Terms and Conditions

Terms and Conditions of the dittazimmermann.com online store

A contract between the Buyer and the Seller can be concluded in two ways.
Before placing the order, the Buyer is entitled to negotiate any provisions of the contract with the Seller, including those which would alter provisions of these Terms and Conditions. The negotiations should be conducted in written form and sent to the Seller’s address (ZIMMERMANN DESIGN LTD DITTA DESIGN SPÓŁKA KOMANDYTOWA ,ul. Korsarzy 3 81-578 Gdynia).
Should the Buyer waive the opportunity to conclude the contract upon individual negotiation, these Terms and Conditions, as well as relevant legal provisions, apply.
§1 Definitions

1. Address – name and surname or institution name, location in the town/city (in the case the town/city is divided into streets: the street, building number, apartment number; in the case the town is not divided into streets: town and building number), postcode and town/city.

2. Address for complaints:
3. Delivery price list – the list of all delivery methods and their costs to be found at dittazimmermann.com/Wysylka-cterms-pol-14.html
4. Contact information:
Telephone number
5. Delivery – a kind of shipping service along with a specified carrier and costs of delivery as listed at dittazimmermann.com/Wysylka-cterms-pol-14.html.
6. Purchase confirmation – invoice, bill or receipt issued in accordance with the Act on tax on goods and services of 11 March 2004, as amended, and with other relevant provisions of law.
7. Product card – a single subpage of the store with information on a single product.
8. Client – a natural person with full legal capacity, a legal person or an organisational entity without legal personality, however with a legal capacity, who purchases a product/products from the Seller, where the purchase is directly associated with his/her commercial or professional activity.
9. Civil Code – the civil code: Act of 23 April 1964, as amended.
10. Code of good practice – a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 (5) of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
11. Consumer – a natural person with full legal capacity, who makes a purchase from the Seller which is not directly associated with his/her commercial or professional activity.
12. Cart – list of products which consists of products offered in the store based on the Buyer’s choice.
13. Buyer – either a Consumer or a Client.
14. Place of delivery – address provided by the Buyer when placing the order.
15. Time of delivery – the moment in which the Buyer or a third person indicated by the Buyer comes to possess the product.
16. Payment – method of payment for the subject of the contract and its delivery, listed at dittazimmermann.com/Sposoby-platnosci-cterms-pol-17.html
17. Consumer law – the Act on consumer rights of 30 May 2014.
18. Product – the minimum and indivisible amount of goods which can be subject to the order and which is indicated in the Seller’s store as a measurement unit for determining its price (price/unit).
19. Subject of the contract – products and delivery which are the subject of the contract.
20. Subject of the service – subject of the contract.
21. Item – a movable item which can be or already is the subject of a contract.
22. Store – the online service available at dittazimmermann.com, through which the Buyer can place an order.
23. Seller:
24. System – a network of IT devices and software which ensure processing and storing, as well as sending and receiving data through telecommunication networks using an adequate end device for the specific type of network, commonly known as the Internet.
25. Order processing time – number of hours or working days indicated in the product card (after the words ‘Shipping within’).
26. Contract – an off-premises or distance contract within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of other Buyers.
27. Defect – either a physical or legal defect.
28. Physical defect – nonconformity of the sold item with the contract, in particular in the case the item:
  1. lacks the properties it should have as stated in the agreement or as resulting from circumstances or their purpose;
  2. lacks properties which the Consumer was assured of by the Seller;
  3. fails to meet the purpose about which the Seller informed the Consumer upon conclusion of the contract and the Seller did not make any reservation to this purpose;
  4. has been delivered incomplete to the Consumer;
  5. in case of incorrect installation and launching, if they have been carried out by the Seller or a third party, for which the Seller is liable, or by the Consumer, who has followed the instructions provided by the Seller;
  6. lacks properties which were assured by the producer, its representative or any person who places the item on the market within the scope of its economic activity, as well as any person who, by putting its name, trade mark or other distinguishing feature on the product, presents itself as its producer, unless the Seller did not know of the assurances, or, if assessed reasonably, could not have known them, or they could not influence the Consumer’s decision on concluding the contract, or their content has been corrected prior to conclusion of the contract.
29. Legal defect – situation, in which the sold item constitutes the property of a third party or is encumbered with third party rights, as well as if the restrictions in using and managing the item are based on a decision or statement of a relevant authority.
30. Order – declaration of will of the Buyer made through the store, which explicitly specifies: the type and quantity of the products; the delivery method; the payment method; the place of delivery; the Buyer’s personal data, and which aims at concluding a contract between the Buyer and the Seller.
§2 General Conditions
1. The contract is concluded in the Polish language, in accordance with the Polish law and these Terms and Conditions.
2. The Seller is obliged and undertakes to provide services and provide products free from any defects.
3. All prices provided by the Seller are expressed in the Polish currency (PLN) and are gross prices (they include VAT). Prices of the products do not include delivery costs, which are specified in the delivery price list.
4. All periods are calculated in accordance with Article 111 of the Civil Code, i.e. the period expressed in days ends on the last day, and if a period expressed in days is calculated from a specified event, the day on which that event occurs is not  taken into account in the calculations.
5. Confirming, disclosing, recording, securing any substantial provisions of the contract in order to gain access to this data in the future, takes the form of:
  1. confirming the purchase by sending the following to the provided email address: the order, pro forma invoice, information on the right to withdraw from the contract, these Terms and Conditions, links for downloading Terms and Conditions and a model withdrawal form;
  2. Attaching to the processed order, which was delivered to the provided address, printed-out documents: purchase confirmation.
6. The Seller provides information about guarantees for the products available in the store offered by third parties.
7. The Seller does not charge any fees for contacting it using long-distance communication devices, however the Buyer will be charged with fees under the contract he/she concluded with a third party providing a particular service enabling long-distance communication.
8. The Seller ensures the Buyer using the system that the store operates correctly in the following browsers: IE 8 or higher, FireFox 3 or higher, Opera 9 or higher, Chrome 10 or higher, Safari with latest versions of JAVA and FLASH, on screens, resolution at least 1024 px. Using software offered by third parties which impact the functioning and effectiveness of browsers, such as: Internet Explorer, FireFox, Opera, Chrome, Safari, may influence the correct display of the store’s website. For this reason, it is recommended to disable all of them to enjoy all functionalities of dittazimmermann.com.
9. In order to accelerate the process of placing subsequent orders, the Buyer can select an option of saving his/her data. To do that, the Buyer should provide his/her login and password which are required to access the account. Both login and password constitute a character string defined by the Buyer, who is obliged to keep them confidential and protect them against third-party access. The Buyer can review, amend, update data and delete his/her account at any time.
10. The Seller observes the Code of good practice.
§3 Conclusion of the contract and its performance
1. Orders can be placed 24 hours per day.
2. In order to place an order, the Buyer should complete at least the following activities, some of which may be performed repeatedly:
  1. adding a product to the cart;
  2. selecting the delivery method;
  3. selecting the payment method;
  4. selecting the place of delivery;
  5. placing an order in the store by clicking the ‘Order with obligation to pay’ button.
3. Once the order has been placed, the contract with the Consumer is concluded.
4. Once the order has been confirmed (either by email or by phone), processing of the Consumer’s order paid by the ‘cash on delivery’ method will occur immediately. In the case of an order paid by bank transfer or with an electronic payment system, the processing occurs once the payment has been credited on the Seller’s bank account, which should take place within 7 days of placing the order, unless the Consumer had not been able to make the payment, through no fault of his/her own and informed the Seller thereof.
5. Once the order has been accepted by the Seller, the contract with the Consumer is concluded, about which the Seller informs the Consumer within 48 hours from the order placement.
6. Once the contract has been concluded and the order has been confirmed (either by email or by phone), the Consumer’s order paid for by the ‘cash on delivery’ method will be processed immediately. In the case of an order paid by bank transfer or with an electronic payment system, the processing occurs once the contract has been concluded and the payment has been credited on Seller’s bank account.
7. Processing of the order may be dependent on paying the order value in full or in part, or reaching the Buyer’s credit limit equal to at least the order value or the consent of the Seller to use the cash on delivery payment method.
8. The subject of the contract is sent within the date specified in the product card, and in the case of orders made up of many products, within the longest deadlines of all deadlines specified in the product cards. The time for delivery starts when the order starts being processed.
9. The subject of the contract sold, as well as the purchase confirmation selected by the Consumer, is delivered by a method selected by the Consumer to the address indicated by the Consumer in the order with attached annexes, referred to in §2 (6)b.
§4 Right to withdraw from a contract
1. The Consumer is entitled under Article 27 of the Act on Consumer rights to withdraw from a distance contract without stating a reason and without incurring costs, with the exception of costs specified in Article 33 and Article 34 of the Act on Consumer rights.
2. The period for withdrawal is 14 days from the date of handover of the item, and it is sufficient to send a statement before that period lapses.
3. The Consumer may submit a declaration of withdrawal using an application form, the model of which constitutes Annex 2 to the Act on Consumer rights, on the form available at dittazimmermann.com/Odstapienie-od-umowy-cterms-pol-21.html or in another form in accordance with Consumer Law.
4. The seller will immediately send a confirmation to the Consumer to the email address (provided upon conclusion of the contract and a different address, if one was given in the declaration) that the declaration of withdrawal has been received.
5. In case of withdrawal from the contract, the contract is deemed to never have been concluded.
6. The Consumer is obliged to return the product to the Seller immediately, however not later than within 14 days following the withdrawal date. This deadline is observed provided the product is sent before the end of that period.
7. The Consumer returns the products which are the subject of the contract at his/her own expense and risk.
8. The Consumer is liable for the diminished value of the product which is the subject of the contract , which is a result of using it in a way which exceeds the product’s character, features and functions.
9. The Seller will return to the Consumer all payments made by him/her, including delivery costs (immediately, however not later than within 14 days of receiving the withdrawal declaration submitted by the Consumer), however, if the Consumer selected a delivery method different from that offered by the Seller, the Seller is not obliged to return to the Consumer his/her additional costs in accordance with Article 33 of the Act on consumer rights.
10. Seller refunds payments using the same payment method which the Consumer used, unless the Consumer has expressly agreed to a different payment method which does not result in any costs for him/her.
11. The Seller can withhold the return of the payment to the Consumer until it has received the item or a proof of its return, whichever occurs earlier.
12. Pursuant to Article 38 of the Act on consumer rights, the Consumer is not entitled to withdraw from a contract:
  1. where the price or remuneration is determined by fluctuations in the financial market over which the Seller does not exercise control and which may occur prior to the expiration of the period for withdrawal from the contract;
  2. where the subject of the service is a non-prefabricated item made to the Consumer’s specifications or used to meet his or her clearly personalised needs;
  3. where the subject of the service is a item which is liable to deteriorate or expire rapidly;
  4. where the subject of the service is a sealed item which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery;
  5. where the subject of the service are items which are, after delivery, due to their nature, inseparably mixed with other items;
  6. where the subject of the service are sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
  7. for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the Consumer before the deadline to withdraw from the contract and after having informed him or her by the entrepreneur of the loss of the right of withdrawal;
  8. on provision of newspapers, periodicals and magazines, with the exception of subscription contracts.
§5 Warranty
1. The Seller completely excludes liability to Customers due to physical and legal defects (warranty) under Article 558§1 of the Civil Code.
2. The Seller is liable to the Consumer for flaws on the principles specified in Article 558§1 of the Civil Code and subsequent (warranty).
3. In the case of a contract concluded with a Consumer, if a physical defect was discovered within one year of the issue of the item, it is assumed that it existed at the time the risk passes on to the Consumer.
4. If the item sold has a defect, the Consumer may:
  1. submit a statement demanding a price reduction;
  2. submit a statement of withdrawal from the contract; unless the Seller replaces the faulty item with a defect-free item or the defect is removed promptly and without undue inconvenience to the Consumer. However, if the item has already been exchanged or repaired by the Seller or the Seller has not met the obligation to replace the faulty item with a defect-free item or remove the defect, the Seller no longer has the right to exchange the item or remove the defect.
5. The Consumer, in lieu of the removing of the defect proposed by the Seller, may demand replacement of the item with a defect-free item or demand removing of the defect in lieu of replacing the item, unless it is impossible to make the item consistent with the contract in the manner selected by the Consumer or it would be much more expensive than the manner proposed by the Seller; whereas when assessing the costs, the aspects taken into account include the value of the defect-free item, the nature and significance of the defect found, and the disadvantages to which the Consumer would otherwise be exposed to by the other method.
6. The Consumer may not withdraw from the contract if the defect is irrelevant.
7. If the item sold has a defect, the Consumer may also:
  1. demand an exchange of the item for a defect-free item;
  2. demand that the defect be removed.
8. The Seller is obliged to replace the item with a defect-free item or remove the defect in a reasonable period of time without undue inconvenience to the Consumer.
9. The Seller may refuse to satisfy the demand of the Consumer if bringing the defective item into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs in comparison with other possible manners of bringing the defective item into conformity with the contract.
10. If the defective item has been assembled, the Consumer may request the Seller disassemble it and reassemble it after the item has been replaced with a defect-free item or after the removal of defects, however the Consumer is obliged to bear the part of the costs in excess of the price of the thing sold or may demand the Seller to pay part of the costs of disassembling and reassembling, up to the price of the item sold. In the event of non-performance of Seller’s obligation, the Consumer is authorised to carry out these activities at the expense and risk of the Seller.
11. A Consumer who exercises the powers under a warranty is obliged to provide the defective item to the address for complaints at the expense of the Seller and if due to the nature of the item or the way it is assembled it would be extremely difficult, the Consumer is obliged to make the item available for the Seller at the place where the item is located. In the event of non-performance of Seller’s obligation, the Consumer is authorised to send the items at the expense and risk of the Seller.
12. The costs of replacement or repair are borne by the Seller except for situations described in § 5 (10).
13. The Seller is obliged to accept the defective item from the Consumer in case of replacement of the item for a defect-free item or in case of withdrawal from the contract.
14. Within fourteen days the Seller will address:
  1. the statement demanding a price reduction;
  2. the statement on the withdrawal from the contract;
  3. the demand an exchange of the item for a defect-free item;
  4. the demand that the defect be removed.
Otherwise, it is believed that the Seller considered the Consumer’s statement or demand to be justified.
15. The Seller is obliged to observe the warranty if the physical defect is found within two years since the release of the item to the Consumer, and if the item sold is a used item, before the end of the year since the release of the item to the Consumer.
16. The Consumer’s claim for removal of defects or replacement of the item sold with a defect-free item expires after one year from the date of discovery of the defect, however not earlier than two years since the release of the item to the Consumer, and if the item sold is a used item, before the end of one year since the release of the item to the Consumer.
17. If the use-by date determined by the Seller or the manufacturer ends after two years from the release of the item to the Consumer, then the Seller is liable under the warranty for physical defects of the item detected before that date.
18. Within the deadlines specified in § 5 (15-17), the Consumer may submit a statement of withdrawal from the contract or a demand for price reduction due to physical defects of the item sold, and if the Consumer demanded the replacement of the item with a defect-free item or removing of the defect, the deadline to submit a declaration of withdrawal from the contract or a demand for price reduction is calculated from the ineffective expiry of the deadline for the exchange of item or removing of the defect.
19. In the event of a claim made before a court or arbitration court regarding one right under the warranty, the deadline for execution of other rights of the Consumer will be suspended until the final completion of the proceedings. The same applies to mediation proceedings, whereas the deadline for the execution of other rights under the warranty, to which the Consumer is entitled, will run from the date of the court’s refusal to approve the settlement reached before a mediator or the termination of ineffective mediation.
20. Provisions of specified in § 5 (15-16) apply in the exercising of rights under the warranty for legal defects, whereas the deadline is calculated from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect as a result of a third part claim – from the day on which a court decision issued in the third party dispute became final.
21. If, due to the item’s defect, the Consumer filed a statement of withdrawal or a demand for price reduction, the Consumer may claim compensation for the damage suffered by signing the contract without knowing about the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular the Consumer may demand a reimbursement of the costs of conclusion of the contract, the cost of receiving, transport, storage and insurance of the item, a reimbursement of outlays to the extent in which the Consumer failed to benefit from those outlays and did not receive a reimbursement from a third party, as well as reimbursement of costs of proceedings. This is without prejudice to the provisions of the obligation to repair the damage on general principles.
22. The end of the period for detecting the defect does not exclude rights under the warranty, if the Seller fraudulently concealed the defect.
23. If the Seller is obliged to provide the Consumer with service or a financial benefit, it will do so without undue delay, not later than within the time limit laid down by the law.
§ 6 Privacy policy and personal data protection

1. The Seller is the Administrator of databases of personal information provided by the store’s Consumers.

2. The Seller undertakes to protect personal data in accordance with the Act on personal data protection dated 29 August 1997 and the Act on the provision of services by electronic means of 18 July 2002. When specifying his/her personal upon placing the order, the Buyer consents to the processing of that data by the Seller for the purpose of carrying out the order. The Buyer can review, amend, update data and delete his/her personal data at any time.

3. Detailed rules on the collection, processing and storage of personal data used for the execution of orders by the store are described in the Privacy Policy, which can be found at: http://dittazimmermann.com/Polityka-Prywatnosci-cterms-pol-20.html

§7 Final Provisions
1. Nothing in these Terms and Conditions is intended to violate the rights of the Buyer. Neither can they be interpreted that way, as in the case of any non-compliance of any part of the Terms and Conditions with the applicable provisions of law, the Seller declares absolute submission and that such provision will apply instead of the contested stipulation of the Terms and Conditions.
2. Registered Buyers will be notified with a message (sent to the email address indicated upon registration or an order for receiving emails) about any changes in the Terms and Conditions and their scope. The notice will be sent at least 30 days before the new privacy policy enters into force. The changes will be introduced in order to adapt the regulations to the law in force.
3. The current version of the Terms and Conditions is always available to the Buyer in the Terms and Conditions tab (http://dittazimmermann.com/Regulamin-cterms-pol-18.html). In the course of performance of the contract and throughout the period of the after-sales care, the Buyer is subject to the Terms and Conditions he/she accepted when placing the order. One exception is the situation where the Consumer considers them to be less favourable than the current ones and informs the Seller about the selection of the current Terms and Conditions as the applicable ones.
4. Relevant legal provisions apply in all matters not covered by these Terms and Conditions. If the Consumer so wishes, any disputes are resolved by way of mediation proceedings before the Inspectors of the Regional Trade Inspectorate or by way of proceedings before the arbitration court at the  Regional Trade Inspectorate, or by way of equivalent and lawful methods of pre-trial or out-court resolution of disputes indicated by the Consumer. As a last resort, the matter is resolved by the court with local and material jurisdiction.

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