Terms and Conditions
Please read these Website Terms and Conditions (“T&C”) and all other terms of use and agreements referenced herein and therein carefully as they contain important information regarding your legal rights, remedies, and obligations in connection with your access and use of the website.
These Website Terms and Conditions and all other terms and conditions and documents referenced herein constitute a legally binding agreement between Zigbuy and each end-user of the Website (each, a “User”, “you”, or “your”). By accessing and using the Website in any manner, you are deemed to have read, accepted, executed, and be bound by these Website T&C.
I. DEFINITIONS
The terms used in the Regulations mean:
- Zigbuy - Nextedge Technology Sp. z o.o., ul. Malopolska 102H, 42-218 Częstochowa, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Częstochowa, XVII Commercial Division of the National Court Register under KRS 0001123620, NIP: 5732955681, REGON: 529470868, share capital: PLN 50,000.00.
- User – i) a natural person, including a Consumer, who has legal capacity and/or is at least 13 years of age, and if this person is under 18 years of age, the consent of his or her statutory representative or legal guardian is required, and also ii) a legal person and an organizational unit that is not a legal person, to which special provisions grant legal capacity, which uses or intends to use the Website, including the Online Store.
- Consumer – a natural person who enters into a legal transaction with a business that is not directly related to their commercial or professional activity, including the purchase of goods or use of services for purposes unrelated to their business or professional activities. This includes individuals who enter into a contract that is directly related to their business activity, provided the contract content indicates that it is not characteristic of their professional activities, particularly based on the object of their business.
- Account (User Account) – part of the Website within which the User can use selected functionalities indicated in the T&C.
- Password - a sequence of alphanumeric characters necessary for authorization (identification of the User) when gaining access to the Account, determined independently by the User.
- Newsletter - commercial information made available by Zigbuy via email, intended directly or indirectly to promote the goods, services or image of Zigbuy or other entities cooperating with Zigbuy.
- Terms and Conditions – these regulations of the Website together with all appendices mentioned therein, also referred to as “T&C.”
- Online Store – functionality of the Website through which you can place an Order.
- Online Store Regulations – regulations for sales using means of distance communication and the provision of services by electronic means, constituting Annex No. 1 to the T&C.
- Parties – Zigbuy and the User.
- Privacy Policy - a document of the Privacy Policy of the Website, constituting a set of information regarding the processing of the User's personal data.
- Registration – a one-time activity consisting in setting up a User Account, performed independently by the User and/or at the User's request.
- Goods - as defined in point 1.3 of Annex No. 1 to the T&C.
- Order - as defined in point 1.2 of Annex No. 1 to the T&C.
- Website – all functionalities made available by Zigbuy on the zigbuy.pl, zigbuy.de., and zigbuy.com domains.
II. GENERAL TERMS
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The Terms and Conditions define the rules of using the Website. The Website enables the following for Users:
- management of personal data provided in User Account (requires Registration and login),
- tracking of the status of Orders in the Online Store (requires Registration and login),
- controlling and managing Orders (requires Registration and login),
- access to User Account (requires Registration and login),
- access to Discount Codes (requires Registration and login, if available only in the User Account),
- informing about Goods available in the Online Store (does not require Registration and login),
- placing Orders (does not require Registration and login),
- communication regarding Goods and activities on the Website (may require Registration and login in accordance with the messages on the Website).
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The provisions of the Terms and Conditions do not violate the rights of Consumers under generally applicable law.
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Unless other provisions of the T&C provide otherwise, exclusive rights to the content made available on the Website, in particular copyrights, markings of the Online Store, trademarks of Zigbuy and producers of Goods, and others available on the Website, the graphic elements, software, database rights, and other intellectual property rights that constitute them are subject to legal protection and are vested in their owners, Zigbuy, or entities with which Zigbuy has concluded appropriate agreements. The use of all content available on the Website, in particular its reproduction and distribution, is permitted only to the extent provided for by law, in particular as part of permitted personal use.
III. SCOPE, CONDITIONS AND RULES OF USING THE WEBSITE
- Zigbuy undertakes to provide services to Users to the extent and under the conditions specified in the T&C.
- The contract for the provision of electronic services is concluded upon effective completion and acceptance by the User and/or at the User's request of the registration form, or each time the User uses the Website (in the absence of registration and login). In both cases, the contract is concluded for an indefinite period.
- Registration takes place by completing and accepting the registration form available on the Website.
- Zigbuy reserves the right to modify the technical method of implementing the functionality of the Website, in accordance with the scope and conditions resulting from the authorizations held, as well as in accordance with the technical possibilities, without impairing their quality and without affecting the scope of the rights and obligations of the Parties.
- In order to ensure the functioning of the Website and the security of communication on the Website, in particular when placing Orders, Zigbuy takes technical and organizational measures appropriate to the degree of threat to the operation and security of the Website.
- Zigbuy is not an "Internet" provider or a provider of other publicly available telecommunications services. The User should, on his/her own, obtain access to a computer workstation or terminal device through which it is possible to contact the Website and use its functionalities.
- The User who has agreed to receive information about Zigbuy's products and promotions or has subscribed to the Newsletter in any other way provided by Zigbuy will receive the Newsletter. Zigbuy decides on the date of sending the Newsletter. The User may unsubscribe from receiving the Newsletter at any time, in particular by clicking on the appropriate Internet link (link) provided in the Newsletter.
- Conversations with the User conducted via chat are recorded and archived for information and evidentiary purposes. If the User does not consent to the archiving of conversations conducted via chat, he or she should stop using the chat.
- Users are obliged in particular to:
- use the Website in a way that does not interfere with its functioning, including through the use of specific software or devices,
- not to take actions such as sending or posting unsolicited commercial information on the Website,
- not taking actions aimed at obtaining information not intended for the User,
- use the Website in accordance with the law and the T&C, including not providing or transmitting content prohibited by applicable law,
- use the Website in a way that is not burdensome for other Users and Zigbuy, respecting their personal rights (including the right to privacy) and all their rights,
- use the content available on the Website only for their own personal use; any other use of content belonging to Zigbuy or third parties is permitted only with the express consent of Zigbuy or their owner.
- The Website and Website Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by the User for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Website without the express prior written consent of Zigbuy and/or the applicable third-party owner thereof in each instance.
- You have the right to notify Zigbuy of any violation of your rights or any breach of the rules of the T&C or the Privacy Policy.
- You have the right to notify Zigbuy of any irregularities, defects, or interruptions in the operation of the Online Store, as well as of any defective services.
- We may deprive you of the right to use the Website, including placing Orders, and we may also limit your access to the Website, with immediate effect, in the following cases:
- you provide misleading data or data that violate the rights of third parties,
- you violate personal rights, in particular of other Users,
- actions or omissions by you that are inconsistent with the T&C, applicable law or principles of social coexistence.
- A person deprived of the right to use the Website pursuant to the provisions of point 13 above, may not re-Register without the prior consent of Zigbuy. In this case, Zigbuy provides the User deprived of the right to use the Website an electronic mechanism enabling archiving information regarding Activation Codes and purchase history made available in the User Account in the form of PDF files.
IV. COPYRIGHTS
- The website at www.zigbuy.de/www.zigbuy.pl/www.zigbuy.com is protected by copyright. All rights not expressly granted to the User under the provisions of the T&C are reserved. In particular, commercial actions such as reproduction, copying, distribution, dissemination, or storage of parts or the entire content of the Website are prohibited without prior written permission from Zigbuy, except as provided by law or specified otherwise in the regulations.
- Zigbuy grants the User a non-exclusive, free, and non-transferable right to use the copyrighted works published on the Website based on the contract for the provision of services, exclusively for the purpose of using the services, concluding purchase contracts, or service agreements. The use of the Website and its content is permitted only for the User’s personal and non-commercial purposes. The right of use described in this paragraph automatically expires at the end of the binding service contract.
- Zigbuy allows the User to print copies or excerpts from the Website solely for the User’s personal use, which is not connected to the User’s business or professional activities.
V. WEBSITE ACCESS REQUIREMENTS; UPDATES AND MAINTENANCE
- The use of the Website is possible provided that the IT system used by the User meets the following minimum technical requirements:
- a device (computer, laptop, tablet, smartphone, or other device supporting the HTTPS protocol) connected to the Internet,
- Internet browser version supported by the browser and device operating system manufacturers, with JavaScript and Cookies enabled.
- Although we are working to ensure that the Website is compatible across various devices, we cannot guarantee that the Website will work with all devices. It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Website may vary in functionality, availability, and quality depending on the type of the device and the operating system that you use and Zigbuy accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system, or settings and software).
- Zigbuy may in the future update the Website for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). Zigbuy shall not be liable to any User in any way as a result of any temporary or permanent suspension of the Website or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, Zigbuy is under no obligation to undergo an Update of the Website to the extent any Website Content and/or tool, product, service, functionality, or feature thereof is out of date. Following an Update, you may not be able to use the Website until you have downloaded the latest version and accepted any new terms.
- Zigbuy declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying User’s data by unauthorized persons, therefore Users should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use programs to protect against cyber-security threats (e.g., malware, fake phishing websites) and protect the identity of Internet users. Zigbuy never asks the User to provide him with the Password to the User Account in any form.
VI. COMPLAINTS REGARDING THE FUNCTIONING OF THE WEBSITE
- Zigbuy undertakes actions to ensure the correct operation of the Website, to the extent that results from the current technical knowledge, and undertakes to immediately remove defects or interruptions in the functioning of the Website, which have been reported by the Users.
- The User may notify Zigbuy of any defects or interruptions in the functioning of the Website (“Website Complaints”).
- The User may submit a Website Complaint to the following address: support@zigbuy.com
- The User may submit a Website Complaint within 30 days from the date on which the defects or interruptions in the functioning of the Website occurred. A complaint filed by the User after the expiry of the deadline specified in the first sentence shall not be considered, and Zigbuy shall immediately notify the User about this, which, however, shall not prejudice the User's ability to pursue claims resulting from generally applicable provisions of law.
- In the Website Complaint, the User should provide: their name and surname, correspondence address, type, and date of occurrence of the reasons for the Website Complaint.
- Zigbuy will respond to the Website Complaint:
- within 14 days from the date of its receipt – applies to Consumers,
- within 30 days from the date of its receipt – applies to Users who are not Consumers.
- Zigbuy shall provide the Response to the Website Complaint to the User electronically via email, on paper, or another durable medium.
VII. RESPONSIBILITY
- Zigbuy is not responsible for technical problems or limitations, including the speed of data transfer of computer equipment, end devices, IT systems, and telecommunications infrastructure used by the User, which prevent the User from using the Website.
- The User is solely responsible for ensuring technical compatibility between the computer equipment or end device used and the IT or telecommunications system and the Website.
- The User is responsible, just as he is for his/her own actions or omissions, for the actions or omissions of another entity which he enables the use of the Website through his/her own User Account.
- Zigbuy is not responsible for the consequences of using the Website in a manner inconsistent with applicable law, the T&C, or the principles of social coexistence or customs adopted in this regard.
- Zigbuy reserves the right to suspend or terminate the provision of individual functionalities of the Website due to the need for maintenance, inspection, or expansion of the technical base, provided that this does not violate the User's rights.
VIII. TERMINATION OF THE CONTRACT FOR THE PROVISION OF ELECTRONIC SERVICES
- Each Party may, at any time and without giving reasons, terminate the contract for the provision of electronic services, provided that the other Party retains the rights acquired before the termination of such contract and the provisions below.
- A User who has a User Account terminates the contract for the provision of services electronically:
- by deleting the User Account on his/her own,
- by submitting such an instruction on a subpage of the Website, or
- by submitting a request to delete the User Account to Zigbuy.
- If Zigbuy wishes to terminate the contract for the provision of electronic services, Zigbuy will inform the User about this to the e-mail address provided in the User Account 14 days before the planned date of deletion of the User Account and the contract will terminate after a 14-day notice period.
- Zigbuy has the right to resign from maintaining the User Account or any of its functionalities, in particular if no other Orders have been made using the User Account within 12 months from the date of the last Order. The User will be informed about the resignation at least 14 days in advance by electronic correspondence to the e-mail address provided in the User Account and after logging in to the User Account.
IX. OUT OF COURT METHODS OF RESOLVING DISPUTES
- Zigbuy is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. Information on alternative dispute resolution methods and the Online Dispute Resolution (ODR) platform can be found at: http://ec.europa.eu/consumers/odr/. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract.
X. DISPUTE RESOLUTION
- These T&C are subject to Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the User is a Consumer with habitual residence within the EU, the mandatory consumer protection provisions of the User’s country of residence shall also apply.
- The competent court for the resolution of disputes arising from these T&C, the service contract, and purchase contracts is the court with jurisdiction both materially and locally. If the User is not a Consumer, the place of jurisdiction for all disputes arising from contractual relationships between the customer or User and Zigbuy is the location of Zigbuy’s headquarters.
XI. FINAL PROVISIONS
- For Users from Poland: Based on Art. 6 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Dz. U. z 2002 r., No. 144, item 1204, as amended), Zigbuy informs the User, at the User’s request and in the form chosen by the User, about specific risks related to the use of electronic services.
- Zigbuy is entitled to unilaterally change the T&C in the event of:
- organizational or legal changes of Zigbuy,
- changes in applicable legal provisions applicable to the Website,
- changes in the functionality of the Website, provided that changes to the T&C are aimed at adapting the content of the Regulations to its functionality.
- Zigbuy will notify the User about each change to the T&C in the form of a message sent to the e-mail address provided to Zigbuy by the User. The User will be bound by the provisions of the new T&C unless they terminate the contract for the provision of electronic services within 14 days from the date of notification of the change in the T&C. The amendment to the T&C, insofar as it relates to Sales Agreements concluded before the amendment to the T&C and to Orders that were placed before the amendment to the T&C, does not change their content and conditions.
- The T&C in this wording enter into force on 1 December 2024.
Annex No. 1 to the Terms and Conditions
Online Store Regulations
1. Definitions
In the Online Store Regulations, we use terms defined in Chapter I of the T&C, as well as terms with the following meaning:
1.1. Buyer or Customer – a User who has entered into a purchase contract with Zigbuy;
1.2. Order – the declaration of intent to purchase Goods or services made by the User through the Online Store (by electronically filling out the corresponding form), which enables Zigbuy to identify the User and specifies the Goods or services that shall be the subject of the purchase contract or service agreement;
1.3. Goods – movable property offered by Zigbuy through the Online Store, which may be the subject of a Sales Agreement (this term also includes accessories and components, including software and digital content delivered to the Buyer with or separately from the Goods);
1.4. Delivery – the delivery of the Goods specified in the Order to the Buyer by Zigbuy, which may include delivery directly by Zigbuy, through a supplier, or via couriers and carriers;
1.5. Sales Agreement – a sales agreement concluded remotely between the Buyer and Zigbuy. For physical goods, the Sales Agreement is concluded when Zigbuy sends the Buyer an order confirmation or shipping confirmation after the Order is placed in the Online Store. For digital content, the Sales Agreement is concluded immediately upon the Buyer placing the Order;
1.6. Shopping Cart – An electronic form provided by Zigbuy in the Online Store, allowing the User to select a product for ordering.
2. Use of the Online Store
2.1. In order to place an order in the Online Store and to use the services provided by Zigbuy, the customer must have an active e-mail box.
2.2. The User Account is assigned to the User, who logs in by entering the corresponding username and Password. The User agrees not to disclose the Password to third parties. All actions, including declarations of intent, carried out through the User account are attributed to the User. This particularly applies to Sales Agreements concluded in connection with Orders placed from the User Account unless the Password was disclosed for reasons for which Zigbuy is responsible.
2.3. Information stored in the User Account is accessible to Zigbuy.
2.4. Registration and use of the User Account do not apply to Users who use the Online Store in "Guest" mode. In this case, before placing an order, the User is required to fill out the corresponding electronic form (available in the Online Store) by entering the data required by Zigbuy to identify the User and for the conclusion and execution of Sales Agreements.
2.5. The personal data required for User identification includes the User's first and last name, email address, phone number, and the delivery address for the Goods or Services. Depending on the products purchased in the Online Store, the User may be asked to provide additional information, such as their date of birth. A User who uses the Online Store in "Guest" mode is not required to accept other clauses.
2.6. By placing an Order, the User confirms that they accept the T&C.
2.7. Each time the electronic form for placing an Order in "Guest" mode is filled out and sent, a new service agreement between the User and Zigbuy is concluded. Such a contract ends and ceases to be binding between the Parties if:
2.7.1. the respective Order is canceled, or
2.7.2. the Sales Agreement is executed by the Parties, or
2.7.3. it loses its binding force for other legally provided reasons, or
2.7.4. the data entered by the User make the execution of the Sales Agreement impossible.
2.8. The execution of the Sales Agreement may, depending on the form of execution chosen by the User, require the provision of additional data as part of the Order to ensure proper execution.
2.9. If the binding force of the contract for the provision of electronic services ceases to exist between the Parties, the User Account ceases to be active and available to the User, and all Orders placed by the User, except for those for which Sales Agreements have already been concluded, are canceled (no longer binding on the User).
3. Invitation to Make an Offer
3.1. Goods are presented through the Online Store along with their prices, inviting Users to enter into Sales Agreements. Advertisements, promotions, price lists, and other information in the Online Store do not constitute an offer but rather an invitation to submit an offer. They also do not constitute a warranty from Zigbuy.
3.2. The photos and descriptions of Goods in the Online Store are for visual purposes only to give Users a general idea of the characteristics, appearance, and usability of the goods. The appearance of the Goods in the photos may differ slightly from the actual Goods delivered to the Buyer due to different monitor settings, lighting conditions, and other factors associated with online shopping. These deviations do not affect the technical specifications and brand or model names provided in the Online Shop. For clarity, this provision does not limit Zigbuy's liability to Users or Buyers who are Consumers.
4. Conclusion of the Sales Agreement
4.1. The delivery area of www.zigbuy.pl is Poland, the delivery area of www.zigbuy.de is Germany, and the delivery area of www.zigbuy.com is the European Union.
4.2. By clicking the „Zamów i zapłać teraz”/"Jetzt Bestellen und Bezahlen"/"Pay Now and Buy" button, the User submits a binding offer to purchase the Goods in the Shopping Cart and agrees to the validity of the T&C. The automatic confirmation sent after the Order is placed confirms the content and receipt of the User's Order by Zigbuy but does not yet constitute acceptance of the User's offer. A contract with Zigbuy is only concluded through Zigbuy's declaration of acceptance, which is sent in a separate email (order confirmation or shipping confirmation).
4.3. In the event of acceptance of the User's offer, Zigbuy will declare acceptance within 5 days from receipt of the User's Order. If Zigbuy does not declare acceptance within this period, the User's Order is not accepted. If no acceptance occurs, Zigbuy will inform the User by email that the Order was not accepted and will refund the User the price paid for the Goods or the Goods and shipping costs for the part of the Order that was not accepted within 14 days of notifying the User of the rejection.
4.4. The User may cancel his/her own Order until the Sales Agreement is concluded, i.e. before the date of receipt of the e-mail with Zigbuy's declaration of acceptance referred to in point 4.2 above. To do this, please contact Zigbuy or cancel the Order via the User Account. The possibility of canceling the Order does not prejudice the possibility of withdrawing from the Sales Agreement in accordance with applicable regulations.
4.5. The Customer‘s contractual partner for orders from the Zigbuy Online Store is: Nextedge Technology Sp. z o.o., ul. Malopolska 102H, 42-218 Częstochowa, Poland, email: support@zigbuy.com.
4.6. The customer is responsible for providing accurate data when placing an Order. If the delivery address is incorrect, the customer bears the costs of shipping to the corrected delivery address.
5. Availability of Goods, Partial Deliveries
5.1. If the Goods ordered from Zigbuy are not available at the time of the Order, Zigbuy reserves the right not to accept the Order for the Goods, and no contract will be formed. The Customer will be informed of this. Any payments already made will be refunded to the Customer without delay.
5.2. If only part of the Order can be fulfilled, Zigbuy will inform the Customer about the rejection of the entire Order or suggest partial execution of the Order (by offering a partial cancellation). If the Customer agrees to this proposal, the Sales Agreement will only be concluded for the parts of the order that have not been canceled (the part of the order that cannot be fulfilled is deemed not to have been placed). The Customer can agree to the partial cancellation of the Order and the execution of the remaining Order by email within 3 days of receiving Zigbuy’s proposal. If the customer does not send a confirmation to Zigbuy within this period, the entire Order will be considered not placed.
5.3. Zigbuy is entitled to withdraw from a Sales Agreement that has already been concluded if, despite an appropriately concluded covering transaction, no delivery from Zigbuy's supplier occurs for reasons beyond Zigbuy’s control. Zigbuy will promptly inform the Customer of this. The right of withdrawal may be exercised by Zigbuy within 14 days from the date of conclusion of the Sales Agreement.
5.4. Zigbuy reserves the right to send Orders containing multiple items in partial deliveries from warehouses deemed appropriate by Zigbuy. If an item is momentarily not available, delivery will take place at a later date, with the Customer being informed, or, with the Customer’s consent, an alternative product will be offered.
6. Payment
6.1. All prices on www.zigbuy.pl are in Polish Złoty and all prices on www.zigbuy.de and www.zigbuy.com are in Euros. All prices include all elements, including statutory value-added tax (VAT), customs duties, etc. However, in the case of offers for Users who are not Consumers, information on prices may present values without VAT, which will be marked on the Website.
6.2. The Customer may choose from the payment methods displayed during the checkout process.
6.3. The entered payment details are not stored by Zigbuy but may be stored by the respective selected payment provider. The data protection regulations of the respective payment service provider apply.
7. Financing
7.1. If the User selects financing as a payment method, the corresponding loan agreement will be concluded between the User and one of our financing partners upon successful completion. Our financing partners are: PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal L-2449, Luxemburg (available only on www.zigbuy.de). You will be informed during the ordering process which of our financing partners will handle the financing for your order. Zigbuy will not be the contractual partner of the User or Customer for the financing.
7.2. The financing partner makes the final decision on the loan approval based on the information and documents submitted by the User. If the financing partner (initially) rejects the financing request, the User may choose another payment method.
7.3. Zigbuy will reserve the User’s Order at Zigbuy for at least 7 days from the order date, pending a final loan approval from the financing partner. If the financing partner ultimately rejects the User’s financing request or if the User does not complete the identification procedure within the reservation period, Zigbuy reserves the right to reject the User’s Order, meaning no sales agreement for the goods is concluded. The User will be notified separately.
8. Retention of Title
Until full payment is made, the Goods delivered by Zigbuy remain the property of Zigbuy.
9. No Sale to Commercial Buyers
9.1. The Goods offered in the Online Store are sold only to Consumers and entrepreneurs as end users. The commercial resale of Goods is not permitted. Zigbuy reserves the right not to accept contract offers that appear to be made for the purpose of commercial resale of Goods.
9.2. Zigbuy may withdraw from the Sales Agreement, concluded with a Buyer who is not a Consumer, from the moment of concluding the Sales Agreement until the Delivery of the Goods. In this case, withdrawal from the Sales Agreement, may occur without giving a reason, in particular when the Order indicates the purchase of the Goods for the purpose of their further resale. Withdrawal does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
10. Purchase of a Climate-Split Unit
When purchasing a climate-split unit, the Buyer is obliged, in accordance with legal requirements, to have the installation and commissioning carried out by a certified company. By concluding the Sales Agreement, the Buyer confirms that they will engage a certified company for the installation and commissioning.
11. Right of Withdrawal for Consumers
11.1. Right of Withdrawal from Sales Agreements with Zigbuy for Goods:
11.1.1. You have the right to withdraw from the Sales Agreement within 14 days without providing any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the Goods.
11.1.2. In the case of a contract for multiple Goods that you ordered in a single Order and which are delivered separately, the withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last Goods.
11.1.3. In the case of a contract for the Delivery of Goods in several partial shipments or pieces, the withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece.
11.1.4. In the case of a contract for the regular delivery of Goods over a defined period, the withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the first Goods.
11.1.5. To exercise your right of withdrawal, you must inform:
Nextedge Technology Sp. z o.o., ul. Malopolska 102H, 42-218 Częstochowa, Poland, Email: support@zigbuy.com
by means of a clear declaration (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory. You can also fill out and submit the sample withdrawal form or another clear declaration electronically on our website at www.zigbuy.com/contact-us. If you make use of this option, Zigbuy will send you an acknowledgment of receipt of such withdrawal (e.g., via email) without delay. To meet the withdrawal deadline, it is sufficient that you send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
11.1.6. Consequences of withdrawal: If you withdraw from the Sales Agreement, Zigbuy is obliged to refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a different delivery method than the most cost-effective standard delivery offered by Zigbuy), without delay and no later than 14 days from the day Zigbuy receives the Goods back or until you provide proof that you have returned the Goods, whichever is earlier. Zigbuy will use the same means of payment for the refund that you used for the original transaction unless explicitly agreed otherwise; in no case will you be charged fees for this refund.
11.1.7. You must return the goods to Nextedge Technology Sp. z o.o., Poznanska 16D, 62-080 Sady, Poland without delay and in any event no later than 14 days from the day you inform Zigbuy of the withdrawal from this contract. The deadline is met if you send the Goods back before the period of 14 days has expired. The customer bears the cost of returning the Goods to Zigbuy unless explicitly agreed otherwise with Zigbuy.
11.1.8. The returned Goods must be in an unchanged condition unless the alteration was necessary to determine the nature, characteristics, and functioning of the Goods. The Customer must return the goods in the same quantity and quality as they were received (subject to the previous sentence). In particular, all parts, accessories, manuals, usage instructions, and other documents provided with the Goods, as well as the proof of purchase, should be included with the returned Goods. The Customer is liable for any depreciation in the value of the Goods if the depreciation results from handling the Goods in a manner not necessary to ascertain the nature, characteristics, and functioning of the Goods. The Goods must be packed in their original packaging and packed securely to avoid the risk of damage during transport. The Customer is responsible for any damage or loss during return shipment if the packaging was demonstrably inadequate. The package must be labeled with the correct return address of Zigbuy before shipment.
11.2. Right of withdrawal for services provided by Zigbuy:
11.2.1. You have the right to withdraw from a contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded.
11.2.2. To exercise your right of withdrawal, you must inform:
Nextedge Technology Sp. z o.o., ul. Malopolska 102H, 42-218 Częstochowa, Poland, Email: support@zigbuy.com
by means of a clear declaration (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
11.2.3. Consequences of withdrawal: If you withdraw from this contract, Zigbuy is obliged to refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a different delivery method than the most cost-effective standard delivery offered by Zigbuy), without delay and no later than 14 days from the day Zigbuy receives notice of your withdrawal from this contract. Zigbuy will use the same means of payment for the refund that you used for the original transaction unless explicitly agreed otherwise; in no case will you be charged fees for this refund.
11.2.4. If you requested that the provision of services begin during the withdrawal period, you are required to pay Zigbuy a reasonable amount corresponding to the proportion of services already provided until the time you informed Zigbuy of the exercise of the right of withdrawal compared to the total scope of services provided for in the contract.
11.3. Sample Withdrawal Form
If you wish to withdraw from the contract, please use our contact form available on our website.
Alternatively, you can withdraw from the contract by completing this form and sending it to Zigbuy:
To:
Nextedge Technology Sp. z o.o.
ul. Malopolska 102H
42-218 Częstochowa, Poland
Email: support@zigbuy.com
Withdrawal
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*): _____________________________________________________
Ordered on (*)/received on (*): __________________________
Name of consumer(s): ___________________________________
Address of consumer(s): _________________________________
Signature of consumer(s) (only for notification on paper):
Date: _____________________________________________________
(*) Delete as appropriate.
11.4. Exclusion of the Right of Withdrawal:
The right of withdrawal from a contract with Zigbuy does not apply in the following cases:
11.4.1. Contracts for the delivery of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
11.4.2. Contracts for the delivery of sealed goods that, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
11.4.3. Contracts for the delivery of goods that, due to their nature, have been inseparably mixed with other items after delivery.
11.4.4. Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
11.4.5. Contracts for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.
11.4.6. Contracts where the consumer has expressly requested Zigbuy to visit them for the purpose of carrying out urgent repairs or maintenance work. This does not apply to additional services provided during the visit that the consumer has not expressly requested, or to delivered goods that are not necessarily required as spare parts during the maintenance or repair.
11.5. Refund of Shipping Costs:
In the case of a withdrawal of the entire Order, the Customer will be refunded the full shipping costs. In the case of a partial withdrawal, the shipping costs will only be refunded if shipping costs were actually incurred for the withdrawn Goods. Which Goods shipping costs apply to will be indicated to the Customer at the time of order. Shipping costs will not be refunded if they were additionally incurred because the customer opted for a delivery method other than the cheapest standard delivery offered by Zigbuy.
12. Complaints
12.1. Warranty
12.1.1. Customer complaints based on an existing warranty must be addressed directly to the responsible warrantor or through Zigbuy to the responsible warrantor. These complaints will be processed by the responsible warrantor (the issuer of the warranty declaration). The warranty terms are determined by the warranty card included with the product or the information available on the warrantor’s website.
12.1.2. The product subject to the complaint must be delivered directly to the location specified by the warrantor or to Zigbuy, either by the Customer themselves or by a third-party service provider (e.g., courier or postal service), at the warrantor's expense, unless the circumstances require that the defect be rectified at the location where the product was found when the defect was discovered.
12.1.3. The warrantor is obliged to fulfill its duties within the period specified in the warranty declaration, or, if no period is specified, promptly, but no later than 14 days from the day the product is delivered by the warranty holder. The product must be delivered to the warrantor at the warrantor's expense.
12.1.4. A proof of purchase of the product and a valid warranty card are required to file a complaint with the warrantor or Zigbuy based on the warranty.
12.1.5. The period and conditions for processing a warranty-based complaint are set out in the warranty declaration.
12.1.6. The warranty does not exclude, limit, or affect the Customer’s statutory rights or Zigbuy’s liability for any non-conformity of the product with the sales agreement. However, if the Customer exercises their warranty rights, the period for exercising statutory rights related to defects is suspended from the time the defect is reported to Zigbuy. This period resumes from the date of the warrantor's refusal to fulfill the warranty obligations or after the deadline for fulfilling those obligations has passed.
12.2. Non-conformity of the product with the contract
12.2.1. Zigbuy is liable to the Customer for any non-conformity of the product with the contract that existed at the time of Delivery and that becomes apparent within 2 years from that time when the Customer is a Consumer or within 1 year from that time when the Customer is not a Consumer, unless Zigbuy has specified a longer period. If the customer is a Consumer, it is presumed that any non-conformity that becomes apparent within 2 years of Delivery already existed at the time of Delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the product or the nature of the non-conformity.
12.2.2. For products with digital elements, Zigbuy is liable for any non-conformity of the digital content or digital services with the contract that becomes apparent within 2 years from the time of Delivery of the product, provided that the digital content or services were to be supplied in accordance with the contract during that period. If the Customer is a Consumer, it is presumed that any non-conformity of the digital content or services that becomes apparent during that period existed at the time of Delivery, unless proven otherwise.
12.2.3. A product conforms with the contract if it is in accordance with the contract in the following aspects in particular:
12.2.3.1. Description, type, quantity, quality, completeness, and functionality, and in the case of products with digital elements, compatibility, interoperability, and availability of updates;
12.2.3.2. Suitability for a particular purpose known to Zigbuy, which the customer communicated to Zigbuy no later than the conclusion of the Sales Agreement and which Zigbuy accepted.
12.2.4. In addition, to be considered as conforming to the contract, the product must:
12.2.4.1. Be suitable for the purposes for which products of the same type are normally used, taking into account applicable laws, technical standards, or industry best practices;
12.2.4.2. Be in the quantity and possess the features, including durability and safety, that are typical for products of the same type and that the Customer may reasonably expect, considering the nature of the product and any public statements made by Zigbuy, its predecessors, or persons acting on its behalf, particularly in advertisements or on labeling, unless Zigbuy can demonstrate that:
- Zigbuy was unaware of the relevant public statement and could not reasonably have known about it,
- The public statement was corrected before the conclusion of the sales agreement in the same manner or in a comparable way to how it was made,
- The public statement did not affect the Customer’s decision to conclude the sales agreement.
12.2.4.3. Be delivered together with the packaging, accessories, and instructions that the Customer may reasonably expect;
12.2.4.4. Have the same quality as a sample or model made available to the Customer prior to the conclusion of the sales agreement and correspond to the description of such a sample or model.
12.2.5. If the product is not in conformity with the contract, the Customer may demand a repair or replacement. Zigbuy may choose to replace the product if the Customer demands repair, or repair the product if the Customer demands a replacement, if making the product conform to the contract in the manner chosen by the Customer is impossible or would involve disproportionate costs for Zigbuy. If both repair and replacement are impossible or involve disproportionate costs for Zigbuy, Zigbuy may refuse to make the product conform to the contract.
12.2.6. Zigbuy will carry out the repair or replacement within a reasonable period of time after being informed of the non-conformity by the Customer and without significant inconvenience to the Customer, taking into account the nature of the product and the purpose for which the Customer purchased it. The costs of repair or replacement, including shipping, transportation, labor, and materials, will be borne by Zigbuy.
12.2.7. If the product was installed before the non-conformity appeared, Zigbuy will deinstall the product and reinstall it after repair or replacement or bear the costs of performing these operations.
12.2.8. In the case of a significant non-conformity of the product, the Customer has the right to demand a price reduction in proportion to the decrease in the product's value or withdraw from the contract, in which case the Customer must return the product to Zigbuy at Zigbuy’s expense, if:
12.2.8.1. Zigbuy has refused to bring the product into conformity with the contract as specified in point 12.2.5 above;
12.2.8.2. Zigbuy has not brought the product into conformity with the contract;
12.2.8.3. The same non-conformity of the product reappears despite Zigbuy's attempt to make the product conform to the contract;
12.2.8.4. The non-conformity is so significant that a price reduction or withdrawal from the contract is justified without a prior attempt at repair or replacement;
12.2.8.5. Or Zigbuy’s statement or the circumstances make it clear that Zigbuy will not bring the product into conformity with the contract within a reasonable period or without significant inconvenience to the Customer.
12.2.9. The Customer is not entitled to withdraw from the contract or demand a price reduction if the non-conformity of the product is insignificant. A defect is insignificant, in particular, if it only slightly affects the usability or functionality of the product.
12.2.10. In the case of an insignificant non-conformity of the product, the Customer has the right to demand the free rectification (repair) or replacement of the product. Zigbuy may refuse the chosen remedy if it would involve disproportionate costs. If rectification or replacement is not possible, the Customer may not assert further claims such as price reduction or withdrawal if the defect is insignificant.
12.2.11. To expedite the complaint process, it is recommended that the Customer uses the contact form available on Zigbuy’s website and selects the corresponding subject in the drop-down menu. Alternatively, the Customer can inform Zigbuy about a non-conformity of products with the contract by email at support@zigbuy.com or by post.
12.2.12. A product whose complaint is not accepted by Zigbuy due to unfounded reasons or lack of proof of purchase will be returned to the location where Zigbuy received it from the customer, so it can be collected or returned to the customer.
12.2.13. Minor differences in the appearance of the product compared to the appearance of the product displayed graphically in the Online Store (even if the same type, brand, and model) are not grounds for complaint if caused by different monitor settings, lighting conditions, or similar factors related to the use of the Internet for shopping.
12.2.14. The assignment of defect claims is excluded unless the Customer is a Consumer.
13. Liability
13.1. Zigbuy is not liable for errors made by the Customer when placing or modifying the Order.
13.2. Zigbuy is not liable for damages or loss of products occurring during the return shipment of Goods to Zigbuy.
13.3. In cases of force majeure, Zigbuy is entitled to suspend the fulfillment of the Sales Agreement in whole or in part or to withdraw from the contract, without the Customer having any claims for liability or damages. Force majeure includes events beyond Zigbuy's control that make the fulfillment of the contract impossible or substantially more difficult. These include, but are not limited to, natural disasters, war, terrorist attacks, strikes, government actions, epidemics or pandemics, and other unforeseeable and unavoidable circumstances. Zigbuy is obligated to inform the Customer immediately and in writing of the occurrence of a force majeure event and its impact on the performance of the contract.
13.4. For the purchase of digital content, Zigbuy is not liable for the inability to install the digital content if the hardware requirements specified in the product description or product data sheet are not met by the Customer, in the event of malfunctions of the Customer’s hardware, or if the Customer attempts to install digital content on a platform other than the one specified in the product description.
14. Software Updates for Goods with Digital Elements
For the purchase of Goods with digital elements, the following provisions apply:
14.1. Zigbuy is obligated to inform the Customer about the availability of updates that are necessary to maintain the conformity of the Goods with the contract. This includes, in particular, security updates and updates to correct malfunctions, but only for a period of 2 years from the time of Delivery of the Goods, unless a shorter period is expressly agreed in the contractual documents. Updates beyond this, which are not necessary for maintaining conformity with the contract, are not covered by this obligation to inform.
14.2. Zigbuy does not provide the updates itself but refers to the respective software manufacturers, who decide on the availability and timing of updates. The Customer is advised to consult the manufacturers' websites to obtain information on available updates.
14.3. To receive relevant software updates, it may be necessary for the device to be connected to the internet, and, depending on the Goods, for the registration of the device, the software, or the user with the manufacturer to be completed. The Customer is obligated to consult the operating instructions for information on the update functions and requirements, including the activation of automatic updates if this function is available.
14.4. If the Customer fails to install the provided updates within a reasonable period, Zigbuy is not responsible for defects that are attributable to this failure to install, provided this is in accordance with legal requirements.
15. Final Provisions
15.1. Changes to the Online Store Regulations take place in the same manner and scope as changes to the Terms and Conditions.
15.2. The current Online Store Regulations are published on the Website and, at the User's request, they can be delivered electronically (to the e-mail address indicated in the User Account) without additional fees.
15.3. These Online Store Regulations are effective as of 1 December 2024.