Last updated: August 28, 2019.
Welcome to the www.zaryacollection.com website (hereafter “Website”).
1.1 The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual's relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
2. Registration for, and Subscription to, Services
2.1 You may register for, or subscribe to, our Services as available from time to time on the Website.
2.2 When registering for, or subscribing to, our Services you must provide accurate and true information. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account.
2.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
3.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the registration or subscription process.
3.3 You may terminate your registration for, or subscription to, the Website at any time at your sole discretion, without reason, by sending an e-mail to email@example.com . We will confirm to you the cancellation of your registration or subscription.
4.1 Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
4.2 You agree that we may contact you regarding the Services by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
5. Protection of intellectual property (IP) rights
5.1 The terms ”Website” and ”Material” refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any Material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other Material reproduced and / or made available through this Website (”Material”).
5.2 All materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of ZARYA Collection. All rights are reserved, worldwide.
5.3 All trademarks, trade names, logos and other distinctive design and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of ZARYA Collection. All domain names used on the Website and / or connected to it are owned – or used with permission - by ZARYA, which manages them on a worldwide basis.
5.4 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for information and/ or promotional purposes only.
6.1 This Website may contain links to other websites. ZARYA has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.
6.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by ZARYA of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
6.3 You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of ZARYA.
6.4 We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
7.1 The products branded ”Zarya” promoted through the Website are made with the finest materials, and they are all MADE IN GERMANY.
8.1 THIS WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN ”AS IS” AND ”AS AVAILABLE” BASIS. ZARYA PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABILE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
8.2 ZARYA WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER, ZARYA CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND ZARYA MAKES NO WARRANTY IN RESPECT OF THE SAME. ZARYA RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
9.1 To the fullest extent permitted by applicable law, in no event will the Website, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the Website has been advised as to the possibility of such damages or could have foreseen such damages. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
9.2 ZARYA is liable without limitation for
(i) damages caused by willful misconduct or with gross negligence by ZARYA, its legal representatives or executive staff and other assistants in performance;
(ii) personal injury, damage to health and death caused intentionally or as a result of gross negligence on the part of ZARYA, its legal representatives or assistants in performance;
(iii) damages caused by the absence of guaranteed characteristics, and
(iv) claims under the Product Liability Act. ZARYA is liable for damages resulting from the breach of material contractual obligations by ZARYA, its legal representatives, executive staff or other assistants in performance; material contractual obligations are such duties whose fulfillment is a basic condition for contract performance, whose breach jeopardizes the achievement of the purpose of the contract and the fulfillment of which the contracting party may regularly expect (so called cardinal duties).
If the breach occurred through simple negligence, then ZARYA’s ensuing liability shall be limited to the amount which was foreseeable by ZARYA at the time the respective action was performed. ZARYA shall not be liable for breaches of non-material contractual obligations through simple negligence.
General Conditions of Sale
1. General provisions
1.1.These general conditions of sale (“General Conditions”) apply to all sales of ZARYA products (“Products” or “Product”) through the website www.zaryacollection.com (“Website”).
1.2.The sale of Products under these General Conditions is only available to consumers (“Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18.
1.3.The language used to enter any contract of sale through this Website is German, English and Polish.
1.4.Clients are required to read carefully these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them.
2. Identification of the vendor
The vendor is Zarya Collection with registered office at Kleine Horionstr. 7, 47551 Bedburg-Hau, Germany, VAT number: DE 321 971 590. (All prices displayed on the German Website are including a TAX of 19% for private customers / end customers / B2C).
3. Information on products and their availability
3.1.Information on Products and relevant prices are available on the Website.
3.2.The Products available on the Website are a selection of items normally available in stores: however, ZARYA does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. Pictures of the Products displayed on the Website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Products and their characteristics as mentioned in the Website.
3.3.ZARYA reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Products; ZARYA is not liable towards the Client in case of unavailability of the Products prior to the execution of the contract.
3.4.In no case ZARYA shall be liable for errors occurred due to failure of the Client’s connection to the Website.
4.1.The standard prices of the Products are indicated on the Website in Euro and are inclusive of all applicable taxes and charges. Delivery costs, if required, shall be added to the price of the Products and will be indicated separately on the order form.
4.2.ZARYA regularly verifies that prices of the Products displayed on the Website are correct; however, ZARYA cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, ZARYA shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, ZARYA will also offer the Client the opportunity to cancel the order.
5. Execution of the contract
5.1.The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by ZARYA.
5.3.To purchase the Products, Client must (i) include the selected Products in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to ZARYA through the Website.
5.4.Sending of the order constitutes a proposal to purchase the selected Products, regulated under these General Conditions and binding for the Client, with no prejudice to the withdrawal right under Section 10. The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Products.
5.5.Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”).
5.7.An order proposal may be refused by ZARYA within 30 days of receipt of the same. In that case, no consideration shall be due by the Client to Zarya, ZARYA may refuse an order proposal in the following events (by way of example but without limitation):
(i)the Products are not available (with no prejudice to the provision set out under Section 3.3); or
(ii)a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes; or
(iii)the Client has not fulfilled his/her obligations deriving from a prior contract executed with ZARYA.
5.8.The contract between ZARYA and the Client is executed upon receipt by the Client of the acceptance by ZARYA of the order proposal ("Order Confirmation"). The acceptance (or the refusal) by ZARYA shall be sent to the Client via e-mail at the address provided by the Client in the order proposal.
5.9.In case of unavailability of one or more of the Products, the Client will receive an email duly informing him about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
5.10 The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalized Products, the address to which complaints may be addressed, information on support services and on existing commercial terms, if any, and a copy of these General Conditions.
5.11.Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 10 below.
5.12.The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Products.
6. Method of payment
6.1.Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be paid by the Client by credit card, PayPal or by bank transfer.
6.2.The transactions will be debited from the Client’s credit card only after:
(i)the credit card data has been verified;
(ii)the authorization to debit the card has been received from the issuer of the card used by the Client, and
(iii)the availability of the Products has been confirmed by ZARYA.
6.3.In some instances (as, for example, for the purchase of personalized Products) that will be notified to the Client before he/she is able to submit the order proposal, the transaction will be debited from the Client’s credit card only after:
(i)the credit card data has been verified; and
(ii)the authorization to debit the card has been received from the issuer of the card used by the Client.
6.4. Except as provided for in Section 6.4, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well.
6.5.ZARYA also accepts payments made by bank transfer to the following IBAN code: DE64 3244 0023 0819 9788 00. All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, to the Client by the bank, shall be borne by the Client. Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation.
6.6.In the event that, for any reason, it is impossible to debit the amount due by the Client (or to have the cleared funds received on Zarya's bank account, in case of bank transfer) within the due deadline (see Section 6.6 above), the contract will not be executed and the order will be cancelled.
6.7.For each order, ZARYA shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
7.1.The purchased Products shall be delivered by a courier service selected by ZARYA (“Courier”) on working days. Products shall be delivered to the address indicated by the Client in the order proposal. ZARYA shall not deliver to PO Boxes.
7.2.Except if a force majeure event or unforeseeable circumstance occurs, purchased Products shall be delivered within 30 (thirty) work days of the date indicated in the Order Confirmation. In case the delivery has not occurred within the above indicated term, the Client be entitled to repudiate the Contract and ZARYA shall, without undue delay, reimburse all sums paid under the Contract.
7.3.At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to:
(i)verify that the number of items being delivered corresponds to that indicated on the delivery note;
(ii)verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner;
(iii)sign the delivery note; and
(iv) if requested by the Courier, show his/her ID.
Any damages to the packaging and/or the Products, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel, provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 13 below.
8.1.ZARYA shall send to the Client a shipping confirmation via e-mail once the Products are dispatched.
9.1.Products purchased from the Website are delivered with a ZARYA standard packaging.
10.1 The Client has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Client (or the representative duly authorized to receive the Products) obtains the physical possession of the Products and in case of partial deliveries, the last Product.
10.2.To exercise the right of withdrawal, the Client shall, within the term mentioned under Section 10.1, send by email, or by ordinary mail:
•the withdrawal form attached herewith, duly filled in and undersigned; or
•a communication of his/her intention to exercise the right of withdrawal such communication shall include the following information:
(i) indication of the Products for which the Client wishes to exercise the right of withdrawal;
(ii) order number; and
(iii) in the event that the Client purchased the Products by bank transfer, the Client’s IBAN code to which the reimbursement is to be made;
to the following address:
Kleine Horionstr. 7
DE- 47551 Bedburg-Hau,
10.3.Within 14 (fourteen) days of the communication of withdrawal, the Client shall return the purchased Products to ZARYA at Zarya, Kleine Horionstr. 7 - 47551 Bedburg-Hau - Germany. The deadline is met if the Client dispatches the goods before the respective period is expired. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Client other than what is necessary to establish the nature, characteristics and functioning of the goods, ZARYA reserves the right to refuse the return of the Products. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
10.4.ZARYA shall reimburse all payments received from the Client, within14 (fourteen) days of the day on which ZARYA has received the Products back, or the Client has supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by ZARYA using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement.
11.1 The right of withdrawal does not apply to orders for personalized Products, such as, for example, those with the Client’s initials engraved on the Product.
12.1.Without prejudice to the Client’s rights according to Sections 10 and 13, and with the exception of personalized Products, ZARYA allows in any case the Client to replace Products purchased on the Website, pursuant to the following procedure:
(I)once the Products are received, the Client shall promptly contact ZARYA by email at firstname.lastname@example.org.
(II)no later than 14 (fourteen) days from the date of delivery of the Products, the Products to be replaced must be returned by the Client to ZARYA in their original conditions as when delivered, along with the labels attached to the Products. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client.
12.2.The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Client other than what is necessary to establish the nature, characteristics and functioning of the goods, ZARYA reserves the right to refuse the exchange of the Products. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
12.3. The amount paid by the Client shall be reimbursed by ZARYA, through the same payment method used by the Client for the initial purchase, within 14 (fourteen) days after the returned Products have been delivered to ZARYA.
12.4.The replacement will be accepted by ZARYA subject to the availability of the new Products requested.
12.5.The replacement will be processed by ZARYA as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order. In particular, if the Products that the Client wishes to exchange have been initially paid by credit card, ZARYA will first refund the price initially paid by the Client and then will charge the price of the new requested Products pursuant to Section 6.3 above. If the initial payment was made by bank transfer and the price of the new requested Products is the same as the price paid by the Client for the Products he/she wishes to exchange, ZARYA will withhold the initial sum paid by the Client; if the price is different, ZARYA will refund - or request the Client to pay - the difference, as the case may be.
13.1.If a Product sold by ZARYA has manufacturing defects or an alleged lack of conformity, the Client will contact the online support by email or by ordinary mail to the following addresses:
Kleine Horionstr. 7
DE- 47551 Bedburg-Hau,
13.2. The Client has the right to have the Products brought into conformity, free of charge, by repair or replacement, at Client’s choice but subject to ZARYA’s right to refuse the Client’s choice in case of disproportionate costs, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the Products, or the contract cancelled. In any event, actions intended to assert a lack of conformity not maliciously concealed by ZARYA shall automatically lapse 24 (twenty four) months after the delivery of the Products.
13.3.In the event the Client is seeking the Products to be repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Products to be repaired or replaced shall be borne by ZARYA, as well as any costs related to the delivery to the Client of the repaired or replacing Products.
14.1.ZARYA guarantees the authenticity of all Products purchased on the Website. Products bearing the Zarya trademark are all rigorously and fully MADE IN GERMANY, with some raw material exceptions which are made in the European Union.
14.2.The “ZARYA” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the company ZARYA.
These General Conditions and, therefore, the Contracts executed with the Clients, are governed by and must be interpreted in accordance with German laws without recourse to its conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods, CISG.
16.1.For further information and assistance with the Website or on the methods of online purchase, the Client may contact ZARYA at one of the following contacts:
Kleine Horionstr. 7
DE- 47551 Bedburg-Hau,
+49 (0)2821 9796828
FOR POLISH SPEAKING CLIENTS
M. +48 601 601 31 99 89