Terms and Conditions of the ZEN Fitness Wear online store

as of 01.06.2023

I. Scope of Application

1. These Terms and Conditions are addressed to Consumers using the online Store and define the rules for using the Store and the rules and procedure for concluding Distance Sales Contracts with the Customer, via the online store available at zen-fitnesswear.com. Customers can review these Terms and Conditions at any time via the homepage of the website www.zen-fitnesswear.com. It is possible to download, save, print, and keep these Terms and Conditions. 
2. Every User is obliged to read these Terms and Conditions before placing orders through the online store and to accept their content.

 

II. Contact with the Store

1. Seller's Address:

ul. Księdza Jerzego Popiełuszki 1
83-032 Pszczółki
Poland

2. Seller's Email Address:

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

hello@zen-fitnesswear.com ((general inquiries)

Email contact available on business days from 08:00 to 15:00

III.  Technical Requirements

To use the Store, including browsing the Store's assortment and placing Product orders, the following are necessary:

1. An end device with Internet access and a web browser such as Firefox, Safari, Opera, Chrome, Edge
2. An active email account,
3. Enabled cookie support. More about the cookie policy can be found in the Cookie Policy

IV. Creating an account in the store

1. To create an Account in the Store, you need to fill out the registration form. It is necessary to provide the following data: Name, Surname, Country, Street name, building number / apartment number, Postal code, City, Phone, Email address, username, and password.
2. Creating an Account in the Store is free.
3. Logging into the Account is done by entering the username and password set in the registration form.
4. The Customer can at any time, without giving any reason and without incurring any fees, delete the Account by sending a relevant request to the Seller via email to the email address provided in point II.

V. Conclusion of the agreement

1. Placing an order results in the conclusion of an agreement with the owner of the Zen Fitness Wear brand (hereinafter: Seller).
2. By placing an order, the Customer declares that they are acting solely as a consumer within the meaning of Article 22 of the Civil Code, i.e., as a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
3. Orders in the online store can be placed via a customer account or through guest checkout.
4. The presentation of products in the online store does not constitute an offer in the understanding of the Civil Code, but merely an invitation for 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 shopping cart. Receipt of the order will be confirmed by email immediately upon receipt of the order. The confirmation of receipt of the order does not constitute acceptance of the offer within the meaning of the provisions of the Civil Code, but only informs that the order has reached the Seller. If the execution of the order turns out to be possible, another email will be sent to you confirming the acceptance of the order for processing. The confirmation of acceptance of the order for processing constitutes the Seller's declaration of acceptance of the offer, and thus the sales contract is concluded. The Customer is responsible for providing a correct email address for the conclusion of the contract. Products will be shipped after the Customer has paid their full price and any delivery costs.
6. The Customer guarantees that all information provided by them during the order placement or registration in the online store (e.g., name, address, email address, payment details) is true.
7. The Customer is obliged to immediately notify the seller of any changes to the data necessary for order fulfillment.

 

VI. Delivery conditions

1. Shipping and Delivery

   Order fulfillment in the store takes up to 48 hours.

   Orders placed by 11:00 AM from Monday to Friday using the DHL method will be attempted to be shipped on the same day.

   Orders placed by 12:00 PM from Monday to Friday using the InPost method will be attempted to be shipped on the same day.

   Orders placed after 11:00 AM (DHL) / 1:00 PM (InPost) or on the weekend will be shipped on the next business day.

   Using the InPost weekend parcel option for an order is available from Thursday 2:00 PM until Friday 12:00 PM. 

   Orders are processed and delivered from Monday to Friday, excluding holidays.

   Please note that orders placed during public holidays may have longer processing and delivery times.

2. The Seller is not responsible for the unavailability of the Goods if they promptly inform the Customer of this circumstance. In the event that the Goods are not available, the Seller will immediately refund the payments made by the Customer.
3. Delivery of ordered Goods is carried out by courier or via InPost parcel lockers. Delivery costs are indicated when placing the Order.
4. Shipment of goods ordered in the Pre-order option takes place within the period indicated on the product page or in the email confirming receipt of the order.
5. If terms are defined in working days, this means all days from Monday to Friday inclusive, excluding public holidays.
6. Shipping costs will be added to the indicated prices of the Goods. Details regarding these costs, including their amount and the Order value from which free shipping is provided, are available on the website.
7. Products are delivered exclusively by shipping. The Seller does not offer personal pickup or pickup at a brick-and-mortar store.
8. The delivery time in Poland is from 1 business day to 3 business days from the date the Customer placed the Order, unless the offer states otherwise. In the event of an extended waiting time for the shipment, the Customer will be informed by email. The international delivery time is from 4 to 15 business days, depending on product availability and the chosen shipping option.
9. The store is not responsible for non-delivery or late delivery of shipments and returns by selected carriers. A complaint should be filed directly with the carrier.
10. Failure by the Customer to collect the shipment is not equivalent to withdrawing from the contract. The Customer may inform the store of their wish to have the uncollected order reshipped at their own expense.
11. The "InPost - weekend parcel" option applies to weekend delivery of orders placed and paid for in the store by Friday 12:00 PM at the latest with this shipping method selected. The store is not responsible for InPost's failure to deliver the shipment on time; a complaint should be filed directly with the carrier.

VII. Prices and Payment Methods

1. Product prices are given in Polish zlotys and include all components, including VAT, customs duties, and all other components.
2. For international purchases, product prices are given in the currency selected when setting the location. 
3. For shipments outside the EU, all customs and import fees are borne by the recipient of the package.
4. We accept payment methods such as debit card, credit card, PayPo, PayPal, PayU, Apple Pay. Information about currently available payment methods is available before placing an order. All transaction costs are borne by the Customer.
5. For 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 December 28, 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 methods of delivery for the ordered Product:

• Courier shipment

• Shipment to a parcel locker

 

VIII. Language of the Agreement

The conclusion and execution of the agreement shall take place in Polish. Confirmation of the conclusion of the sales agreement via the online store, along with details of the order and these Terms and Conditions, will be sent to the email address provided by the Customer when placing the order.

IX. Discount Coupons

1. Discount coupons are coupons created as part of periodic campaigns, or individual discount coupons granted by the store.
2. Discount coupons can be used within their specified validity period. The validity period is always indicated on the discount coupon or in the content of the email received. Some products may be excluded from the promotional offer. Coupons may be accepted for a specific minimum order value.
3. Discount coupons do not combine with each other or with other discounts and promotions applicable in the store, unless the coupon explicitly states that it can be combined with other coupons and promotions.
4. One coupon can only be used for payment for one order; it is not possible to split payment with a coupon. Multiple discount coupons cannot be combined for a single order.
5. A discount coupon cannot be paid out in cash and does not bear interest. No refund of a discount coupon can be received if an order is returned in full or in part.
6. Discount coupons can only be used before the ordering procedure is completed. Subsequent use of discount coupons is not possible. 
7. Expired discount coupons cannot be used. Their validity period cannot be restored.
8. 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 used at www.zen-fitnesswear.com. 
3. To use the 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 subsequent 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 the date of purchase and cannot be extended.
8. Gift cards are non-refundable. 
9. Payment for the Gift Card can be made using the payment methods available in the store. Payment for the Gift Card cannot be made using another Gift Card.
10. When paying for a gift card, promotional codes cannot be used.
11. Payment by gift card only combines 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 a gift card. The Customer will receive a discount code for the amount of the returned funds.
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 duplicate Gift Cards.
15. The Gift Card allows the User, at their choice, to make single or multiple purchases of Goods in the store.
16. The Store has the right to refuse to process a Gift Card Transaction in case of:
    a. insufficient funds on the Gift Card,
    b. lack of technical possibility to process the Gift Card, in particular: in case of inability to connect to the store's IT system or damage to the Gift Card to an extent that prevents reading the data stored on the Gift Card.
17. When using a Gift Card, if the value of the received Goods 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 the User to use within the Gift Card's validity period.
18. The Gift Card is an electronic card and can be given to another person, who becomes its User from the moment it is handed over.
19. The Store is not liable for Gift Cards that have been lost or, after being handed over to the User, have been damaged, destroyed, deleted, or misplaced. In the event of loss (including theft), damage, or destruction of the Gift Card, the Gift Card cannot be reissued.

XI. Prices

1. The prices specified in the offer at the time of placing the order apply. The prices given are gross prices, which means 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 shipments outside Poland, additional fees (e.g., customs duties, administrative fees, etc.) may be charged to the order cost. These fees are borne by the ordering party directly to the relevant customs or tax authorities. These fees cannot be predicted and are beyond our control.

XII. Damages during transport

1. Unless expressly agreed otherwise, the seller determines the appropriate shipping method and shipping company at their own discretion.
2. If the delivered goods are damaged during transport, please report the claim to 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. For all defects of purchased goods that occur within the statutory period, there is a statutory claim for subsequent performance, for the removal of defects or new delivery, and – if the statutory requirements are met – further claims for price reduction or withdrawal from the contract.
3. Customer service: Questions and complaints can be directed to our customer service department on business days via email at hello@zen-fitnesswear.com or using the contact form available on the website www.zen-fitnesswear.com in the contact tab.

 

XIV. Returns Policy

1. How to make a return? (for orders placed after March 19, 2025)

   1. Click on the "Create a Return" tab in the footer or go to the page https://zen-fitnesswear.com/apps/aftership-returns-center
   2. Fill out the online form.
   3. Choose your return or exchange method. Available methods are: refund using the method used for placing the order, exchange for a different size of the same product, or exchange for another product.
   4. If you choose to exchange for another product – you will receive a store credit equal to the value of the returned products to be used in the store. If the price of the selected product is higher, an additional payment will be necessary; if the price of the selected product is lower, we will refund the difference.
   5. Shipment of the exchange will be held until the store receives the returned/exchanged products. Returned products are subject to the same verification process as refunds. 
   6. For customers from Poland – after initiating a return, you will receive an email from us with a return label. According to our terms and conditions, the cost of return is borne by the Customer, so the amount of 19 PLN will be deducted from the refunded funds.
   7. For international customers – initiate a return via the Returns Center and then send the products to the address received in the email. International customers must send returns independently.
   8. Prepare the returned products for shipment – these items must be in an undamaged condition, in their original packaging, and include original internal and external tags. We do not accept returns of used clothing.
   9. Pack the returned items securely; you can return them in the packaging in which the order was delivered or in another one, e.g., a poly mailer, cardboard box, etc. Do not send a return without outer packaging; a fee will be charged for damaged product packaging.
   10. Attach a printout of the order confirmation received in the email to the return shipment.
   11. Affix the label and take the parcel to a parcel point within 14 days of receiving the label. The label is valid for 14 days.
   12. Once your return is delivered, you will receive an email from us.
   13. In case of an exchange, the return procedure is applied. In the return/exchange form, please indicate your wish to exchange in the comments section, as well as the model, size, and color of the product you wish to exchange for.
   14. We do not accept parcels sent to parcel lockers.
   15. Please do not send returns via Polish Post due to numerous lost parcels.
   16. We do not accept returns sent cash on delivery.
   17. Refunds are processed within 14 days of receipt and return.
   18. If the label is not used within the specified period, the return becomes time-barred. 
   19.  If there are problems preventing a refund via the original payment method, after prior contact with the customer, the refund will be made by bank transfer.
   20. In case of any problems, the store will contact you via the email provided in the order or return shipment.

    

XV. Complaints

1. Email us at: hello@zen-fitnesswear.com with a description of the issue and attached photos.
2. In the reply message, you will receive a label for returning the complained product. The return label is valid only in Poland.
3. Send the product back using the return label. Attach the complaint form, available here, to the package.
   
4. Your complaint will be processed within 14 days of our receipt of the return shipment.
5. If the complaint is accepted, the store will first replace the product with a new one, and if exchange is not possible, we will refund the equivalent value of the purchased product using the payment method chosen when placing the order.
6. If the product is exchanged for a new one, the exchanged product will be sent to the address indicated in the original order.
7. Product exchange for a new one or refund occurs within 14 days from the date of the complaint's acceptance.
8. At the same time, we inform you that mechanical damage, damage resulting from improper use, and damage caused by washing not in accordance with the washing instructions are not subject to complaint.

 

XVI. Pre-Order

1. Products may be offered by the store for pre-sale – in the PRE-ORDER option.
2. Pre-orders (PRE-ORDER) are available only for a limited time and are placed as a standard order.
3. Products available in the PRE-ORDER option are not in stock at the time of pre-sale. Products will appear in stock on the date indicated on the page of the specific product available in the PRE-ORDER option.
4. Pre-sale allows for purchasing a product before its release and ensures receipt of the product. This means the order is confirmed; we are only waiting for the goods to be delivered to our warehouse. 
5. The shipping time for an order may be modified by the store in case of a delay on the supplier's part.
6. For pre-orders, the estimated shipping time will be clearly visible on each product page. The customer also receives an order confirmation at their email address. Once products are in stock, your order will be shipped using the method chosen at checkout. If you are unsure whether an order is part of a pre-order, please contact us at: hello@zen-fitnesswear.com.
7. In-stock items purchased in the same order as pre-order products will not be shipped separately. The order will be shipped in its entirety once the PRE-ORDER products have been delivered to our warehouse. If you wish to receive in-stock products as soon as possible, we recommend placing a separate order. 

XVII. Promotions and Giveaways

Newsletter -10% welcome discount code

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

Code for subsequent purchases -10%
1. The code is valid for subsequent purchases. The customer receives a -10% discount on subsequent purchases.
2. To receive the discount, the first order must be placed in the store.

XVIII. Social Media and UGC 

By tagging @zen_fitnesswear on social media platforms, you confirm and agree that the content may be used on the store's social media, emails/SMS, and visibly on our website section, and you consent to the use of your name or social media name for identification. 

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

• Your Content and social media handling may be featured on our social media platforms and our Website;
• You adhere to the platform's terms and conditions;
• You own all rights to your content and have the consent of others 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 related to our use of your Content.

XIX. CLUB

1. The ZEN Club is a loyalty program where we reward our members for performing specific actions. Becoming a member is free, and online rewards can be redeemed on 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 with an account on www.zen-fitnesswear.com will be automatically registered as ZEN Club members;

3. 2 Customers with an account on the store's website created before the Club's effective date, to register for the Club, should register an account by going to the "Club" tab; you will not be automatically registered.

4. When you become a Club member, you agree to abide by the following terms, so please read them carefully. If you do not agree with these terms or wish to delete your store account, please email hello@zen-fitnesswear.com. The "ZEN CLUB" loyalty rewards program is available to regular customers of the ZEN store.
5. The loyalty program applies to products offered by the online store www.zen-fitnesswear.com. 
6. Participation in the Program is voluntary. Participants are not required to join the program to purchase products. Any personal data provided in connection with the Program will be subject to the Privacy Policy.
7. Membership in the "ZEN CLUB" program and its associated benefits are offered at the discretion of the Store. 
8. The Store may at any time terminate, change, restrict, modify, or cancel the Program or any rules, regulations, rights, benefits, or conditions of participation by publishing the modified regulations on this page. The Participant's continued participation in the program after such publication will constitute the Participant's acceptance.
9. By registering for the Program, the Participant agrees to these Terms, which may be periodically updated by the store at its sole discretion. 
10. Changes to the Program or these Regulations will be communicated via email or on this website.
11. By joining the Program, the Participant agrees to provide their personal data necessary for participation in the program. 
12. Who can become a Club member?

a) To become a Club member, you must:

b) be at least 18 years old;

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

d) have a valid email address that is linked to an existing store account or used when creating a new store account.

e) You can create a store account ("Account") by:

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

g) filling out the form with your first name, last name, valid email address, and password, then clicking the "REGISTER" button.

13. How to register for the Club?

a) Registration will be automatically completed 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. To register for the Club, you should create an account by entering the "Club" tab on our website.

c) You are responsible for ensuring that the information provided when creating your Account is accurate. If your account information changes, please remember to send an inquiry to our customer service team so we can update it where possible.

d) One person can only have one Account. If it is found that you have more than one Account, please submit an inquiry to our customer service team, and we will help you resolve it.

14. How does the Club work and how to earn points?

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

b) Club members can visit the rewards page in their Account to check their total points and access other benefits.

15. Points

15.1 You can receive Points by performing the following actions:

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

b) Making a purchase on www.zen-fitnesswear.com. 1 PLN = 1 PKT (points are rounded down for incomplete zlotys). You can receive these Points multiple times, each time you shop in our store.

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

16. To receive Points for online purchases, you must be logged into your Account on the store's website www.zen-fitnesswear.com If you are not logged into your Account when making a purchase, points will not be credited.
17. Points will be awarded within a maximum of 14 days from the completion of the actions described above. If you have not received your Points after 14 business days from performing the action specified above, please contact us.
18. For orders placed before the Club's effective date (01.11.2024), points will not be awarded for those orders.
19. Points will automatically expire and be removed from your Account 12 months from the date they were awarded.
20. What rewards can I exchange points for?
21. Rewards will vary from time to time and may include coupons that give you a specific amount of discount on an order if you exceed a minimum order threshold, free shipping, or a specific product exchanged for a specific number of points.
22. Once you have earned enough Points to redeem a Reward, select the reward value on the Club page or in the widget in the bottom left corner of the page by clicking "redeem" to unlock a discount code that you can use on your next order, or use at checkout.
23. We may also notify you by email that you have enough Points to redeem a Reward.
24. You can view your rewards in the history tab on the rewards page in your Account.
25. You can also view all previous rewards in the rewards history tab on the rewards page.
26. After receiving a reward, if it includes a discount or coupon code, you can add it to your order when making payment on the website www.zen-fitnesswear.com
27. Rewards:

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

28. If an order is returned to the store, points for the returned order will be deducted from the user's balance.
29. If an order is partially returned, points will be deducted proportionally from the user's balance.
30. If, after returning an 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 points from the returned order, and the customer will be obliged to make an additional payment for a new order placed using those points, or if no additional payment is made, the new order will be cancelled.

Membership levels and expiry

1. To reach a given membership level, you must spend the listed amounts in the store within a 12-month period. 
2. Every Club member starts at membership level 1. 

3. To remain at a given level, you must spend an amount exceeding that within the next 12 months from reaching that level. If you do not meet this condition within 12 months, you will return to a lower level.

 

XX. Copyright

All photos, videos, and texts published on the website www.zen-fitnesswear.com and on social media are the property of the Store. The use of photos, videos, and texts is prohibited without the Seller's written consent.

 

XXI. Dispute Resolution

1. The European Commission provides a platform for online dispute resolution (ODR) – it can be found here: https://ec.europa.eu/consumers/odr/.
2. The resolution of any disputes arising between ZEN Fitness Wear and the Client, who is a consumer within the meaning of Art. 22[1] of the Civil Code, shall be submitted to the courts having jurisdiction in accordance with the provisions of the relevant Civil Procedure Code.

 

XXII. Final Provisions

1. For orders placed by consumers whose usual place of residence is in the Republic of Poland, Polish law shall apply.
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 by these Regulations, the provisions of the Civil Code, the Act on Providing Services by Electronic Means, and other relevant provisions of Polish law shall apply.