Terms and conditions of the zamelplatform.eu website
Below you will find the terms and conditions of the website, which contain information on, among other things, the principles of the website, how to place an order leading to the conclusion of a contract, details on the performance of the concluded contract, available forms of delivery and payment, the procedure for withdrawal from the contract or the complaint procedure.
§ 1 Definitions
For the purposes of these Regulations, the following terms shall have the following meaning:
1. Administrator - ZAMEL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Juliusza Słowackiego 1, 21-500 Biała Podlaska, NIP: 5372349871, KRS: 0000230948, share capital: PLN 50000, registration court: District Court Lublin-East in Lublin with registered office in Świdnik, VI Economic Division of the National Court Register, E-mail: info@zamelplatform.eu, Phone number: 605860950.
2. Consumer - a natural person concluding an agreement with the Administrator which is not directly related to his/her business or professional activity; a Consumer is also a User.
3. POCK - a natural person concluding an agreement with the Administrator which is directly related to his/her business activity, when the content of this agreement shows that it is not of a professional nature for this person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity; a POCK is also a User.
4. Rules and Regulations - these Rules and Regulations.
5. service - the Internet service operating under the address zamelplatform.eu.
6. User - a natural person, legal person or a disabled legal person.
§ 2 Preliminary provisions
1.Through the Website, the Administrator conducts online sales, while providing electronic services to the User. Through the Website, the User can purchase goods displayed on the Website. 2.
2. These Terms of Use set out the rules and conditions for using the Service, as well as the rights and obligations of the Administrator and the Users.
3. In order to use the Service, including in particular to make a purchase in the Service, it is not necessary for the User's computer equipment or software to meet any specific technical conditions.
Sufficient are:
- access to the Internet,
- a standard, up-to-date operating system,
- a standard, up-to-date internet browser with cookies enabled,
- an active e-mail address.
5. All prices shown on the Website are gross prices.
6. When informing about a reduction in the price of a good, digital content or service, the Administrator shall also make visible the information about the lowest price of this good, digital content or service that was in force during the 30 days prior to the introduction of the reduction.
§ 3 Services provided by electronic means
1. Through the Website, the Administrator shall provide electronic services to the User, which consist in enabling the User to:
- browse the contents of the Website register a user account and use the user account
- placing an order and concluding an agreement
2. The services referred to above are provided electronically to the User free of charge. However, sales agreements concluded through the Website are chargeable.
3. In order to ensure the safety of the User and the transmission of data in connection with the use of the Website, the Administrator shall take technical and organisational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent acquisition and modification of personal data by unauthorised persons.
4. The Administrator shall take measures to ensure the fully correct functioning of the Service. The User should inform the Administrator about any irregularities or interruptions in the functioning of the Service.
5. any complaints related to the functioning of the Service, the User may report by e-mail to the e-mail address info@zamelplatform.eu. In the complaint, the User should specify the type and date of occurrence of the irregularity connected with functioning of the Service. The Administrator shall consider all complaints within 14 days of receiving the complaint and shall inform the User of the outcome at the e-mail address of the complainant.
§ 4 Content of the Service
1. The Service contains content such as texts, photos, graphics, audio and video recordings. 2.
2. Browsing the publicly accessible content of the Website is possible anonymously, i.e. without providing personal data. 3.
3. The content of the Service is subject to copyright protection.
§ 5 User Account
1. Registration of a user account requires filling in and submitting a registration form available on the Website or expressing the wish to register a user account by ticking the appropriate checkbox in the order form.
2. Registration of a user account requires the provision of personal data necessary for this purpose.
3. A user account is assigned to the e-mail address provided by the User.
4. The user account stores information about the User, including the history of orders placed by the User on the Website.
5. The User logs into the User account using the e-mail address assigned to the User account (login) and a password defined by the User. The User is obliged to protect access to the User's account against unauthorised access, and is further obliged not to make the login and password available to third parties.
6. The user can delete the user account at any time. If the User cannot find a suitable option for this purpose after logging in to the user account, they should contact the Administrator by e-mail.
§ 6 Placing an order
1. An order is placed by filling in an order form after the User has added the goods they are interested in to a shopping cart. In the form, it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the User also chooses the method of delivery of the ordered goods and the method of payment for the order. Placing an order is conditional on accepting the Terms and Conditions, which the User should read beforehand. In case of any doubts concerning the Terms and Conditions, the User may contact the Administrator.
2. The User must provide true personal information in the order form. The User is liable for providing false personal data. The Administrator reserves the right to suspend the execution of an order when the User has provided false data or when the data raises justified doubts in the Administrator's mind as to its correctness. In such a case the User will be informed by phone or e-mail about the Administrator's doubts. In such a situation the User has the right to explain all the circumstances connected with the verification of the correctness of the provided data. In the case of lack of data allowing the Administrator to contact the User, the Administrator will provide all explanations after the User makes contact.
3. The User declares that all data provided by him/her in the order form are true, while the Administrator is not obliged to verify their truthfulness and correctness, although he/she has such a right in accordance with the previous provision.
4. The process of placing an order shall be completed by clicking on the button finalizing the order.
5. If the User has chosen online payment when placing an order, he/she will be redirected to a payment gateway operated by a third-party payment operator to pay for the order after clicking on the finalise order button. If the User has chosen to pay by bank transfer, after clicking on the button finalising the order he/she will be redirected to the page of the Website with the order confirmation and instructions for making the payment. Payment for the order should be made within 7 days of placing the order.
6. Placing an order leads to the conclusion of a contract between the User and the Administrator. The type of agreement concluded depends on the subject of the order. If goods are ordered, a sales contract is concluded. If the order concerns different goods, digital content or services, the placing of the order leads to the conclusion of several different contracts.
§ 7 Pre-sale
1. The Administrator may conduct a pre-sale of certain goods or digital content.
2. A pre-sale may involve certain preferences, e.g. in terms of price, in relation to the regular sale which will take place after the pre-sale.
3. A pre-sale consists in the fact that the fulfilment of the order does not take place immediately after the order is placed, but after the expiry of a deadline specified by the Administrator indicated in the description of the goods or digital content available for pre-sale.
4. Despite the later realisation of the order, the User shall make payment immediately after placing the order.
5. The date by which an order placed in a presale will be fulfilled may be changed for important reasons, such as delays on the part of the Administrator's subcontractors, unforeseen limitations in the availability of resources necessary for the fulfilment of the order, force majeure, etc. The Administrator shall inform the User of any change in the deadline. The Administrator shall inform the User of any change to the deadline. If the User does not agree to the change of the deadline, he/she may resign from the order - in such a situation the Administrator shall return the payment for the order to the User. The payment shall be returned using the same means of payment as those used by the User in the original transaction.
§ 8 Vouchers
1. The Administrator may sell vouchers on the Website.
2. A voucher is a unique code that can only be used on the Website as a form of payment when placing an order for goods, digital content or services by entering this unique code in the field designated for this purpose in the order form.
3. Each voucher has an expiry date and a gross face value. The validity and value of a voucher are specified in its description on the Website.
4. The voucher is not redeemable for cash, either in full or in part.
5. The voucher may only be used once. In the event that the amount to be paid for the order is lower than the value of the Voucher, the Administrator shall not refund the difference to the User. Where the amount to be paid for the order is higher than the value of the Voucher, the User shall pay the difference.
6. In the case of vouchers in a physical form, the provisions of the Terms and Conditions relating to ordering goods shall apply accordingly (the voucher containing the unique code referred to above is sent to the address provided by the User). In the case of vouchers in electronic form, the User shall receive the unique code referred to above to his/her e-mail address.
§ 9 Delivery and payment
1.The choice of the delivery method for an order including goods is described on the Website and presented to the User at the stage of order placement. The cost of delivery of an order shall be borne by the User, unless the Administrator indicates otherwise on the Website. The Administrator has the right to decide to divide an order into several separate shipments without the User incurring additional costs.
2. The available methods of payment for an order are described on the Website and presented to the User at the stage of order placement.
3. electronic payments, including payment card payments, are handled by: imoje service operated by ING Bank Śląski Spółka Akcyjna with its registered office at ul. Sokolska 34, 40086 Katowice; entered in the Register of Entrepreneurs in the District Court of Katowice - Wschód, 8th Economic Department of the National Court Register under the KRS number 0000005459; share capital of PLN 130,100,000 paid in full, NIP 634-013- 54-75.
4. If the User has requested an invoice, it will be delivered to the User electronically, to the e-mail address provided in the order form.
5. In some cases, the Administrator may provide the User with the option of choosing payment by instalments. In such a situation, the number, amount and date of payment of instalments are specified in the payment schedule presented to the User prior to the conclusion of the contract, in particular on the Website. Payment in instalments may require the activation of an automatic cyclical payment of each instalment. The automatic recurring payment is only possible with a payment card, which involves providing the payment information required by the payment operator. In the case of automatic cyclic payment, the bank account associated with the payment card used for automatic cyclic payment is automatically debited with the amount corresponding to the amount of the instalment. The user may not deactivate the automatic cyclic payment.
The automatic cyclic payment is automatically deactivated after the payment of the last instalment. In the event of a negative authorisation of a payment within the automatic cyclic payment, further attempts are made to complete the payment, in accordance with the rules or capabilities of the payment operator. If these attempts fail, the automatic recurring payment is cancelled and the User is obliged to pay the instalment in another way.
§ 10 Order fulfilment
1. Completion of an order including goods consists in completing the ordered goods, packing them for delivery to the User and sending the parcel to the User in accordance with the form of order delivery selected by the User.
2. An order shall be deemed fulfilled when the parcel is sent to the User (entrusted to a carrier offering transport). The exact date of delivery shall be determined by the carrier. The delivery and handing over of the consignment shall take place according to the rules applied by the carrier. The user is obliged to examine the consignment at the time and in the manner usual for a given type of consignment, and in the case of discovering any defects or damage to the goods in the consignment, to perform all actions necessary to establish the carrier's liability, e.g. to draw up a damage protocol. 3.
3.The delivery time is always indicated next to each product. Ordered goods should be delivered to the Consumer within 30 days, unless a longer period is expressly indicated by the Administrator in the goods' description. In such a situation, by placing an order, the User agrees to a longer order delivery date resulting from the goods description.
4.If the User orders goods with different lead times, the Administrator is bound by the longest lead time of all goods included in the order, however the Administrator may propose to divide the order into several independent shipments to accelerate the lead time for some of the goods.
§ 11 Withdrawal from the contract
1. A Consumer and POCK who has concluded a distance contract with the Administrator has the right to withdraw from the contract without giving any reason within 14 days from the date of: taking possession of the goods (in the case of a sales contract), conclusion of the contract (in the case of a contract other than a sales contract).
2. In order to withdraw from the contract, the Consumer or POCK must inform the Administrator of their decision to withdraw from the contract by an unequivocal statement - for example a letter sent by post, fax or e-mail.
3. The Consumer or POCK may use the model withdrawal form available at https://app.bezpieczny.biz/documents/[secure.biz]-formularz-odstapienia-od-umowy.doc but this is not obligatory.
4. In order to comply with the withdrawal period, it is sufficient for the Consumer or POCK to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.
5. The Consumer or POCK must return the goods to the Administrator or hand them over to a person authorised by the Administrator to receive them promptly, but no later than 14 days from the day on which he or she has withdrawn from the contract, unless the Administrator has offered to collect the goods himself or herself. Sending the goods back before the deadline is sufficient to meet the deadline.
6. The consumer or POCK shall bear the direct costs of returning the goods.
7. In the event of withdrawal from the contract, the Administrator shall reimburse to the Consumer or POCK all payments received from the Consumer or POCK, including the cheapest cost available on the Website for the delivery of the goods (if the cost was paid by the Consumer or POCK) immediately and in any event no later than 14 days from the day on which the Administrator was informed of the exercise of the right of withdrawal. Reimbursement will be made using the same means of payment as those used by the Consumer or POCK in the original transaction, unless Consumer or POCK has expressly agreed to a different solution. In any event, the Consumer or POCK will not incur any charges in relation to the form of payment refund.
8. Unless the Administrator has offered to collect the goods from the Consumer or POCK itself, the Administrator may withhold the refund of the payment received from the Consumer or POCK until the Consumer or POCK has received the goods back or the Consumer or POCK has provided proof of return, whichever event occurs first.
9. The Consumer or POCK shall be liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
§ 12 Liability of the Administrator
1. The warranty for defects referred to in the Civil Code is excluded with respect to a User other than a Consumer or POCK. In the case of a Consumer or POCK, the provisions of the Consumer Rights Act shall apply to the liability for the conformity of the goods or digital content with the contract.
2. The Administrator shall be obliged to provide the Consumer or POCK with goods free of defects.
3. The conformity of the goods or digital content with the contract shall be assessed in accordance with the provisions of the Consumer Rights Act.
4. The rights of the Consumer or POCK in relation to the non-conformity of the goods or digital content with the contract and the manner of their exercise shall be determined by the mandatory provisions of the Consumer Rights Act. For the sake of the interests of the Consumer or POCK, the Administrator has prepared an extract from these provisions, constituting Annex 1 to the Regulations.
5. In order to simplify for the Consumer or POCK the exercise of rights related to the non-conformity of goods or digital content with the contract, the Administrator has prepared a model complaint form, which the Consumer or POCK may use. The specimen is available at https://app.bezpieczny.biz/documents/[safe.biz]-form-complaint.doc.
6. The Administrator shall respond to the complaint submitted within 14 days from the date of receipt of the complaint by such means of communication by which the complaint was submitted.
§ 13 Prohibited ways of using the Service 1.
1. The User is obliged to use the Website in a manner consistent with the law, the Terms of Use and good practice. In particular, it is prohibited to:
- using the Website in a manner inconsistent with its nature and purpose, in particular in a manner which prevents or interferes with the use of the Website by other Users
- use of the Website in a manner compromising the integrity of the Website's IT system
- use of the Website in order to send unsolicited commercial information or other spam
- impersonate any third party in connection with the use of the Service
infringement of the Administrator's or any third party's intellectual property rights in connection with use of the Service, in particular by making the purchased digital content available to unauthorised persons or use of the purchased digital content in breach of the rules set out in the Terms of Use making the login and password for the user's account available to third parties undertaking activities aiming to gain knowledge of the access data, including logins and passwords of other Users attempts to gain access to digital content by deception, bypassing security measures or bypassing the obligation to pay.
2. In the event that the User uses the Service in a manner that is contrary to the law, the Terms of Use or good morals, the Administrator may block, either temporarily (up to 30 days) or permanently, the User's ability to use the User's account or other functions of the Service.
3.The choice of temporarily or permanently blocking depends on the circumstances of the case and the seriousness of the infringement committed by the User while using the Service. In making the choice, the Administrator shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved.
4. If the Administrator is aware of the User's electronic contact details, the Administrator shall serve the User with the decision to apply the blocking. The decision shall contain a statement of reasons.
5. The User may appeal against the decision of the Administrator within 14 days from the delivery of the decision. The appeal should contain a comprehensive explanation of why the User considers the decision to be wrong.
6. The Administrator shall consider the appeal within 14 days and inform the User of the result of its consideration.
7. Unblocking of the possibility to use the User's account or other functions of the Service is possible only if the User submits exhaustive and true explanations, as well as cessation of the infringements which were the cause of the blocking. In the event that there have been any consequences of violations by the User, an additional condition for the revocation of the blocking is the removal of the consequences of these violations.
§ 14 Personal data and cookies
The rules for the processing of personal data and the use of cookies are described in the privacy policy published on the Website.
§ 15 Intellectual property rights
1. The Administrator hereby informs the User that digital content, content available on the Website and elements of goods (e.g. graphic designs) may constitute works as defined by the Act on Copyright and Related Rights of 4 February 1994, to which the Administrator or other entities entitled to it hold copyrights.
2. The Administrator hereby instructs the User that further dissemination of the copyrighted content by the User without the Administrator's or other authorised entity's consent, except for the use of the content within the framework of permitted personal use, constitutes an infringement of copyright and may result in civil or criminal liability.
3. If the User wishes to use the copyrighted content in a manner that goes beyond the limits of permitted personal use, the Administrator may grant a licence to the User on a case-by-case basis.
§ 16 Out-of-court ways of dealing with complaints and asserting claims.
1. The Administrator agrees to submit any disputes arising in connection with concluded agreements to mediation proceedings. Details will be determined by the parties to the conflict.
2. The Consumer has the possibility to make use of out-of-court ways of dealing with complaints and claims. Among others, the Consumer has the possibility to:
- turn to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded agreement,
- apply to the voivodeship inspector of the Trade Inspection to initiate proceedings
- to apply to the Provincial Inspector of Trade Inspection for mediation proceedings for amicable settlement of a dispute between the User and the Administrator,
- use the assistance of a district (city) consumer ombudsman or a social organisation, whose statutory tasks include consumer protection.
3. More detailed information on out-of-court complaint and redress procedures, the Consumer can look for at the website http://polubowne.uokik.gov.pl.
4. The Consumer may also use the ODR platform, which is available at: http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract.
§ 17 Final provisions
1. The Administrator reserves the right to introduce and cancel offers, promotions and to change prices in the Service without prejudice to the rights acquired by the User, including in particular the terms of contracts concluded before the change.
2. The Administrator reserves the right to make changes to the Terms of Service for important reasons such as changes in the law, technological changes, business changes.
3. Sales contracts, contracts for the provision of services against payment and contracts for the supply of digital content concluded prior to the amendment of the Terms and Conditions shall be governed by the Terms and Conditions in the wording in force at the time of conclusion of the contract.
4. In the case of electronically provided services, if the User does not accept the amendment to the Terms and Conditions, he/she may, without incurring any costs, resign from using the electronically provided services, e.g. delete his/her user account, opt out of receiving the newsletter, stop browsing the content of the Website.
5. Any disputes related to agreements concluded through the Service will be examined by the Polish common court appropriate to the Administrator's registered office or permanent place of business. This provision does not apply to Consumers and POCK, for whom the jurisdiction of the court is considered on general principles.
6. These Terms and Conditions are effective as of 2024-05-01.
7. All archived versions of the Regulations are available for download in .pdf format - links are provided below the Regulations.
Appendix 1 - Extract from the provisions of the Consumer Rights Act
Entitlements of the Consumer / POCK in the event of non-conformity of goods with the contract
Article 43d [Repair or replacement].
1. Where goods are not in conformity with the contract, the consumer may require repair or replacement.
2. The trader may replace, where the consumer requests repair, or the trader may repair, where the consumer requests replacement, if it is impossible or would require excessive costs for the trader to bring the goods into conformity with the contract in the manner chosen by the consumer. If repair and replacement are impossible or would require unreasonable costs for the trader, the trader may refuse to bring the goods into conformity with the contract.
3. In assessing whether the costs to the trader are excessive, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the goods with the contract, the value of the goods in conformity and the undue inconvenience to the consumer caused by the variation in the manner of bringing the goods into conformity.
4. The trader shall repair or replace the goods within a reasonable time from the moment the trader is informed by the consumer of the lack of conformity and without any undue inconvenience for the consumer, taking into account the nature of the goods and the purpose for which the consumer acquired the goods. The cost of repair or replacement, including in particular the cost of postage, carriage, labour and materials, shall be borne by the trader.
5. The consumer shall make the goods to be repaired or replaced available to the trader. The trader shall collect the goods from the consumer at his expense.
6. If the goods have been installed before the lack of conformity became apparent, the trader shall either dismantle the goods and re-install them after repair or replacement or have them installed at his own expense.
7. The consumer shall not be obliged to pay for the normal use of the goods which have subsequently been replaced.
Article 43e [Reduction of price or withdrawal from contract].
1. If the goods are not in conformity with the contract, the consumer may make a statement to reduce the price or withdraw from the contract where:
- the trader has refused to bring the goods into conformity with the contract in accordance with Article 43d(2);
- the trader has failed to bring the goods into conformity in accordance with Article 43d(4) to (6);
- the lack of conformity of the goods with the contract continues even though the trader has tried to bring the goods into conformity with the contract;
- the lack of conformity of the goods with the contract is such as to justify either a reduction in price or rescission of the contract without prior resort to the remedies set out in Article 43d;
- it is clear from the trader's statement or the circumstances that he will not bring the goods into conformity within a reasonable time or without undue inconvenience for the consumer.
2. The reduced price must be in proportion to the contract price to the extent that the value of the non-conforming goods remains in relation to the value of the conforming goods.
3. The trader shall reimburse the consumer the amounts due as a result of exercising the right to reduce the price immediately, but not later than 14 days after receiving the consumer's statement of price reduction.
4. The consumer may not withdraw from the contract if the lack of conformity of the goods is insignificant. The lack of conformity of the goods with the contract shall be presumed to be substantial.
5. If the lack of conformity affects only some of the goods delivered under the contract, the consumer may withdraw from the contract only in respect of those goods and also in respect of other goods acquired by the consumer together with the goods not in conformity, if it cannot reasonably be expected that the consumer would agree to keep only the goods in conformity.
6. In the event of withdrawal, the consumer shall immediately return the goods to the trader at the trader's expense. The trader shall reimburse the consumer without delay, but not later than 14 days after receipt of the goods or proof of their return.
7. The trader shall reimburse the price using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the consumer.
Rights of the Consumer / POCK in case of non-conformity of digital content with the contract Article 43m [Non-conformity of content or service with the contract].
1. Where the digital content or digital service is not in conformity with the contract, the consumer may request that it be brought into conformity with the contract.
2. A trader may refuse to bring the digital content or digital service into conformity if bringing the digital content or digital service into conformity with the contract is impossible or would require unreasonable costs for the trader.
3. In assessing the unreasonable cost to the trader, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the digital content or digital service with the contract and the value of the digital content or digital service in conformity with the contract.
4. The trader shall bring the digital content or digital service into conformity with the contract within a reasonable time from the time the trader is informed by the consumer of the lack of conformity and without undue inconvenience for the consumer, taking into account its nature and the purpose for which it is used. The cost of bringing the digital content or digital service into conformity with the contract shall be borne by the trader.
Article 43n [Reduction of price or withdrawal from contract].
1. Where the digital content or digital service is not in conformity with the contract, the consumer may make a statement to reduce the price or withdraw from the contract where:
- it is impossible or requires excessive costs to bring the digital content or digital service into conformity with the contract pursuant to Article 43m (2) and (3);
- the trader has failed to bring the digital content or digital service into conformity with the contract in accordance with Article 43m (4);
- the non-conformity of the digital content or digital service with the contract continues even though the trader has tried to bring the digital content or digital service into conformity with the contract;
- the lack of conformity of the digital content or digital service with the contract is significant enough to justify a reduction in price or withdrawal from the contract without first having recourse to the remedy set out in Article 43m;
- it is clear from the trader's statement or the circumstances that the trader will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience for the consumer.
2. The reduced price must be in such proportion to the contract price as the value of the non-conforming digital content or digital service bears to the value of the conforming digital content or digital service. If the contract provides that the digital content or digital service is provided in parts or continuously, the reduction of the price must take into account the time during which the digital content or digital service remained not in conformity with the contract.
3. The consumer may not withdraw from the contract if the digital content or digital service is supplied in exchange for the payment of a price and the lack of conformity of the digital content or digital service with the contract is not minor. The lack of conformity of the digital content or digital service with the contract shall be presumed to be significant.