TERMS AND CONDITIONS OF THE YELLOW YARNY YAK ONLINE STORE YELLOWAYARNYYAK.COM
§ 1 Introductory provisions
1. The online store available at yellowyarnyyak.com is run by Maria Antonina Lechowicz running a business under the name PRACOWNIA YYY Maria Antonina Lechowicz, entered into the Central Register and Information on Economic Activity (CEIDD) kept by the minister responsible for development and Finans, having: the address of the place of business, ul. Podhalańska 3 lok. 2, 33-300 Nowy Sącz, NIP 7342917320, REGON 365890666, e-mail address email@example.com, phone number 504 098 520.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
§ 2 Definitions
1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
2. Seller; service provider – Maria Antonina Lechowicz running a business under the name PRACOWNIA YYY Maria Antonina Lechowicz, entered into the Central Register and Information on Economic Activity (CEIDD) kept by the minister responsible for development and finance, having: address of the place of business, ul. Podhalańska 3 lok. 2, 33-300 Nowy Sącz, NIP 7342917320, REGON 365890666, e-mail address firstname.lastname@example.org, phone number 504 098 520.
3. Customer – each entity making purchases through the Store.
4. Service Recipient – a natural person, legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing on its own behalf an economic activity that uses or intends to use the Electronic Service.
5. Electronic service – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
6. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
7. Online Store – an online store run by the Seller at the Internet address yellowyarnyyak.com
8. Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
9. Regulations – these regulations of the Online Store.
10. Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
11. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart – an element of the Store’s software, in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data.
13. Product – a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – according to the features of the Product – a contract for the provision of services and a contract for specific work.
§ 3 Electronic services in the Online Store
1.To use Electronic Services, including viewing products and placing orders, it is necessary to meet the following technical requirements:
a. a computer, laptop or other multimedia device with access to the Internet and a web browser such as Internet Explorer, Mozilla Firefox Opera, Google Chrome,
b. an active e-mail account (e-mail),
c. enabled cookies,
d. FlashPlayer installed.
2. The following Electronic Services are available in the Online Store: Order Form and Newsletter.
3. The use of the Order Form is free of charge and shall be terminated at the time of placing the Order through it or upon an earlier cessation of placing the Order through it.
4. The use of the Newsletter takes place after providing the e-mail address to which the Newsletter information is to be sent on the website of the Online Store and clicking on the “Subscribe” field.
§ 4 Order submission rules
1. In order to place an Order:
a. select the Product that is the subject of the Order, and then click the “Add to cart” button;
b. fill in the Order Form by entering the details of the recipient of the Order and the address to which the delivery is to be made a Product, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the recipient’s details,
c. click the “Order and pay” button,
d. choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period.
2. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
3. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery, about which the Customer is informed on the Store’s website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
§ 5 Offered delivery and payment methods
1. The Customer may use the following methods of delivery or collection of the ordered Product:
b. postal item,
c. personal collection available at the address indicated in § 1 of the Regulations.
2. The customer can use the following payment methods:
a.payment in cash upon personal collection,
b.payment by bank transfer to the Seller’s account,
c. electronic payments.
§ 6 Performance of the sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 4 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. Payment terms:
a. if the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement;
b. if the Customer selects the cash on delivery payment, the Customer is obliged to make the payment on delivery.
4. The date of delivery of the Product to the Customer is 21 Business Days, unless the Parties agreed a shorter period when placing the Order.
5. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
6. The start of the period for delivery of the Product to the Customer is counted as follows:
a. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
b. if the Customer chooses the method of payment on delivery – from the date of concluding the Sales Agreement,
7. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 21 Business Days, unless a shorter deadline is specified when placing the Order. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
8. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
a. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account;
b. if the Customer chooses the method of payment in cash on personal collection – from the date of concluding the Sales Agreement.
9. The Product is delivered within the territory of the European Union.
10. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product are indicated to the Customer on the website of the Online Store in the “Delivery costs” tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
11. Personal collection of the Product by the Customer is free of charge.
§ 7 The right to withdraw from the contract
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the time limit specified in sec. 1 runs from the delivery of the last item, batch or part.
4. In the case of an Agreement which consists in the regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first thing.
5. The consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is enough for the Consumer to send the statement services before the expiry of this period.
6. The statement may be sent by traditional mail or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 1 of the Regulations.
7. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
8. Consequences of withdrawal from the Agreement:
a. In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, the payments made by him, in addition to the costs of delivering the goods.
c. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
d. The Seller may withhold the reimbursement until receipt of the Product back or until proof of its return is provided to him, whichever occurs first.
e. The consumer should send the Product back to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
Return address: Pracownia YYY Maria Antonina Lechowicz, ul. Podhalańska 3/2, 33-300 Nowy Sącz, phone: 504098520.
f. The consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
g. The consumer is only responsible for the reduction in the value of the Product resulting from its use other than as necessary to establish the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Store.
10.The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
a.for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,
b.in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
c. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery,
d. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement,
f. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations on the market, over which the Seller has no control,
h. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
i. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
j. for delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract,
§ 8 Product complaint
1. The Sale Agreement covers new and used Products. The condition of each used Product is described in detail on the Store’s website.
2. The Seller is obliged to provide the Customer with an item free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on the warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
4. Complaints should be submitted in writing or by e-mail to the address of the Seller provided in these Regulations.
5. It is recommended that to include in the complaint, among others a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer’s request in connection with the defect of the goods.
6. The Seller will respond to the complaint immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer’s request was considered justified.
7. Products sent as part of the complaint procedure should be sent to the address provided in these Regulations.
8. If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 9 Out-of-court ways of dealing with complaints and redress
1.Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy… and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
a. The consumer is entitled to apply to a permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) .
§ 10 Personal data in the Online Store
1. The administrator of personal data of Customers collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of personal data of the Online Store customers may be:
a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
b. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§ 11 Final provisions
1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.