to create an individual Account in order to facilitate the process of placing an Order, including saving the payer’s information and the shipping information. In order to do so, the Customer undertakes the Registration procedure.
2. The User acquires the status of a registered Customer after performing the necessary registration activities in the Online Store according to the interactive form (in particular, providing his/her true data) available upon clicking the “Register” button, following the detailed instructions displayed on the Store’s website during the procedure.
3. The Customer may also create an Account during the procedure of placing an Order, by clicking the “I also want to create an account” button.
4. Once the Customer has confirmed the Registration by using the link sent to his/her e-mail address, the contract on the electronically supplied service of keeping the Account is concluded with the Seller. The Customer may terminate the contract on the keeping of the Account at any time, by sending, to the Seller, a declaration stating such will. The Account will be removed immediately.
5. During the Registration process, the Customer provides a password which will later be used by him/her to gain access to the Account. The Customer may not make the password available to third parties. The Account is non-transferable.
6. The Account contains the information provided by the Customer during the Registration. Detailed information about the protection of personal data and their processing is given in § 9. The Customer is obliged to update the Account data.
§ 4. ORDERS
1. Orders can be placed electronically through the Store’s sales system, 24 hours a day, 7 days a week, throughout the year, with the proviso that they are carried out on Business Days until 4 p.m.
2. Orders may be placed by Customers who:
a) have the status of a registered user of the Online Store;
b) do not have the status of a registered user of the Online Store.
3. Customers who do not have a registered Account place Orders without undertaking the procedure of Registration or logging in.
4. The Customer prepares the Order by virtually adding the Goods to the Basket. Once the items have been successfully added, the Basket section’s indication of the Goods on the Order list changes (the list can be freely modified). After confirming the selection of the Goods, the Customer indicates the following in the Order form: his/her data, shipping address, shipping method and price, and the method of payment for the Order. After completing the Order, the Customer approves it and sends it to the Seller by clicking the “Order with the obligation to pay” button.
5. Each time, before sending the Order to the Seller, the Customer is shown a summary of the Order to be able to confirm it, i.e., the total amount, and detailed information of the Order.
6. In the process of placing the Order, until the “Order with the obligation to pay” button is activated, the Customer is able to detect and correct mistakes in the Order and to modify it through the sales system of the Online Store.
7. Afterwards, the Customer may change the Order, in particular, correct the mistakes in the entered data, until the Goods are shipped, by directly and immediately contacting the Seller (by telephone or e-mail).
8. The information presented in the Online Store is an invitation for Customers to submit offers. Placement of an Order by the Customer is tantamount to making a declaration of will to conclude a Contract of Sale of Goods. The Contract of Sale is concluded when the confirmation of acceptance of the Order for execution by the Seller is sent to the e-mail address provided in the Order.
9. The Order is effective if the Customer correctly fills in the Order form and provides contact details, including a correct address to which the Goods are to be shipped.
10. The saving, securing, and making available of the contents of the concluded Contract are done through the Store’s sales system (the contents are available also in the Account). In addition, they are enclosed with the shipped Goods. The Customer who has placed an Order will be provided with a digital document confirming the conclusion of the Contract.
11. The Lead Time for the Goods is 5 (five) Business Days. Fulfilment of the Order commences:
a) payment upon pickup in person – after placing the Order,
b) cash on delivery (COD) – after placing the Order,
c) bank transfer – after the payment has been recorded by the Seller,
d) other options – after the Seller receives a confirmation from the payment processor.
12. After the above-mentioned Lead Time, the Goods are released to the carrier.
13. Pickup in person is not possible.
§ 5. PRICES AND ALLOWED PAYMENT METHODS
1. The prices specified on the pages of the Online Store are gross prices (i.e. they include all the duties and taxes, including VAT), are expressed in Polish złoty, and do not include the costs of shipping. The total price of the Order is calculated based on the choices made by the Customer in the Order form, according to the rates indicated in the Order summary.
2. The binding price is shown in the Order summary when it is sent to the Seller.
3. The Customer may choose one of the following payment methods (payment methods are limited to):
a) payment in cash – COD (cash on delivery);
b) payment in cash or by card upon pickup in person;
c) transfer to the bank account of the Seller (the information is provided in the confirmation of acceptance of the Order);
d) electronic payment via the PayU.pl payment system operated by PayU S.A. with its registered office in Poznań.
4. The Customer is obliged to pay for the Order no later than 5 (five) Business Days from the date of conclusion of the Contract of Sale, except for payments upon pickup or cash-on-delivery.
5. For each sold item of Goods, a sales document is issued in the form of a fiscal receipt or a VAT invoice, at the Customer’s request. The sales document is a confirmation of the essential elements of the placed order.
6. The prices shown in the Online Store are subject to changes (e.g. as part of promotional campaigns, or when Goods are on sale). The conditions of the Order cannot be changed for a Customer who submitted an offer in the manner indicated in § 4 of the Rules before the price change.
§ 6. SHIPPING
1. Shipments are delivered in the manner chosen by the Customer from among the options made available by the Seller. Delivery of Goods is limited to the methods indicated in the Order form.
2. The cost of shipping the Goods is borne by the Customer. This cost is calculated based on the shipping rates indicated in the Order form, and is added to the Order amount in the summary after the Customer chooses the delivery option.
3. The condition for sending the Goods is payment of the Order amount, unless the Customer has chosen to pay “upon pickup”.
4. The Goods are shipped to the address indicated in the Order form. The Seller will immediately contact the Customer if an incorrectly filled-in form prevents an effective delivery of the Order.
5. The Order delivery time within the Republic of Poland is up to 2 (two) Business Days, counted from the moment of completion and shipment of the Order by the Seller.
6. If, before the shipment is handed over, it turns out that it has suffered a loss or damage, then the carrier is obliged to immediately establish (as documented by a relevant report) the condition of the shipment and the circumstances under which the damage occurred. The carrier should also do this at the request of the Customer, if he/she believes that the shipment has been tampered with. The risk of accidental loss or damage to the Goods is transferred to the Customer at the moment of their handover.
§ 7. WITHDRAWAL FROM THE CONTRACT
1. A consumer who has concluded a distance contract may withdraw from it without giving any reason, by submitting a relevant declaration in writing within 14 (fourteen) days of the date of taking possession of the items by the Consumer or a third party indicated by him/her. If the consumer submits a declaration of withdrawal from the contract before the Seller accepts his/her offer, the offer ceases to be binding.
2. In order to meet this deadline, it is sufficient to send the declaration before its expiry. The Customer may use the template of the declaration of withdrawal from the contract appended to these Rules and enclosed with the Goods.
3. In the event of withdrawal from the Contract, the Seller reimburses the Consumer for all the received payments, including the cost of delivering the items (except for any additional costs arising from the method of delivery chosen by the Consumer other than the normal, least expensive method of delivery that we offer). This shall be done immediately and, in any event, no later than 14 (fourteen) days from the day on which the Seller is informed about the decision to exercise the right to withdraw from the Contract.
4. The Consumer is obliged to return the Goods to the Seller immediately, but no later than 14 (fourteen) days from the day on which he/she withdrew from the contract. In order to meet the deadline, it is sufficient to send the Goods before its expiry.
5. The Consumer is liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to establish the nature, characteristics, and functioning of the Goods.
6. The right to withdraw from the contract cannot be exercised by a Consumer in relation to, e.g., service contracts, if the trader has fully performed the service with the express consent of the consumer who, before the performance started, was informed that after the service is fulfilled by the trader he/she would lose the right to withdraw from the contract whose subject matter is a nonprefabricated item, manufactured according to the consumer’s specifications, or intended to meet his/her custom needs, contract whose subject matter is an item prone to quick deterioration or with a short period of usefulness, contract whose subject matter are items which, after delivery, due to their nature, become inseparably linked with other items, contracts on the supply of digital content which is not recorded on a tangible medium, if the fulfilment of the service began with the consumer’s express consent before the expiry of the deadline for withdrawal and after the trader has informed him/her about losing the right to withdraw from the contract.
7. The direct costs of sending the Goods back to the Seller in the event of withdrawal from the distance contract are borne by the Consumer.
§ 8. COMPLAINTS
1. The Seller is obliged to supply faultless Goods to the Customer. The Seller is liable to the Consumer if the Goods have a physical or legal defect (the warranty). The Consumer is entitled to the warranty in the form of the defect being remedied, the item being replaced with one that is free of defects, the price being lowered, or withdrawal from the Contract.
2. Only Consumers are entitled to complaints. The parties, the Customer who is not a Consumer, and the Seller, preclude among them the warranty for defects.
3. Complaints must be submitted to the postal address indicated in the Contact information. In order to facilitate the complaint procedure, the Goods that are the subject matter of the complaint should be delivered together with the proof of purchase and the complaint.
4. The Seller will respond to the Consumer’s request within 14 (fourteen) days.
5. The complaint procedure applies accordingly to services provided electronically by the Seller.
1. Personal data provided by the Customer are processed by the Seller, who is the Personal Data Controller within the meaning of the Personal Data Protection Act of 29 August 1997 (Journal of Laws 1997, No. 133, item 883, as amended).
2. The purposes and the scope of the processed personal data are determined by the scope of the consents and the filled-in data, in particular those sent by means of relevant forms. The processing of the Customers’ personal data may concern the e-mail address, residential address, name and surname, telephone number, computer IP address.
3. The personal data will be processed for the purpose of:
a) fulfilment of the provisions of the law,
b) creation of the Account, execution of the Order, including the provision of electronic services, reviewal of complaints, and other activities specified in the Rules,
c) the Seller’s promotional and commercial activities.
4. The processing of the Customer’s personal data for marketing purposes requires that the Customer express separate consent.
5. Providing personal data and giving consent to their processing is voluntary, but lack of consent to the processing of the personal data marked as ‘required’ will prevent the performance of services and contracts by the Seller (subject to para. 4).
6. These consents may be revoked at any time, by sending a request to the e-mail address or the Seller’s local address specified in the Rules.
7. The legal basis for processing the personal data in the case referred to in para. 3(a) is the statutory authorization to process data necessary to act in accordance with the law, whereas, in the case referred to in para. 3(b) and (c) – the contractual authorization to process the personal data if this is necessary to fulfil legally justified purposes pursued by the controller or recipients of the data as well as the Customer’s consent.
8. The data are made available solely for the purpose of fulfilling the Order and contracts on electronically supplied services (to the carrier and to the company that performs accounting services for the Seller). Personal data gathered by the Seller may also be made available:
a) to relevant state authorities at their request, on the basis of relevant provisions of law,
b) to other persons and entities – in cases provided for by law.
9. Personal data can be made available to entities not authorized under these Rules only with the prior consent of the Customer who is the data subject.
10. Customers have the right to control the processing of data concerning them, contained in the data sets, and, in particular, the right to:
a) access their personal data, supplement and rectify the data by making such a request to the Seller,
b) demand temporary or permanent suspension of their processing, or their removal, if they are incomplete, outdated, untrue, have been collected in violation of the Act, or are no longer necessary for the achievement of the purpose for which they were collected,
c) object to the processing of their personal data – in cases provided for by law – as well as the right to demand their erasure once they have become unnecessary for the achievement of the purpose for which they were collected.
11. The entrusted personal data are stored and secured in accordance with the principles set out in the applicable provisions of law: the Personal Data Protection Act of 29 June 1997 (Journal of Laws 2002 No. 101, item 926, as amended), the Act on the provision of services by electronic means, of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended), the Regulation of the Minister of the Interior and Administration of 29 April 2004 on the documentation of personal data processing, and technological and organizational conditions which shall be met by devices and IT systems used for personal data processing (Journal of Laws No. 100, item 1024).
12. The Seller uses technical and organizational measures that ensure the protection of the personal data being processed, appropriate to the risks and categories of data covered by the protection, and, in particular, protects the data against disclosure to unauthorized persons, takeover by an unauthorized person, processing in violation of the Act, and alteration, loss, damage, or destruction.
13. If the Seller obtains information about the Customer’s use of the service provided by electronic means in a way that is contrary to the Rules or to the applicable laws (impermissible use), the Seller may process the Customer’s personal data to the extent necessary to determine the Customer’s liability.
14. The website may store http queries, therefore, some information may be stored in server log files, including the IP address of the computer from which the query came, the name of the Customer’s station – identification executed by the http protocol, if possible, the system date and time of registration on the website and arrival of the query, the number of bytes sent by the server, the URL of the page previously visited by the user if the Customer entered via a link, information about the user’s browser, information about errors that occurred during the execution of the http transaction.
15. Logs may be gathered as material that is necessary for the proper administration of the website. Only persons authorized to administer the IT system have access to the information.
16. Log files may be analysed in order to compile statistics on the Website’s traffic and any occurring errors. The summary of such information does not identify any Customers.
17. In order for the website to function properly, the Seller uses the cookies technology. Cookies are small packages of information stored on the Customer’s device, usually containing the website address, date of saving, expiry date, unique number, and additional information in accordance with the purpose of the specific file.
18. The User may disable the storage of cookies on his/her device by following the instructions of the browser’s developer, however, this may result in unavailability of some or all of the website’s functions.
19. On the basis of cookies, it is not possible to establish the identity of a Customer.
20. Files generated directly by the Store cannot be read by other websites. External cookies may be read by an external server.
a) maintaining user sessions (own files),
b) adapting the contents of the pages to the user’s preferences (own files),
c) ensuring data security (own files),
d) creating (anonymous) statistics that allow to optimize the website’s usefulness (external files),
e) combining the functions of the website with other external services that are used by the user (external files),
f) displaying advertising information in accordance with user preferences, and limiting the number of ad impressions (external files).
22. We use two basic types of cookies:
a) session cookies – deleted at the end of the user’s session
b) persistent cookies – stored for a longer period of time.
23. Each Customer may delete cookies saved on his/her device at any time, by following the instructions of the browser’s developer.
§ 10. AMENDMENTS TO THE RULES
1. The Seller may amend these Rules for important legal or technical reasons.
2. Customers who have an Account will be informed about an amendment to the Rules by an e-mail message sent 14 days before the new version of the Rules comes into force, and other users – by a message displayed on the home page for 14 days before the new version comes into force.
3. During this time, the Customer must accept again, or refuse to accept the Rules.
4. If the amended Rules are not accepted, the Customer is able to delete the Account at any time.
5. Orders placed before the amendments to the Rules come into force are fulfilled in accordance with the previous provisions of the Rules.
§ 11. NEWSLETTER
1. The Newsletter subscription service is provided by the Seller to Customers who voluntarily agree to it.
2. In order to subscribe to the Newsletter, the Customer does the following:
a. orders the Newsletter service via the interactive form available at www.zombiedash.pl providing his/her e-mail address,
b. accepts the provisions of the Rules and agrees that the Service Provider may process the set of personal data contained in the Form in order to perform the Newsletter service for marketing purposes, and consents to the transmission of commercial information, by electronic means of communication, about the the Newsletter service being performed,
c. clicks the “Save” button,
d. activates the service by means of the link contained in the e-mail message sent to the User at the address provided by the Customer.
3. Upon activation of the subscription, the Seller and the Customer enter into the contract on the provision of the Newsletter service for an indefinite period of time.
4. The User may terminate the contract on the provision of the Newsletter service at any time by deactivating the subscription. The Newsletter can be cancelled by activating the relevant link that is included in the footnote of every e-mail message sent as part of the Newsletter service.
5. The Service Provider ensures protection of the electronic transmission by using technical means to the extent corresponding to the Newsletter service security risks.
6. The consent to the receiving of commercial information by electronic means of communication sent by the Service Provider is voluntary and may be withdrawn at any time.
§ 12. FINAL PROVISIONS
1. In matters not regulated by these Rules, the provisions of the ordinary law shall apply, in particular, the provisions of the Act of 23 April 1964 – Civil Code, and the provisions of the Consumer Rights Act of 30 May 2014.
2. All the materials, including the graphic elements, the composition of these elements, trademarks and other materials available in the Online Store, are subject to exclusive rights, and, in particular, they are subject to the protection of copyrights and industrial property rights. The use of the materials made available in the Online Store, in any form, requires the consent of the Seller every time.
3. If there is a dispute with the Seller, the Customer is entitled to apply to the permanent consumer arbitration court attached to the Trade Inspection Authority, for settlement of the dispute arising from the concluded Contract of Sale. The Consumer may also apply for mediation or settlement to an arbitration court (use alternative dispute resolution methods (ADR)). In order to do so, at the discretion of the Consumer, an application for mediation or an application for case hearing before an arbitration court should be submitted to the Seller. If the dispute concerns a defect in the Goods, it should be borne in mind that the use of ADR is possible after the completion of the complaint process at the Seller’s. Detailed information about access to these procedures is available from the authorities that conduct them. In other cases, when determining the local jurisdiction of a court, the rules laid down in the Code of Civil Procedure should be followed. Disputes arising between the Seller and a Customer who is not the Consumer, shall be submitted to the court having jurisdiction over the Seller’s registered office.
Date of entry into force of the Rules: 25 December 2014
RULES OF THE ZOMBIE DASH ONLINE STORE