Terms & Conditions

I. General Provisions

1. These Terms and Conditions have been created in accordance with the applicable laws of the Republic of Poland and govern the use of the Zanacraft Online Shop, which is available at zanacraft.com.
2. All content on the zanacraft.com website, including jewelry designs and product photos, is the exclusive property of ZD Marcin Nasiłowski Sp. K. and is protected under copyright law. The website may not be duplicated, copied, or reproduced in any way without express prior written consent.
3. The owner and operator of the Zanacraft Online Shop is ZD Marcin Nasiłowski Sp. K., a company registered at Miodowa 23/2 St, 81-558 Gdynia, Poland. The company’s Tax Identification Number [TIN] is 5862313751 Regon 366358212, and it is registered with the Central Registration and Information on Business [CEIDG], held by the Minister of Economy.
4. Customers can contact the seller via email at info@zanacraft.com or by phone at +48 502 291 669 between 8 a.m. and 8 p.m. on working days. Correspondence can be sent to ZD Marcin Nasiłowski Sp. K., Miodowa 23/2 St, 81-558 Gdynia, Poland.

II. Definitions

1. Shop Owner or Seller – the owner and operator of the Zanacraft Online Shop, as described in § I (2) of these Terms and Conditions.
2. Customer – any natural person with full legal capacity, legal person, or organizational unit without legal personality but with legal capacity in accordance with applicable laws.
3. Entrepreneur – a customer who conducts business within the meaning of the Act of 2 July 2004 on the Freedom of Economic Activity (consolidated text: Journal of Laws [Dz. U.] of 2010 No 220 item 1447 with later amendments).
4. Consumer – a customer who is a natural person and who, along with an entrepreneur (in particular with a Seller), performs a legal action not directly related to their business or professional activity.
5. Shop – the Zanacraft Online Shop, available at the Internet address zanacraft.com.
6. Terms and Conditions – these Terms and Conditions of Online Services.
7. Working Days – weekdays from Monday to Friday, excluding public holidays.
8. Customer’s account – a secure space available to Zanacraft Online Shop customers after entering their email address and password. This account enables customers to order goods, monitor delivery status, and change or correct their personal information, among other things.

III. Type And Extent Of Electronic Services

1. The online shop, Zanacraft, is owned by the seller for the purpose of selling products.
2. The electronic services under these terms and conditions consist of providing access to Zanacraft for the conclusion and implementation of sales agreements.
3. The online service agreement is concluded for an indefinite period.
4. Orders, as stated in § VI, can be placed with or without registration. If the customer does not register before purchasing, a customer account will not be created.
5. Customers who have registered can log in to their customer account using their email address and password to place orders.
6. Orders are fulfilled within Poland. However, the terms of sale and delivery of goods to other countries are agreed upon individually with each customer.

IV. Terms Of Electronic Services

1. To use services provided under these terms and conditions, customers must have:
• A web browser, such as Internet Explorer 7.0 or higher, Mozilla Firefox 3.0 or higher, Chrome (all versions), or Opera 2 or higher
• Javascript enabled
• A valid email address.
2. Customers may consent to the use of cookie files. The privacy policy contains detailed information on storing and accessing information using cookie files, as well as the option for customers to determine storage terms or access to cookie file information using the software installed on their telecommunications equipment or service configuration.
3. Before registration or placing an order without registration, the customer must confirm that they have read and accepted the content of these terms and conditions.

V. Signing Up, Terms And Conditions For Online Service Agreements

1. Registering on the website is optional. Upon registration, an individual Customer’s Account is created for the user.
2. Customers can make purchases on the Online Shop without registering, but doing so means forgoing access to the Customer’s Account and its associated features, such as saving address information and order monitoring.
3. To complete registration, Customers are required to fill out the registration form, providing a valid email address and creating a password.
4. During registration, Customers may also provide shipment information, including:
a. Name and surname
b. Address of residence (street, building number, apartment number, postal code, city/town, province, country)
c. Telephone number
5. Customers may provide an additional shipping address (e.g. a work address with working hours) if they are frequently absent from their place of residence.
6. Entrepreneurs registering for the service must provide:
a. Company name
b. Tax Identification Number (TIN)
c. Registration office (street, building number, apartment number, postal code, city/town, province, country)
d. Name and surname of the contact person e. Telephone number
7. After completing the registration form, an activation link will be sent to the provided email address. Clicking on this link confirms the accuracy of the registration information and completes the registration process.
8. The Owner of the Shop may refuse registration to a Customer if the circumstances described in section 13 occur.
9. Customers have the right to appeal a refusal of registration within 14 days by filing a complaint as specified in § XI of the Terms and Conditions.
10. Customers have the right to terminate their online service agreement at any time.
11. The Owner of the Shop may terminate a Customer’s online service agreement via the internet if the Customer has shown no activity on the website, especially if they have not placed an order or logged into their Customer’s Account for 2 years since the last activation.
12. Termination of the agreement by either party or mutual consent results in blocking the Customer’s access to the Customer’s Account and deleting the Customer’s Account.
13. The Owner of the Shop may terminate a Customer’s online service agreement if:
a. The customer’s purpose of registration or service usage is contradictory to the principles and aims of the shop’s functioning.
b. The customer’s activities breach current social norms, incite violence, involve committing a crime, or violate third-party laws.
c. The shop owner receives an official notice about the unlawful nature of the data or activities associated with it.
d. The shop owner has credible information that the data or activities are unlawful, and the customer was previously informed of the intention to disable access to their account.
e. The customer engages in sending unsolicited commercial information.
f. The customer seriously or persistently infringes upon the principles of the terms and conditions.
g. The buyer provides address data that raises objectively justified doubts about their accuracy or truthfulness, and these doubts were not dispelled through telephone or email contact.
14. Objectively justified doubts mentioned in section 13(g) refer to cases such as providing a non-existent city/town, naming a non-existent street in a given city/town, or giving a fictitious name of the recipient (such as a fairy-tale character).
15. The shop owner will send a declaration of termination of the online service agreement to the email address provided in the customer’s account. Termination of the agreement will result in the permanent deletion of the customer’s account. Customers may terminate the online service agreement by sending the content of their declaration to the contact email address provided on the shop’s website or by deleting their account.
16. If the shop owner terminates the agreement, the customer may re-register after obtaining the shop owner’s consent.
17. The termination or dissolution of the online service agreement by mutual agreement between the parties will not affect any previously concluded sales agreements unless otherwise agreed.
18. The notice period for termination in cases mentioned in sections 11 and 13 is 14 days.

VI. Terms and Conditions of Sale

1. Zanacraft Online Shop offers a range of products for sale.
2. The seller and the customer are the parties involved in the sales agreement established through the Zanacraft Online Shop.
3. The sales agreement can be concluded by both registered customers (with a customer account) and unregistered users. In order to conclude a sales agreement, an unregistered customer must:
a. Provide a valid email address, data referred to in § V sections 4 or 6, and
b. Confirm that they have read and accepted the Terms and Conditions.
4. The information and prices of goods on the Shop’s website do not constitute an offer under Article 66 § 1 of the Civil Code of the Act of 23 April 1964 (Journal of Laws [Dz. U.] of 1964 No. 16, item 93 with later amendments; hereinafter referred to as: the Civil Code). The information and prices of goods on the Shop’s website are an invitation to conclude an agreement in the meaning of Article 71 of the Civil Code.
5. Orders made through the website can be placed 24 hours a day, 7 days a week, throughout the year. Orders placed on working days after 6 p.m., Saturdays, Sundays, and holidays will be processed on the next working day. Orders can also be placed by e-mail at shop@zanacraft.com.
7. Placing an order on the website constitutes a binding offer to purchase, as defined in Article 66 § 1 of the Civil Code, for a period of three working days. The process includes selecting goods from the Shop’s website, adding them to the cart, choosing the payment and delivery method, and clicking the “BUY AND PAY” button. If the order is placed by an unregistered customer, they must fulfill the obligations stated in section 3.
8. Upon receiving an order, the Seller will either accept, refuse, or suggest changes to the offer. If the order is accepted, the sales agreement will be concluded on the same day. A counter-offer may be presented if the ordered goods are unavailable.
9. A counter-offer may be suggested in situations where the ordered goods are unavailable.
10. If a counter-offer is presented, it is binding for the Seller for two days. If the counter-offer is accepted by the Customer within the two-day period, the sales agreement will be concluded on the terms specified in the counter-offer.
11. All prices displayed on the Shop’s website are quoted in USD and EUR and include VAT. Delivery costs will be provided before completing the order.
12. The contact person for the Seller is also available for any necessary corrections to personal data or errors in the order. Changes to the order may be difficult after the sales agreement has been concluded, but the Seller will make every effort to accommodate changes to shipment data and order content before the goods are shipped.
13. The Seller reserves the right to verify the accuracy and authenticity of the Customer’s data at any time. The Seller may withdraw from the sales agreement within 14 working days from the date of conclusion of the agreement in situations referred to in § V section 13 (g).
14. The Seller may make changes to the goods presented on the Shop’s website, such as prices, adding or deleting products, and introducing or cancelling promotional actions. However, these changes will not apply to Customers who have already concluded a sales agreement or participated in a promotional action.
15. The Owner of the Shop will include a proof of purchase, such as a receipt or VAT invoice, with each shipment upon request.
16. The Seller will make every effort to ensure a short lead time for delivery, which should not exceed 14 working days, subject to point IX sections 2 and 3.
17. If the Customer is informed of a delay in delivery before the goods are shipped, they have the right to withdraw from the agreement within seven days of receiving this information.

VII. Cancellation Of The Agreement

1. As per the Consumer Rights Act of 30 May 2014 (Journal of Laws [Dz. U.] of 2014 item 827), if the Customer is a Consumer, they have the right to cancel the sales agreement within 30 calendar days of receiving the goods, without giving any reason. To effectively cancel the agreement, the Customer must send a declaration of cancellation within this period.
2. As per the Consumer Rights Act of 30 May 2014 (Journal of Laws [Dz. U.] of 2014 item 827), if the Customer is a Consumer, they have the right to cancel the online service agreement without giving any reason within 30 calendar days of entering into the agreement. To effectively cancel the agreement, the Customer must send a declaration of cancellation within this period.
3. The cancellation must be made by submitting a declaration of cancellation of the agreement, using the form provided or by sending it through any distance communication channel, including but not limited to:
a. Email: info@zanacraft.com
b. Writing to the address: Marcin Nasiłowski Sp. K., Miodowa 23/2 St, 81-558 Gdynia, Poland.
4. The Seller will immediately confirm receipt of the declaration of cancellation of the sales agreement to the Consumer via the email provided by the Consumer.
5. The Consumer has the right to cancel the agreement free of charge, except for:
a. additional costs incurred by the Consumer in connection with the choice of a delivery method other than the cheapest, regular method of delivery offered by the Seller, and
b. the direct costs of returning the goods (shipping costs),
c. the costs of returning the item if, due to its nature, it cannot be sent by post in the usual way.
6. The Consumer shall not be granted the right to withdraw from the remote sales agreement referred to in section 1 in the following cases:
a. Service agreements where the entrepreneur has provided the service with the express consent of the Consumer and informed them beforehand that they will lose the right to withdraw from the agreement after completion;
b. Agreements where the price or remuneration depends on financial market fluctuations over which the entrepreneur has no control and may occur before the withdrawal period expires;
c. Agreements for non-prefabricated items made to the Consumer’s specifications or to meet their individual needs;
d. Agreements for items that are liable to deteriorate or expire rapidly;
e. Agreements for items delivered in sealed packaging that cannot be returned after opening due to health or hygiene reasons;
f. Agreements for goods that become inseparably attached to other items after delivery due to their nature;
g. Agreements for alcoholic beverages with agreed prices and a delivery time of more than 30 days, where the value depends on market fluctuations over which the entrepreneur has no control;
h. Agreements where the Consumer explicitly requests the entrepreneur to perform urgent repair or maintenance at their place, and the entrepreneur provides additional services or goods beyond spare parts essential for repair or maintenance;
i. Agreements for sound or video recordings or computer programs delivered in sealed packaging that have been opened after delivery;
k. Agreements for daily newspapers, periodicals, or magazines, except for subscription agreements;
l. Agreements concluded by public auction;
m. Agreements for services related to accommodation, transportation of goods, car rentals, gastronomy, rest, entertainment, sports or cultural events, where the agreement indicates the date or period of service provision;
n. Agreements for delivery of digital content not saved on a material carrier if the entrepreneur begins providing the service with the express consent of the Consumer before the withdrawal period expires, and informs the Consumer that they will lose the right to withdraw from the agreement.
7. If the Consumer exercises their right to withdraw from the agreement, they must return the goods to the Seller without delay, no later than within 30 days to the address of the Shop. The Consumer can also return the goods by having them collected by a person authorized by the Seller, while still meeting the above-mentioned time limits. To effectuate the withdrawal, it is enough to send the goods back before the expiration of this period.
8. The Consumer is responsible for the direct costs of returning the goods (shipping costs) and must choose a delivery method that ensures the goods are delivered to the Seller undamaged.
9. The Consumer is responsible for any reduction in the value of the goods resulting from using them in a way that exceeds the necessary manner to state their character, features, and functions.
10. The Seller must refund the Consumer all payments made, including the cost of delivering the goods, within 14 days from the date of receiving the Consumer’s declaration of withdrawal from the agreement, subject to section 5. The Seller will refund the payment using the same method of payment used by the Consumer unless the Consumer has explicitly agreed to another method that does not involve any costs for them.
11. If the Seller has not offered to collect the item from the Consumer in person, they may withhold the return of payment received from the Consumer until they receive the item back, or the Consumer provides proof of sending it, whichever event occurs earlier.
12. The Seller will not accept consignments sent by cash on delivery.

VIII. Rights And Responsibilities Of The Involved Parties

1. The Shop Owner shall make every reasonable effort to ensure that Zanacraft Online Shop and all services offered through its intermediation operate continuously and without interruption.
2. The Shop Owner reserves the right to interfere with the technical structure of the Customer’s Account to diagnose irregularities in the functioning of Shop services.
3. The Customer is responsible for keeping their login and access password to their Customer’s Account confidential and secure so that unauthorized individuals cannot access them.
4. The Customer is prohibited from transmitting any illegal content using the Shop.

IX. Payment

5. Shopping in the Shop can be paid for by:
• Stripe – credit card transactions and e-payments
• PayPal – credit card transactions and e-payments
• Apple Pay
• Google Pay
• Bancontact
• Giropay
• Sofort
• Przelewy24
• Bank transfer – within four days of concluding the sales agreement
2. In the case of payment by bank transfer, goods are dispatched after the amount is credited to the account.

X. Privacy And Data Protection

1. The Shop Owner shall only collect the necessary data required for providing the offered services.
2. The Customer’s personal data shall only be disclosed to third parties for the sole purpose of providing the services in accordance with the Terms and Conditions, particularly to courier service providers, postal operators, and courier companies for sending the consignment.
3. The Customer’s personal database is legally protected, and the data is safeguarded against unauthorized access.
4. The Shop Owner is the administrator of the personal data and processes the data of the Users in accordance with the Act of 29 August 1997 on the Protection of Personal Data and the Act of 18 July 2002 on Electronic Services.
5. The Shop Owner shall not disclose the information and data of the Customers to any other third parties unless it is required by law, and shall ensure that the information is properly protected in accordance with the Act on the Protection of Personal Data and Act on Electronic Services.
6. The Shop Owner provides Customers with the right to access, modify, correct, or request the deletion of their personal data in accordance with the Act on the Protection of Personal Data.
7. To exercise their right to change, correct, or delete their data from the Shop system, the Customer must send a proper declaration to the Shop Owner via email including their name, surname/company.
8. Deleting the Customer’s data from the Shop system is equivalent to deregistering the Customer and terminating the agreement.
9. After deleting the Customer’s Account, the Shop Owner shall permanently delete the Customer’s data, except for time and IP logging address data necessary for the settlement of services rendered until the time of settlement, which may be kept for use by the Police or the Prosecutor’s Office.

XI. Complaints

1. The Customer is entitled to express complaints regarding the execution of the sales agreement and the Online Service Agreement. In case the Customer experiences a defect in the sold item, the Seller is held responsible as per the provisions of Articles 556 and 5561-5563 of the Civil Code.
2. To address a complaints of non-conformity of goods with the agreement, the following information must be provided, though not mandatory:
a. Full name,
b. Order number,
c. Description of the defect in the goods,
d. Date of purchase.
3. To address irregularities in rendering online services, the following information must be provided, though not mandatory:
a. Full name,
b. Details of the irregularity, including date of occurrence and content of error message (if possible),
c. Name and version of the internet browser and operating system used by the Customer.
4. Provision of the details mentioned in sections 2 and 3 will facilitate and expedite the process of resolving the complaints.
5. Complaints can be communicated through email: info@zanacraft.com or by phone: +48 502 291 669
6. The complaint will be addressed within 14 days of lodging the complaint.

XII. Concluding Terms

1. Matters not addressed in these Terms and Conditions shall be subject to the applicable laws of the country.
2. In the event of a dispute that cannot be resolved through mutual agreement, the matter shall be resolved by the court with jurisdiction over the domicile of the company, except in cases where the dispute involves a consumer. Consumers retain the right to seek out-of-court resolution of their grievances through mediation or arbitration. In addition, consumers have the right to seek assistance from their local Trade Standards Office, and further information on this is available at www.uokik.gov.pl.
3. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council dated 21 May 2013, consumers and traders have access to an online dispute resolution platform (ODR platform) for resolving disputes at the EU level. The ODR platform is a one-stop-shop website for consumers and businesses seeking to resolve contractual disputes arising from online sales or service contracts outside of court.
4. The Shop Owner shall notify registered Customers of any changes to the Terms and Conditions via email, with the option to terminate the agreement within 30 days. Changes to the Terms and Conditions shall come into effect after the notice period has ended. The provisions of the Terms and Conditions in force at the time of placing an order shall apply to orders placed before the new Terms and Conditions come into effect.

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