Statute

Terms and Conditions of the ZEN Fitness Wear Online Store

from 01.06.2023

I. Scope of application

  1. These Regulations are addressed to Consumers using the Online Store and define the rules of using the Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance, via the online store available at zen-fitnesswear.com . Customers can review these Terms and Conditions at any time via the website's home page www.zen-fitnesswear.com , it is possible to download, save, print and save these regulations. 
  2. Each User is obliged to read these Regulations before placing orders via the online store and accept their content.

II. Contact with the store

  1. Seller's email address:

help@zen-fitnesswear.com (general questions)

hello@zen-fitnesswear.com (complaints, returns, exchanges)

E-mail contact available on working days from 09:00 to 17:00

III. Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

  1. A terminal device with access to the Internet and a web browser such as Firefox, Safari, Opera, Chrome, Edge
  2. Active e-mail account,
  3. Cookies are enabled. You can find more about the cookie policy here Cookie Policy

IV. Creating an account in the store

  1. To create an Account in the Store, you must fill out the Registration Form. It is necessary to provide the following data: First name, Last name, Country, Street name, building number / apartment number, Postal code, City, Phone number, E-mail address, User login and password.
  2. Creating an Account in the Store is free.
  3. Logging in to the Account is done by entering the login and password set in the Registration Form.
  4. The Customer may, at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller via e-mail to the e-mail address provided in point II.

V. Conclusion of the contract

  1. Placing an order results in the conclusion of a contract with the owner of the Zen Fitness Wear brand (hereinafter referred to as the Seller).
  2. When placing an order, the Customer declares that he/she acts solely as a consumer within the meaning of Article 22 of the Civil Code, i.e. as a natural person entering into a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
  3. You can place an order in the online store via your customer account or by shopping without registration.
  4. The presentation of products in the online store does not constitute an offer within the meaning of the Civil Code, but merely an invitation to Customers to submit an offer to conclude a sales contract. 
  5. By clicking the "Buy and pay" button, the Customer places a binding order for the products in the basket. Receipt of the order will be confirmed by e-mail immediately after receiving the order. Confirmation of receipt of the order does not constitute acceptance of the offer within the meaning of the provisions of the Civil Code, it only informs that the order has reached the Seller. If the order can be fulfilled, another e-mail will be sent to you, in which it will be confirmed that the order has been accepted for fulfillment. Confirmation of acceptance of the order for fulfillment constitutes the Seller's declaration of acceptance of the offer, and thus a sales contract is concluded. The Customer is responsible for providing a correct e-mail address in order to conclude the contract. The products will be sent after the Customer has paid their full price and any delivery costs.
  6. The Customer guarantees that all information provided by him when placing an order or registering in the online store (e.g. name and surname, address, e-mail address, payment details) is true.
  7. The customer is obliged to immediately notify the seller of any changes to the data necessary to fulfill the order.

VI. Delivery Terms

  1. The Seller shall not be liable for the unavailability of the Goods if the Customer is immediately informed of this circumstance. In the event that the Goods are unavailable, the Seller shall immediately return the payments made to the Customer.
  2. Delivery of ordered Goods is done by courier or via InPost parcel locker service. Delivery costs are indicated when placing the Order.
  3. Goods ordered in the Pre-order option will be shipped within the time specified on the product page and in the message confirming receipt of the order.
  4. If deadlines are specified in working days, this means all days from Monday to Friday inclusive, excluding public holidays.
  5. Shipping costs will be added to the indicated prices of the Goods. Details regarding these costs, including their amount and the amount of the Order from which free shipping is provided, are available on the website.
  6. Products are delivered exclusively by mail. The seller does not offer personal collection or collection in a stationary store.
  7. The delivery time in Poland is from 1 working day to 5 working days from the day the Customer places the Order, unless the offer states otherwise. In the event of an extended waiting time for the shipment, the Customer will be informed about it by e-mail. The delivery time abroad is from 4 to 15 working days depending on the availability of products and the selected shipping option.
  8. The store is not responsible for non-delivery or late delivery of shipments and returns by selected carriers. Complaints should be filed directly with the carrier.
  9. Failure to collect the shipment by the Customer does not constitute withdrawal from the contract. The Customer may report to the store the desire to re-send the uncollected order at their own expense.
  10. The "InPost - weekend parcel" option applies to weekend delivery of orders placed and paid for in the store no later than Friday by 12:00 with this shipping method selected. The store is not responsible for InPost's failure to deliver the shipment on time, the complaint should be filed directly with the carrier.

VII. Prices and payment methods

  1. Product prices are given in Polish zloty and include all components, including VAT, customs duties and all other components.
  2. When purchasing internationally, product prices are displayed in the currency selected when setting your location. 
  3. For shipments outside the EU, all customs and import fees are borne by the recipient of the parcel.
  4. We accept payment methods such as credit card, transfer, PayPo, Paypal, PayU. Information about currently available payment methods is available before placing an order. All transaction costs are borne by the Customer.
  5. With each order, the Store reserves the right not to offer certain payment methods and to redirect to other available payment methods.
  6. For mail order sales, we do not issue traditional receipts in accordance with item 36 of the annex in connection with § 2 of the Regulation of the Minister of Development and Finance of 28 December 2018 on exemptions from the obligation to keep records using cash registers (Journal of Laws of 2018, item 2519).
  7. The Customer may use the following delivery methods for the ordered Product:

• Courier delivery

• Courier delivery to a parcel locker

VIII. Language of the contract

The conclusion of the contract and its implementation take place in Polish. Confirmation of the conclusion of the sales contract via the Online Store, including the details of the order and these Regulations, the Customer will receive at the e-mail address provided when placing the order.

IX. Discount coupons

  1. Discount coupons are coupons created as part of periodic campaigns.
  2. Discount coupons can be used during the specified validity period. The validity period is indicated on each discount coupon or in the content of the email message received. Some products may be excluded from the promotion. Coupons may be accepted with a specified minimum order value.
  3. One coupon can only be used to pay for one order, it is not possible to split the payment with the coupon. You cannot combine several discount coupons in one order.
  4. The discount coupon cannot be redeemed for cash and does not earn interest. The discount coupon cannot be refunded when the order is returned in full or in part.
  5. Discount coupons can only be used before the ordering process is completed. Later use is not possible. Discount coupons cannot be transferred to third parties.

X Gift cards

  1. After purchasing a Gift Card, you will receive an e-card via email. 
  2. The gift card can be redeemed at www.zen-fitnesswear.com. 
  3. To use your card, select products and then add the coupon code at checkout.
  4. If the total order amount is greater than the voucher amount, the remaining amount must be paid using the available payment methods.
  5. If you do not use the entire amount available on the gift card, the remaining amount can be used for future purchases.
  6. The recipient will receive the e-gift card within 24 hours at the latest.
  7. All gift vouchers are valid for 12 months from date of purchase and cannot be extended.
  8. Gift cards are non-refundable. 
  9. Payment for a Gift Card can be made using payment methods available in the store. Payment for a Gift Card cannot be made using another Gift Card.
  10. Promotional codes cannot be used when paying for a Gift Card.
  11. Payment by gift card can only be combined with discount codes that can be combined with other codes. 
  12. In the event of a return of products purchased using a gift card, the refund will be made to the gift card. The customer will receive a discount code for the amount of the refund.
  13. A gift card, within the meaning of applicable law, is not an electronic payment instrument, nor is it an electronic payment card.
  14. The Store does not issue duplicates of the Gift Card.
  15. The gift card enables the User to make single or multiple purchases of Goods in the store, depending on their choice.
  16. The Store has the right to refuse to process a Gift Card Transaction in the event of:
    a. lack of funds on the Gift Card,
    b. there is no technical possibility to redeem the Gift Card, in particular: if it is impossible to establish a connection with the store's IT system or the Gift Card is damaged to an extent that makes it impossible to read the data stored on the Gift Card.
  17. When redeeming a Gift Card, if the value of the Goods received is lower than the current value of the Gift Card, the User is not entitled to receive the unused portion of the funds accumulated on the Gift Card in cash. The remaining, unused value on the Gift Card remains available for use by the User during the validity period of the Gift Card.
  18. The Gift Card is an electronic card and may be transferred to another person who becomes its User from the moment of transfer.
  19. The Store is not responsible for Gift Cards that have been lost or that have been damaged, destroyed, removed or misplaced after being transferred to the User. In the event of loss (including theft), damage or destruction of the Gift Card, the Gift Card is not subject to restoration.

XI. Prices

  1. The prices given in the offer at the time of placing the order apply. The prices given are gross prices, which means that they include all applicable taxes and fees. The goods remain the property of the store until the full price is paid.
  2. In the case of shipping outside Poland, additional fees may be added to the order costs (e.g. customs, administrative fees, etc.). These fees are paid directly by the ordering party to the relevant customs or tax authorities. These fees cannot be predicted and are beyond our control.

XII. Damage during transport

  1. Unless expressly agreed otherwise, the seller determines the appropriate shipping method and transport company at its own discretion.
  2. If the delivered goods are damaged during transport, please file a complaint with the carrier as soon as possible and contact us immediately. 

XIII. Warranty

  1. Unless expressly stated otherwise below, the statutory warranty for defects applies.
  2. In the event of all defects in the purchased goods that occur within the statutory period, the statutory right to assert a claim for subsequent performance, for removal of defects or a new delivery and – if the statutory requirements are met – further claims for a price reduction or withdrawal from the contract apply.
  3. Customer Service: Questions and complaints can be directed to our customer service department on working days by e-mail at hello@zen-fitnesswear.com or by using the contact form available on the website www.zen-fitnesswear.com in the contact tab.

XIV. Returns Policy

  1. Exchanges or returns can be made within 14 days of delivery of your order. Returns and exchanges
  2. It is possible to return for a refund, return to a gift card or exchange, however, information about the desire to return/exchange must be sent to the seller no later than 14 days from the date of receipt of the order.
  3. Product returns submitted after the deadline will not be considered.
  4. The value of the refund is limited to the total cost of the returned items.
  5. All items returned for exchange, refund or gift card return must have the original tags and proof of purchase attached.
  6. The store provides a one-time option to exchange the product.
  7. In the event of a product exchange, the Customer returns the product to the store at their own expense. The store covers the cost of sending the exchanged product to the Customer.
  8. If you want to return a product, you should not use it in any way, the returned product must be unused. Using the product in circumstances different from the Regulations may lead to a reduced refund amount or the refund not being accepted.
  9. Returned products:
    a) they cannot wear any traces of make-up
    b) they must not show any traces of sweat
    c) they must not have any stains
    d) cannot be washed
    e) must have original inside and outside labels
    All products showing the signs described above will be subject to verification and the refund amount due will be reduced by the amount of damage incurred. At the customer's request, the store may return the damaged products to the customer at their expense instead of making a deduction for the damage incurred.
  10. To initiate a return, please follow the procedure below:
    - Please contact us if you wish to make an exchange, return or if the item is faulty/incorrect,
    – You will receive a returns form and an address for returning the products.
    – Return unused products, in original packaging, with original tags, and in intact condition.
  11. We do not accept returns sent cash on delivery.
  12. Quality control/assessment will take place once we receive the returned/exchanged products.
  13. Once the products have been received and checked, you will receive an email confirming further action if necessary or if everything is fine, we will refund the payment received corresponding to the full cost of the returned products and the selected shipping method, unless the shipping was free, then only the cost of the products will be refunded. The refund of shipping costs is only valid if the entire order is returned
  14. Buyer bears return shipping costs.
  15. Refunds can only be made using the same method used to pay for the purchase.
  16. Refunds are made within 14 days of the return being accepted.
  17. The customer is liable for any reduction in the value of the goods resulting from improper use or improper care.
  18. The store provides a one-time option to exchange products for a different size or color, the costs of subsequent exchanges are covered by the buyer.
  19. Exchange or return requests are accepted at the Customer Service Department at help@zen-fitnesswear.com. When reporting a return or exchange, the Customer should provide their order number and the name of the product to be returned or exchanged.
  20. If you have any questions regarding returns, please send an email to our team
    customer service at: help@zen-fitnesswear.com
  21. For exchanges, the returns procedure applies.
  22. Gifts, presents and prizes are not subject to exchange, return or complaint.
  23. If the Customer fails to collect the shipment, the 14-day period for withdrawal from the contract runs from the moment the courier company delivers the uncollected shipment to the store.
  24. The return shipment (refund or exchange) should be packed tightly in an outer packaging (foil wrap or cardboard box) to prevent dirt or moisture from getting into the products.
  25. If the Customer fails to collect the parcel, the refund amount will be reduced by the cost of return shipping (the cheapest shipping method available in the store).
  26. The customer is responsible for packaging the return shipment sent to the store. The customer is responsible for dirt or moisture resulting from improper packaging of the shipment, causing a decrease in the value of the products. All products bearing the marks described above will be subject to verification, and the amount of the refund due will be reduced by the amount of the damage. 

XV. Pre-Order

  1. Products may be offered by the store for pre-release sale – in the PRE-ORDER option.
  2. Pre-orders (PRE-ORDER) are available for a limited time only and are placed on a standard order basis.
  3. PRE-ORDER products are not in stock at the time of pre-order. Products will be in stock on the date indicated on the PRE-ORDER product page.
  4. Pre-order allows you to purchase a product before its release and allows you to secure the receipt of the product. This means that the order is already confirmed, we are just waiting for the goods to be delivered to our warehouse. 
  5. The order shipping time may be modified by the store in the event of a delay on the supplier's side.
  6. For pre-orders, the estimated shipping time will be clearly displayed on each product page. The customer will also receive an order confirmation via email. Once the items are in stock, your order will be shipped using the method selected at checkout. If you are unsure whether your order is part of a pre-order, please contact us at hello@zen-fitnesswear.com.
  7. In-Stock items purchased in the same order with pre-order items will not be shipped separately. The order will be shipped in its entirety once the PRE-ORDER items arrive at our warehouse. If you would like to receive in-stock items as soon as possible, we recommend placing a separate order. 

XVI. Promotions and Giveaways

Newsletter -10% welcome discount code

  1. To receive the code, you must sign up for ZEN emails in our website footer or pop-up. 
  2. Code must be applied in cart, it will not be applied automatically.  
  3. Offer is only available to new ZEN customers who have not previously signed up for our mailing list. 
  4. The minimum order amount to apply the code is PLN 199 and cannot be combined with other offers. This code cannot be applied to previous orders.
  5. The code cannot be combined with other codes.

NEXT TORDER
1. The code is valid for subsequent purchases. The customer receives a -10% discount on subsequent purchases.
2. To receive the discount, you must place your first order in the store.

XVII. Social Media and UGC 

By tagging @zen_fitnesswear on social media platforms, you acknowledge and agree that the content may be used on the store's social media, email/text messages and prominently on our website section, and you consent to the use of your name or social media handle for identification purposes. 

By posting and tagging a store, you agree to the following terms: 

  • Your Content and social media practices may be featured on our social media platforms as well as on our Site;
  • You comply with the platform terms;
  • You own all rights to your content and have the consent of other people appearing in your content to share their image;
  • The Store may modify User Content without notice or consent.
  • The Store will not be liable for any third-party claims relating to our use of Your Content.

18th CLUB

  1. ZEN Club is a loyalty program in which we reward our members for completing specific activities. Becoming a member is free, and you can exchange the rewards you earn online on the website www.zen-fitnesswear.com
  2. Before joining or participating in the Club, please read the following terms and conditions carefully. 
  3. To join:

3. 1 Customers who have an account on the website www.zen-fitnesswear.com will be automatically registered as members of the ZEN Club;

3. 2 Customers who have an account on the store's website created before the Club came into force should register an account by going to the "Club" tab in order to register for the Club; you will not be registered automatically.

  1. When you become a Club member, you agree to be bound by the following terms, so please read them carefully. If you do not agree to these terms or want to delete your account on the store website, please send an email to hello@zen-fitnesswear.com. The loyalty rewards program "KLUB ZEN" is available to regular customers of the ZEN store.
  2. The loyalty program applies to products offered by the online store www.zen-fitnesswear.com. 
  3. Participation in the Program is voluntary. Participants do not have to join the program to purchase products. Any personal information provided in connection with the Program will be subject to the Privacy Policy.
  4. Membership in the “KLUB ZEN” program and related benefits are offered at the Store’s discretion. 
  5. The Store may terminate, change, restrict, modify or cancel the Program or any rules, regulations, entitlements, benefits or terms of participation at any time by posting the modified terms on this page. The Participant's continued participation in the Program after such posting will constitute Participant's acceptance. 
  6. By registering for the Program, the Participant agrees to these Terms, which may be updated by the store from time to time at its sole discretion. 
  7. Changes to the Program or these Terms and Conditions will be communicated via email or on this website.
  8. By signing up for the Program, the Participant agrees to provide his or her personal data necessary to participate in the program. 
  9. Who can become a member of the Club?

a) To become a member of the Club you must:

b) be at least 18 years of age;

c) be a natural person using the Club solely for personal use;

d) have a valid e-mail address that is linked to the existing one on the store website or used when creating a new account on the store website.

e) You can create an account in the store (“Account”) by:

f) visiting this link and clicking the "REGISTER" button; 

g) completing the form by providing your name, surname, valid e-mail address and password and clicking the "REGISTER" button.

  1. How does registration in the Club work?

a) Registration will be done automatically after creating an account on our website www.zen-fitnesswear.com

b) If you already have an account with us, you will not be automatically registered in the new program. In order to register in the Club, you should create an account by going to the "Club" tab on our website.

c) You are responsible for ensuring that the information you provide when creating your Account is accurate. If your account information changes, please remember to submit a query to our customer support team so that we can update it where possible.

d) One person can only have one Account. If you find that you have more than one Account, please submit a query to our customer support team and we will help you fix it.

  1. How does the Club work and how do you earn points?

a) you earn points that you can exchange for coupons and other prizes as soon as you reach the required number of points (Points); 

b) Club Members may visit the Rewards page in their Account to view their Points total and access other benefits.

  1. Points

15.1 You can earn Points by doing the following:

 a) You join the Club for the first time – 200 points. You can receive these Points only once per Account.

b) You make a purchase at www.zen-fitnesswear.com. 1 PLN = 1 PKT (if the amount is less than a whole złoty, the points are rounded down). You can receive these Points multiple times, every time you shop in our store.

c) You provide your date of birth for the first time – 200 points. You will receive these Points only once per Account on the date indicated as your birthday.

  1. To receive Points for online purchases, you must be logged in to your Account in the store www.zen-fitnesswear.com If you are not logged into your Account at the time of purchase, points will not be awarded.
  2. Points will be awarded within a maximum of 14 days of completing the actions described above. If you have not received your Points after 14 business days of completing the action described above, please contact us.
  3. For orders placed before the Club's entry into force date (01.11.2024), points will not be awarded for these orders.
  4. Points will automatically expire and be removed from your Account after 12 months from the date they were awarded.
  5. What rewards can I redeem points for?
  6. Rewards will vary from time to time and may include coupons that give you a certain amount off your order if you exceed a minimum order threshold, free shipping, or a specific product redeemed for a certain amount of points.
  7. Once you have earned enough Points to redeem a Reward, you will need to select the Reward value on the Club page or in the widget at the bottom left of the page by clicking "redeem" to unlock a discount code that you can use on your next order or redeem at checkout.
  8. We may also notify you by email that you have enough Points to redeem a Reward.
  9. You can view your rewards in the history tab on the rewards page in your Account.
  10. You can also view all previous awards in the awards history tab on the awards page.
  11. Once you receive your reward, if it contains a discount or coupon code, you can add it to your order during checkout on the website www.zen-fitnesswear.com
  12. Awards:

a) are single-use (unless otherwise stated)
b) are intended for personal use only;
c) are non-transferable and cannot be exchanged, sold or resold;
d) cannot be exchanged for cash;
e) cannot be used in conjunction with gift cards or other discount codes or coupons (unless otherwise stated);
 f) are granted at our sole discretion.

28. If an order is returned to the store, the points for the returned order will be deducted from the user's balance.
29. If an order is partially refunded, points will be deducted from the user's balance proportionally.
30. If, after returning the order and before the points are deducted from the user's balance by the store, the user uses the points awarded for the returned order, the store has the right not to recognize the discount code received for the points from the returned order, and the customer will be obliged to make an additional payment for a new order placed using these points or, in the absence of an additional payment, the new order will be canceled.

XIX. Copyright

All photos, videos and texts published on the website www.zen-fitnesswear.com are the property of the Seller. The use of photos, videos and texts is not permitted without the written consent of the Seller.

XX. Dispute Resolution

  1. The European Commission provides a platform for online dispute resolution (ODR) – you can find it here: https://ec.europa.eu/consumers/odr/ .
  2. Any disputes arising between ZEN Fitness Wear and the Customer who is a consumer within the meaning of Article 22[1] of the Civil Code shall be referred to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

XXI. Final Provisions

  1. For orders placed by consumers having their habitual place of residence in the Republic of Poland, Polish law applies.
  2. If one or more provisions of these regulations are or become ineffective or unenforceable, this shall not affect the effectiveness of the remaining provisions.
  3. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means and other relevant provisions of Polish law shall apply.