therms and conditions - CODEZERO

CODEZERO SHOPPING ONLINE TRADING TERMS VALID FROM THE DATE 01.02.2016

I. General conditions  

1. www.codezero.pl is a website operated by Code Zero M. Matla and J. Kuciel civil law partnership. The company is registered in Poland under company number 221621656 and with registered office in Sopot.

2. Code Zero civil law partnership is registered as VAT payer. Our VAT identification number is 5851464021.

3. www.codezero.pl sells products exclusively offered by Code Zero civil law partnership.

4. The term Buyer means a person (a natural legal person, a body corporate or unincorporated organization) who places an order through our website on product offered by Code Zero. If the Buyer places the order using any form allowed by shop’s trading terms, the Buyer will agree to be bound by these terms and conditions.

5. Code Zero has the right to revise and amend the term and conditions, and apply from the day they are published on company’s website www.codezero.pl

6. Disputes are settled out of court and the Buyer is obliged to use this form of agreement as primary way to assert his rights. In this case the Buyer should write to Code Zero by email or post and outline the stance and expectations. Code Zero company is obliged to answer back by email or post and provide explanations leading to out – of – court settlement. The Buyer shall receive a response within 14 days.

7.     The relevant court to stake a claim connected with execution, failure to perform or improper execution of the contract is the court having jurisdiction over Code Zero seat.    

II. Placing an order  

1. The customer can place an order via Code Zero website, by phone or e-mail available on www.codezero.pl

2. All orders are subject to acceptance by Code Zero, and the company will confirm such acceptance by sending an e-mail with confirmation and terms of order execution. Order acceptance means conclusion of the sale contract between Code Zero and the Buyer.

3. In case of e-mail order the Buyer should provide the following information: data for VAT invoice (name, surname, address and, if necessary, VAT identification number), necessary data for the product dispatch (name and surname, person’s address to whom the product should be delivered – if it is different from the one placed on VAT invoice), contact details (phone number, e-mail). Providing all the above information is a necessary condition for the correct order execution.

4. Placing an order via Code Zero website www.codezero.pl is with the moment of clicking “Make Payment” button. By clicking the button the Buyer is bound to pay for the ordered product. After placing an order via www.codezero.pl the customer receives a confirmation e-mail with all the terms and conditions.

5. Condition for order execution made by the Buyer via website is to provide all the information asked in the order sheet – phone number, e-mail address which enable direct contact with the Buyer.

6. If the given information are not true or are dubious, Code Zero can cancel the contract.

7. If the ordered item is available in a warehouse and the order has been made according to all terms and conditions, the order fulfillment will proceed during 5 workdays since the payment will be recorded on the books. If the ordered item is not available in the warehouse, the order fulfillment will take 14 workdays since the payment is recorded on the books.

8. All the products are delivered only by courier companies, which Code Zero chooses to use. Delivery cost is paid by the Buyer and it is added to the product price. It is necessary condition for the order fulfillment.

9. 1 or 3 workdays for transport have to be added to the order fulfillment day. Transport time and the order fulfillment time together mark the date of delivery.

10. For every product sold Code Zero prepares a VAT invoice.

11. Sales made by Code Zero online shop and the result of order made via e-mail placed by the Buyer is held based on distance contract described in Poland’s official gazette, pursuant to Art. 2 sec. 1 from 30th May 2014 about Consumer’s rights (Journal of Laws from 2014, No. 827). A consumer is any natural person with a trader making the legal action unconnected with his trade or profession.  

III. Consumer’s right to cancel the contract  

1. The Buyer contracted as a consumer is entitled within 14 days to dissolve the contract without stating any reasons.  After 14 days since the date of delivery the time of cancellation expires – it concerns the product delivered to the Buyer or the third party, other than a carrier, named as a recipient.

2. To cancel the contract, the Buyer must inform about the decision Code Zero M. Matla and J. Kuciel civil law partnership in writing. The buyer can submit the cancelation statement by post or by e-mail: info@codezero.pl

3. To cancel the contract the Buyer contracted as a consumer can use the model form, but it is not necessary. The Buyer contracted as a consumer can fill in the form and send it to Code Zero company or write any other statement by e-mail on our website www.codezero.pl. If the person decides to cancel the contract by e-mail, Code Zero will send the Buyer cancellation confirmation forthwith by any durable media (i.e. e-mail)

4. To keep the date for contract cancellation, the Buyer contracted as a consumer should send the information about the execution his rights to withdraw from the contract before the set deadline.

5. The contract cancellation right does not apply to personalized and custom made products (i.e. color of cloth, lining, cut, letters or numbers) – pursuant to Art. 38 sec. 3 from 30th May 2014 about Consumer’s rights.  

IV. Consequences of cancellation by the consumer  

1. In case of cancellation by the Buyer contracted as customer from the distance contract, Code Zero shall return any monies paid, including the delivery costs (with the exception of additional costs chosen by the Buyer which was more expensive than offered by the company) paid as soon as possible and no later than within 14 days since the company will be informed about the Buyer’s decision on the right to withdraw enforcement from the contract. Code Zero returns the money using exactly the same means of payment which was used in the primary transaction; other payment solutions have to be agreed with the Buyer. The Buyer is not charged with any additional costs connected with the product return. Code Zero can belay the money return until the product is returned or confirmation of return delivery is provided, depending on which action is first.

2. The Buyer contracted as the customer is obliged to send back or transfer the product to Code Zero forthwith, no longer than 14 days after the buyer informed the company about cancellation distance contract. The term is retained, if you send back the item before the expiry of 14 days. The returned products should be sent with the invoice and alternatively bank account number on which money should be transferred.

3. The Buyer who is a consumer, who withdrew from the agreement concluded at a distance, is only responsible for a reduction in the value of products as a result of using it in a different way than was necessary to establish the nature, characteristics and functioning of things.  

V. Prices and payment for ordered products  

1. All prices of the products offered by the Code Zero are shown on the website of the company’s shop are gross, i.e. include VAT tax. Binding on the Buyer, who places an order via Code Zero, e-mail or telephone, are the prices given in the online shop at the time of the order (if ordered through the website www.codezero.pl - at the moment of clicking ‘Make Payment’).  

2. Payment for product ordered by the Buyer shall be made via bank transfer on the company’s bank account. Such transfer can take place not later than within 2 working days from the date of receipt by the Buyer confirm the order - after the expiry of this period, the Code Zero company withdraws from the contract of sale, and the Buyer's order will be cancelled.  

VI. Product’s use and care  

1. Code Zero products are made of a new fabric of the sail or second-hand sail or used sail fabric. The Buyer acknowledges and agrees that products made ​​from second-hand or used sail cloth wear normal signs of use and storage or transportation, such as discoloration, traces of contact with a fixed or mobile rigging, mold, traces of contact with water, salt, rain, sun and other weather conditions. These features are described in the description of the products on the Code Zero website and may vary on individual products, and some do not occur. This kind of signs of use on the sail fabric, from which the products are made​​, they can not serve as a basis for order cancellation claims by the Buyer under the warranty or guarantee and do not constitute defects in natural things (products, cloths).

2. Products both made ​​of the new fabric sailing, as well as from the used fabric or used sail may discolor or acquire other characteristics in the case of prolonged contact with water or exposure to sun, rain or other adverse weather conditions.

3. All products manufactured by Code Zero company should be washed by hand with water and plain, soft soap. It is not possible to dry clean or laundry in the washing machine, rotary washing machine or other of these products. Code Zero is not responsible for damage caused due to improper care of manufactured products (in particular in the field of nonconformity and under warranty).

4. Code Zero company is not responsible for the product misuse, i.e. not in accordance with good practice sailing, produced by the use of the company's products and for any damage caused in this way (for example, swimming on pouffe or bags, soaking bags and their contents, using the bag to draw water, etc.).

5. New sailcloth comes from German manufacturer Dimension Polyant and from the Dutch company Contender, and are produced in Europe.  

VII. Guarantee and warranty  

1. Code Zero grants to the Buyers not contracted as consumers 12-month warranty on products made ​​of a new sailing fabric only in respect of the seams and stitching. Code Zero company does not grant warranty on the fabric, both new and used, from which the goods were produced. Complaint must be submitted within 14 days from the date of discovery of the defect in writing to the company’s postal address or by e-mail, at the same time sending the purchased goods. To comply with this deadline, you must send a complaint before it expires. Code Zero company has 14 days from receipt of the product sent for consideration of the complaint. The method of handling complaints Code Zero can inform by telephone, in writing or by e-mail.

2. Code Zero is liable to the Buyer contracted as a consumer under the warranty for material defects if the defect has been found in a period of 24 months from the date of issuing product to the Buyer, or indicated by the third party. To keep the right it is necessary for Buyer to inform Code Zero company, within two months from the observation of non-conformity. To comply with this deadline, you must send the complaint before it expires. Code Zero company has 14 days (date of reaching a statement to the Buyer contracted as a consumer) to respond to the application; the decision can be submitted by e-mail.

3. If the sold product has a defect, the Buyer can demand the exchange for defect-free product or removal of the defect. Code Zero company is obliged to replace the defective thing as free from defects or rectify the defect within a reasonable time without undue inconvenience to the Buyer. Code Zero may refuse to compensate request to the Buyer, if brought into conformity with the contract of things flawed in a manner chosen by the Buyer is impossible or in comparison with other possible way to enforce compliance with the agreement would require excessive costs. If the Buyer is an entrepreneur, the seller may refuse to exchange items for defect-free or defect removal even if the costs outweigh the damages of the sold products.

4. If the sold product has a defect, the Buyer can make a statement on reduction in price or withdraw from the contract, only if  Code Zero immediately and without undue inconvenience to the Buyer replaces the defective one in favor of defect-free item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller did not satisfy the obligation to exchange things for defect-free or defect removal.

5. If the Buyer is contracted as a consumer, he may instead be offered by Code Zero to remove the defects referred to in this section, he can require the exchange things free from defects or replace things requiring defects removal, if it is impossible to bring things into conformity with the contract in a manner chosen by the Buyer or it would require excessive costs in comparison with the method proposed by Code Zero. During evaluation of these costs, the company takes into account the value of  free from defects products, the nature and importance of the defects, and also the inconvenience the Buyer would meet. Reduced price should be in the same proportion to the price resulting from the agreement, in which the value of things from the defect is the value of things without the defects. The Buyer cannot cancel the contract if the defect is irrelevant.

6. The Buyer who shall exercise the powers under warranty, is obliged at the expense of Code Zero to transport the faulty product to Code Zero company’s legal address.

7. If the Buyer contracted as a consumer has requested the exchange of product or the defect removal or made ​​a statement to lower price, specifying the amount by which the price should be reduced, and Code Zero company did not respond to this request within 14 days, it is considered that the claim is found to be justified.

8. The Buyer is obliged to check on delivery, if the product has not been damaged during transport, and if it is found that the packaging bears the characteristics of such damage (i.e. disjunctive box), then the Buyer should refuse to accept it and prepare the protocol of damages with the courier and contact Code Zero company. Verification of the consignment is a prerequisite for a claim related to damage made during transportation.    

VII. Copyright  

1. Code Zero reserves the exclusive copyright, as property and non-material, all produced by Code Zero products in their execution (sewing and stitching method, used stitches) and for sailing bags and sacks - as well as to the cut of pocket in Storm Orange bag. Any violation mentioned above laws, in particular typefaces copying performance and mentioned above products (including pocket Storm Orange), regardless of their purpose, is prohibited.

2. Code Zero reserves the exclusive copyright to all images, information and content provided on the website www.codezero.pl, advertising products, information and statements issued for the purposes of advertising and marketing by Code Zero, as well as by others - as far as they concern the company, regardless of the medium on which they were made, or the media through which they were distributed or made available. Any violation mentioned above laws, in particular copying, distribution or other way of making it available without the knowledge and consent of the Code Zero company, regardless of their purpose, is prohibited.

VIII. Personal Data 

1. By placing an order the Buyer agrees to the processing and use of personal data in order to the contract execution and the sale agreement and for company’s marketing and promotional materials. These data will not be used for any other purpose or disclosed to the third parties, except for cases specified by the rules and as a result of the authorization by the Code Zero. This does not include the public data available or disclosed in the open registers.

2. Buyer's personal data is processed by Code Zero solely for the purposes of the Company and stored with due care and protected against access by the unauthorized people, i.e. not authorized to do so by the Code Zero company, pursuant to the Act of  29th August 1997 on the protection of personal data.

3. The buyer has the right to have an access to his data, their correction and can demand desistance to further use.