Store regulations

Terms and conditions of the Silk Epoque by Olga Ziemann online store.

§1 General Provisions:

  1. The online store https://ziemannandco.com is run by Olga Ziemann, who runs a business under the company name ZIEMANN & Co, 60 Rue Francois 1 er, 75008 PARIS, FRANCE, R.C.S. /SIRET 928 083 724.
  2. Terms used in the regulations mean:
    – Working days – days of the week from Monday to Friday, excluding public holidays,
    – Customer – a natural person, a legal person or an organizational unit without legal personality, but with legal capacity, using the Online Store,
    – Consumer – a customer who is a natural person making a legal transaction with the Seller that is not directly related to his/her business or professional activity,
    – Shopping cart – the functionality of the Online Store that allows the Customer to display the products selected by the Customer for purchase, as well as to enter and modify the order data before placing the order,

§2 Using the online store

  1. In order to browse the web pages of the Online Store, it is necessary to have a terminal device with access to the Internet and an Internet browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version. In order to use some of the functionality of the Online Store, including registration in the Online Store, as well as placing orders for products, an active e-mail (e mail) account is required.
  2. In addition, the customer is obliged to refrain from any activity that could adversely affect the proper functioning of the Online Store or use it for purposes contrary to its purpose. It is forbidden for Customers to provide unlawful content that violates the law or good morals.
  3. Information about products available in the Online Store constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. Placing an order by the customer means making an offer to conclude a contract of sale (purchase) of the ordered product. Confirmation of acceptance of the order by the Seller is a statement of acceptance of the offer. Confirmation of the receipt of the order by the Seller (detailing all the essential components of the order) is made by sending an e mail to the Customer. If the Seller does not confirm the order within 7 days, the contract is not concluded – any payments made are immediately returned to the customer.
  4. Orders can be placed through the Online Store 7 days a week, 24 hours a day, after registering in accordance with these terms and conditions or after providing the necessary personal and address information to complete the order without registration.
  5. The prices of the products indicated on the website of the Online Store include taxes, including Value Added Tax (VAT).
  6. Prices do not include delivery costs. The cost of delivery depends on the method of delivery of goods. The consumer chooses the method of delivery when placing an order. The total amount including the price as well as o delivery and other costs is indicated in the Cart before the Customer places the order.
  7. The Seller may introduce discounts for registered customers, carry out promotional actions, discount codes and sales on separately specified terms for a specified period of time, until the stock of promotional products is exhausted or until cancellation. Discount codes have a validity period during which the customer can take advantage of the discount offered. The discount code cannot be combined with any other discount code and other promotions, unless the terms and conditions of a particular promotion state otherwise.
  8. If the subject of the order covered by the promotion or discount is a package or promotional set, the right to withdraw from the contract referred to in § 7 may apply only to the entire package or promotional set (it is not possible to withdraw from individual products included in the package or promotional set).
  9. To register with the Online Store, fill out the online registration form with your name (nickname optional), e mail address and password, and read the provisions of these terms and conditions. After the Client completes and submits the registration form, it sends confirmation of registration to the e-mail address provided by the Client.
  10. Registration in the Online Store creates a Customer account and allows you to:
    o online shopping
    o view order history
    about taking part in the loyalty program
    o participate in promotions intended only for users with a customer account
  11. Registration in the Online Store as well as the use of the functionality of the Online Store is free of charge. Registration means that the Customer enters into a contract with the Seller for the provision of electronic services consisting of maintaining a Customer account, under the terms and conditions set forth in these Regulations.
  12. Logging in by the Customer is done using the data provided in the registration form or subsequently changed using the Customer’s account settings.
  13. The account created as a result of registration is maintained for the Customer for an indefinite period of time. The customer may cancel the account in the Online Store and request its deletion at any time. No fees are charged for cancellation and deletion of the account. Deletion of the account shall take place immediately and shall mean the termination by the Customer of the contract for the provision of electronic services, the subject of which is the maintenance of the Customer’s account. The account can be deleted through the Customer panel, without contacting the Seller.
  14. The Seller is entitled to block the Customer’s account in cases provided for by generally applicable laws and in the case of:
    – Violation of the rights of third parties, personal rights of third parties or principles of social intercourse
    – Repeated (at least twice) violation by the Client of the provisions of these Regulations.
  15. Blocking of the account means termination of the contract with the customer for the provision of electronic services with immediate effect.
  16. If the Customer chooses to pay for the order in advance (wire transfer), the Customer is obliged to pay the full price for the ordered products, including delivery costs, no later than 7 days from the date of receipt of the order confirmation by the Customer. In connection with non-payment of the order to the customer is sent to the e mail address communication regarding non-payment. An order not paid for within 7 days from the date of receipt by the customer of the confirmation of acceptance is canceled.

§3 Payments

  1. The seller allows the customer to make payment in the following ways:
    – By bank transfer to the Seller’s bank account,
    – via PayPal
  2. Bank transfer should be made to the following bank account:
    SWAN BNP PARIBAS, BIC/SWIFT: SWNBFR22, IBAN: FR76 1732 8844 0078 1923 7764 158
  3. BIC/SWIFT: SWNBFR22,
    IBAN: FR76 1732 8844 0078 1923 7764 158
    .

§4 Delivery of orders

  1. The seller makes delivery within the territory of the European Union,
  2. The seller provides the following methods of delivery of goods (providing for applicable payment methods):
  3. Fedex courier and InPost Parcel Machines – on the territory of the Republic of Poland (bank transfer, PayU),
  4. UPS courier – within the European Union, outside the Republic of Poland (transfer),
  5. The seller lists the lead time next to the products. The term specified in days means business days (unless otherwise specified), calculated from the date of receipt of full payment for the order (wire transfer).
  6. In the case of pre-release orders or orders at the request of Buyers, order processing begins on the release date or the date specified by the seller indicated on the page of the product or service in question. In the event of a change in the date specified with the order, in particular the postponement of the release date by the manufacturer, the customer is informed of the above fact and the new date of implementation to the email address provided with the order.
  7. If products with different lead times have been ordered, delivery is made on the lead time of the products with the longest lead time (after the entire order has been completed).
  8. Delivery costs of the goods are: Fedex courier – 22 PLN, Fedex EU courier – 23 EUR.

§5 Complaints

The seller is obliged to deliver goods without defects. Liability in this regard is governed by the provisions set forth in Art. 556 et seq. Civil Code. If the sold goods have a defect:

  1. The customer may make a statement to reduce the price or withdraw from the contract, unless the seller immediately and without undue inconvenience to the customer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the thing has already been replaced or repaired by the seller, or the seller has failed to meet his obligation to replace the thing with a defect-free one or to remove the defect.
  2. A customer who is a consumer, may, instead of the removal of the defect proposed by the seller, demand the replacement of the item with a defect-free item or, instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the customer is impossible or would require excessive costs in comparison with the manner proposed by the seller. In assessing the unreasonableness of costs, the value of the defect-free item, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the buyer.
  3. The reduced price should remain in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.
  4. The buyer may not withdraw from the contract if the defect is insignificant.
  5. A warranty claim can be filed as follows:
    • ZIEMANN & Co, 60 Rue Francois 1 er, 75008 PARIS, FRANCE, R.C.S. /SIRET 928 083 724
  6. In the complaint application, in order to process it as quickly as possible, you should provide: your name, mailing address, e mail address, telephone number, details of the advertised goods (description of the goods, date of purchase and/or order number), a description of the defect in the goods, the claim under the warranty rights under the Civil Code.
  7. The complaint is subject to consideration within 14 days from the date of its receipt by the Seller. If a customer who is a consumer demanded replacement of an item or removal of a defect, or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the seller did not respond to this demand within 14 days, it is considered that the seller recognized the demand as justified.
  8. Any returns of goods should be sent in the manner agreed with the Seller to the following address: ZIEMANN & Co, 60 Rue Francois 1 er, 75008 PARIS, FRANCE, R.C.S. /SIRET 928 083 724.

§6 Warranty

Products may be warranted by the manufacturer, distributor or by another entity (guarantor). Warranty rights must be exercised in accordance with the terms of the warranty card or the warranty statement of the guarantor.

  1. The warranty does not exclude, limit or suspend the Customer’s rights under the warranty provisions for defects of the sold thing referred to in § 5.
  2. In the case of a product for which a manufacturer, distributor or other guarantor has provided a warranty, the Customer may exercise his rights under the warranty by advertising the product directly to the guarantor or exercise his rights against the Seller under the warranty in accordance with § 5.

§7 Right of withdrawal

  1. A consumer who has concluded a remote contract may withdraw from it within 14 days without stating a reason and without incurring costs, except for the costs specified in § 7.7-8. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be submitted electronically to the following address: designer@ziemannandco.com or in writing to the following address: ZIEMANN & Co, 60 Rue Francois 1 er, 75008 PARIS, FRANCE, R.C.S. /SIRET 928 083 724
  2. The period for withdrawal from the contract begins:
  3. for a contract in the performance of which the Seller issues the goods, being obliged to transfer their ownership – from the taking of possession of the goods by the Consumer or a third party other than the carrier designated by the Consumer,
  4. for a contract that involves multiple goods that are delivered separately, in batches or in parts – from taking possession of the last good, batch or part, and for a contract that involves the regular delivery of things for a fixed period – from taking possession of the first of the things.
  5. For other contracts – from the date of the agreement.
  6. In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded. If the Consumer made a declaration of withdrawal before the Seller accepted his offer, the offer ceases to be binding.
  7. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by the Consumer, including the cost of delivery of the goods (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer. If the Seller has not offered to collect the goods from the Consumer himself, the Seller may withhold the refund of the payment received from the Consumer until he receives the goods back or the Consumer provides proof of their return, whichever event occurs first.
  8. The consumer is obliged to return the goods to the Seller, or give them to a person authorized by the Seller to collect them immediately, but no later than within 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the goods himself. To meet the deadline it is sufficient to send back the goods before the deadline. Goods should be returned to the address of the Seller: ZIEMANN & Co, 60 Rue Francois 1 er, 75008 PARIS, FRANCE, R.C.S. /SIRET 928 083 724
  9. The consumer shall bear the direct costs of returning the goods.
  10. If the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
  11. The consumer is liable for any diminution in the value of the goods resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the goods.
  12. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer with respect to contracts:
    about the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract,
    o in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract,
    o in which the subject of performance is a non-refabricated good, produced to the Consumer’s specifications or serving to meet his individualized needs,
    o in which the object of performance is goods that are perishable or have a short shelf life,
    o in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery,
    o in which the object of performance is goods that, after delivery, due to their nature, become inseparable from other goods,
    o in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
    o in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides goods other than spare parts necessary for the repair or maintenance; the right of withdrawal is granted to the Consumer with respect to additional services or goods,
    o in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
    o supply of daily newspapers, periodicals or magazines, except for a subscription contract,
    o concluded through a public auction,
    o the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service,
    o the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.

§8 Out-of-court dispute resolution

  1. Detailed information about out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, Provincial Commercial Inspection Inspectors and the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
  2. It is possible for the customer to use mediation. Lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the relevant District Courts. A customer who is a Consumer may also make use of out-of-court means of complaint handling and redress by submitting his/her complaint through the EU online ODR platform, available at:
    http://ec.europa.eu/consumers/odr/

§9 Protection of personal data

  1. The administrator of personal data is Olga Ziemann, running a business under the name “ZIEMANN & Co” 60 Rue Francois 1 er, 75008 PARIS, FRANCE, R.C.S. /SIRET 928 083 724 which processes data in accordance with applicable law, in particular the European Parliament and Council (EU) 2016/679 of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as “RODO.”
  2. The data controller processes data for the following purposes:
  3. To conclude and perform contracts (legal basis: Article 6(1)(b) of the DPA),
  4. Fulfillment of legal obligations incumbent on the administrator, in particular the maintenance of accounting records (legal basis: Article 6(1)(c) of the DPA),
  5. To establish, assert or defend claims that the Administrator may raise or that may be raised against the Administrator (legal basis: Article 6(1)(f) of the RODO).
  6. The administrator processes data provided to him in connection with the conclusion or performance of the contract, in particular: name, phone number, e mail address, address.
  7. Provision of data is necessary for the execution of the contract and due to the Administrator’s statutory obligations (in particular – tax obligations). Failure to provide data prevents the conclusion and continuation of the contract and the performance of statutory obligations incumbent on the administrator as an entrepreneur.
  8. Personal data may be transferred to entities providing accounting services to the Administrator, as well as to suppliers of ordered goods selected by the Customer.
  9. Data subjects have the following rights:
  10. The right to access, rectify, erase, as well as restrict the processing of your personal data, object to its processing, as well as the right to data portability,
  11. The right to lodge a complaint with a supervisory authority – a person whose data is processed by the controller has the right to lodge a complaint with a supervisory authority if he or she considers that the processing of personal data concerning him or her violates applicable data protection laws. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
  12. In order to exercise the above-mentioned rights, you should contact the Data Controller by sending a relevant message by writing to the above-mentioned address of the Data Controller, or by e-mail to: designer@ziemannandco.com
  13. The data controller shall retain personal data for the period necessary to perform the obligations under the concluded contract and for the purpose of establishing, asserting or defending claims that may have arisen in connection with the concluded contract. Data shall be kept for the period of existence of the legitimate interest pursued by the controller, but no longer than the period of the statute of limitations for claims against the data subject. Data shall be stored for no longer than the period prescribed by the laws providing the basis for data processing, among others. the statute of limitations on tax liabilities affected by the agreement.

§10 Final provisions

  1. Contracts concluded through the Online Store are concluded in the Polish language.
  2. All rights to the Online Store, including copyrights, rights to its name, its Internet domain, the Store’s website, as well as to the logos posted on the site (except for logos and photos presented on the Store’s Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and their use may be made only in the manner specified and in accordance with the Regulations and with the consent of the Seller.
  3. The Seller uses the mechanism of “cookies” files, which are saved by the Seller’s server on the hard drive of the Customer’s final device when Customers use the Store’s Website. The use of “cookies” is aimed at the proper operation of the Store Website on Customers’ terminal devices. This mechanism does not damage the Customer’s terminal device and does not cause changes to the Customers’ terminal devices or the software installed on these devices. Each customer can disable the “cookies” mechanism in the browser of his/her end device. The Seller indicates that disabling “cookies” may, however, make it difficult or impossible to use the Store’s Website.
  4. The Seller reserves the right to make changes to these terms and conditions for important reasons, in particular: in the event of changes in applicable laws, the obligation to comply with the decisions of authorized public authorities, the introduction of new functionalities of the Online Store, changes in the possible methods of order processing (including: changes in forms of payment, changes in delivery methods), the removal of ambiguities or errors in the terms and conditions, changes in the Seller’s data. The Seller will inform Customers of changes in the regulations at least 7 – days in advance of the effective date of the changes by posting on the store’s website an appropriate information about the change in the regulations, as well as send to the e – mail address of Customers who have registered, relevant information about the change in the regulations (with the attached regulations in the new wording in .pdf format). Amendments to the regulations will not affect orders placed and processed, which are covered by the regulations in effect at the time of the order.