Terms & conditions

 

WWW.YENE-MAR.COM

§ 1

GENERAL PROVISIONS

The www.yene-mar.com store operates on the terms set out in these Regulations.

The Regulations define the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.yene-mar.com Store, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services.

Each Customer, upon taking steps to use the Electronic Services of the www.yene-mar.com Store, is obliged to comply with the provisions of these Regulations.

In matters not covered by these Regulations, the following provisions shall apply:

Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),

Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827),

Act on out-of-court resolution of consumer disputes of 23 September 2016 (Journal of Laws of 2016, item 1823),

The Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.

 

§ 2

DEFINITIONS CONTAINED IN THE REGULATIONS

REGISTRATION FORM - a form available on the website www.yene-mar.com that allows you to create an Account.

ORDER FORM - a form available on the website www.yene-mar.com that allows you to place an Order.

CUSTOMER - a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

CONSUMER - a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.

ACCOUNT - marked with an individual name (login) and password, a collection of resources in the Service Provider's IT system, in which the Service Recipient's data is collected, including information about placed Orders.

PRODUCT - a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.

TERMS AND CONDITIONS - these Store regulations.

STORE - the Service Provider's online store operating at www.yene-mar.com.

SELLER, SERVICE PROVIDER - Aleksandra Rostkowska conducting business activity under the name of YENE MAR ALEKSANDRA ROSTKOWSKA entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, seat: ul. Stefana Żeromskiego 2a, 69-200 Sulęcin, address for service: ul. Pocztowa 11/2, 66-400 Gorzów Wielkopolski, NIP: 4290044366, REGON: 383724586, e-mail address: info@yene-mar.com.

SALES AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller via the Store.

ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Store.

SERVICE RECIPIENT - a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.

ORDER - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.

 

§ 3

INFORMATION ABOUT THE PRODUCTS AND THEIR ORDER

The www.yene-mar.com store sells Products via the Internet.

The products offered in the Store are new, free from physical and legal defects and have been legally placed on the Polish market.

The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to buy a specific Product under the conditions specified in its description.

The Product price shown on the Store's website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.

The Product price shown on the Store's website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store, which may occur for individual Products after the Customer places an Order.

Orders can be placed via the website using the Order Form (Store www.yene-mar.com) - 24 hours a day all year round.

In order to place an Order, the Customer is not required to register an Account in the Store.

The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.

The Store carries out Orders placed from Monday to Friday during the Store's working hours, i.e. from 10.00 to 18.00 on business days. Orders placed on working days after 18.00, on Saturdays, Sundays and public holidays, will be processed on the next business day.
Products in the promotion (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until the stocks of a given Product run out.

 

§ 4

CONCLUSION OF THE SALES CONTRACT

To conclude a Sales Agreement, prior submission by the Customer is necessary orders made available by the Seller in accordance with § 3 points 6 and 8 of the Regulations.

After placing the Order, the Seller immediately confirms its receipt.

Confirmation of acceptance of the Order, referred to in point 2 of this paragraph, binds the Customer with his Order. Confirmation of receipt of the Order is made by sending an e-mail.

Confirmation of receipt of the Order includes:

confirmation of all essential elements of the Order,

agreement withdrawal form,

these Regulations containing instructions on the right to withdraw from the contract.

After verification of the Order, the Seller immediately confirms the acceptance of the Order for execution by sending an e-mail. Confirmation of the acceptance of the Order for execution, binds the Customer with his Order.

Upon receipt by the Customer of the e-mail referred to in point 5 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

Each Sales Agreement will be confirmed by a proof of purchase (fiscal receipt), which will be attached to the Product and / or sent by e-mail to the Customer's e-mail address provided in the Order Form.

 

§ 5

PAYMENT METHODS

The seller provides the following payment methods:

traditional transfer to the Seller's bank account,

payment via the electronic payment system (PayU.pl).

In the case of payment by traditional transfer, the payment should be made to the bank account number: 34 1020 1967 0000 8702 0187 8495 (Bank Polski S.A.) YENE MAR ALEKSANDRA ROSTKOWSKA, ul. Stefana Żeromskiego 2a, 69-200 Sulęcin, NIP: 4290044366. In the title of the transfer, please enter "Order No. ...".

In the case of payment via the electronic payment system, the Customer makes the payment before starting the Order. The electronic payment system allows you to make payments by credit card or a quick transfer from selected Polish banks.

The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.

The product will be shipped only after it has been paid for.

 

§ 6

COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT

Product delivery costs, covered by the Customer, are determined during the Order submission process and depend on the choice of payment method and the method of delivery of the purchased Product.

The date of delivery of the Product includes the time of completing the Product and the time of delivery of the Product by the carrier:

The time for completing the Products is from 3 to 7 business days from:

posting the funds paid under the Sales Agreement on the Seller's account, or

positive authorization of the transaction by the electronic payment system.

The delivery of Products constituting movable goods by the carrier takes place within the period declared by the carrier, i.e. from 3 to 7 working days from the moment of sending the parcel (delivery takes place only on working days, excluding Saturdays, Sundays and holidays).

Products purchased in the Store are shipped only in Poland via Poczta Polska or a courier company.

The Products purchased in the Store may be picked up by the Customer in person after prior email or telephone contact.

 

§ 7

PRODUCT COMPLAINT

Warranty claim.

All Products offered in the Store have a warranty valid in the territory of the Republic of Poland.

The warranty period for the Products is 14 days and is counted from the date of delivery of the Product to the Customer.

The document entitling to the warranty protection is the warranty card or the proof of purchase.

The warranty does not exclude the rights of the Consumer and the entities referred to in § 10 of the Regulations, resulting from the warranty for physical and legal defects of the Product, specified in the Civil Code.

Complaint under the warranty.

The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in §10 of the Regulations, under the warranty covering physical and legal defects, are specified in the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).

Notifications about defects regarding the Product and submitting a relevant request may be made via e-mail to the following address: info@yene-mar.com or in writing to the following address: ul. Pocztowa 11/2, 66-400 Gorzów Wielkopolski.

In the above message in written or electronic form, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Seller.

For the assessment of physical defects of the Product, it should be delivered to the following address: ul. Pocztowa 11/2, 66-400 Gorzów Wielkopolski.

The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint.

In the case of a complaint from a Customer who is a Consumer or under the litter referred to in § 10 of the Regulations - failure to consider the complaint within 14 days of its notification is tantamount to its consideration. In connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller covers the costs of collection, delivery and replacement of the Product with a product free from defects.

The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.

 

§ 8

THE RIGHT TO WITHDRAW FROM THE CONTRACT

Subject to point 10 of this paragraph, the Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who concluded a distance contract, may withdraw from it without giving reasons, by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send a declaration of withdrawal from the contract provided by the Store.

In the event of withdrawal from the contract, the Sales Agreement is considered void, and the Consumer or the entity referred to in § 10 of the Regulations are obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection immediately, but not later than 14 days from the date, in which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.

In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Pocztowa 11/2, 66-400 Gorzów Wielkopolski.

The consumer or the entity referred to in § 10 of the Regulations is responsible for the reduction in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Regulations should handle the Products and check them only in the same way as they could do in a stationary store.

Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Regulations has expressly agreed otherwise. return without any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the receipt by the Seller of the declaration of withdrawal from the Sales Agreement.

If the Consumer or the entity referred to in § 10 of the Regulations has chosen a Product delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse them for additional costs incurred by them.

If the Seller has not offered to collect the Product himself from the Consumer or the entity referred to in § 10 of the Regulations, he may withhold the reimbursement of payments received from the Consumer until the item is returned or delivered by the Consumer or the entity referred to in § 10. Of the Regulations, proof of its return, depending on which event occurs first.

The consumer or the entity referred to in § 10 of the Regulations, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.

The fourteen-day period during which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract is counted from the day on which the Consumer or the entity referred to in § 10 of the Regulations took possession of the Product, and in the case of the service from the day of concluding the contract.

The right to withdraw from a distance contract is not entitled to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Sales Agreement:

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,

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,

in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,

in which the subject of the service is a service, 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 contract,

in which the subject of the service is an item that deteriorates quickly or has a short shelf life.

Both the Seller and the Customer have the right to withdraw from the Sales Agreement in the event of the other party's failure to perform its obligations within a strictly defined period.

 

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

This section contains provisions relating only to non-profit entrepreneurs covered by the protection resulting from the Act on consumer rights, referred to in § 10 of the Regulations.

The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

The Seller has the right to limit the payment methods provided by him in relation to the Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.

The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer when the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer, as well as for delay in transporting the shipment.

In the case of sending the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If he finds that the Product has been lost or damaged during transport, he is obliged to perform all actions necessary to determine the liability of the carrier.

The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to a Service Recipient who is not a Consumer.

 

§ 10

PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

An entrepreneur running a sole proprietorship (this section does not apply to commercial companies) is protected under the Consumer Rights Act, provided that the Sales Agreement it concludes with the Seller is not of a professional nature.

A person running a business referred to in point 1 of this paragraph is protected only to the extent of:

prohibited contractual provisions - the so-called abusive clauses,

liability under the warranty for physical and legal defects of the Product, in accordance with § 7 of the Regulations,

the right to withdraw from a distance contract, in accordance with § 8 of the Regulations.

The entrepreneur referred to in point 1 of this paragraph loses the rights under consumer protection in the event that the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular, the codes of the Polish Classification of Activities indicated therein.

The entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided to Consumers by poviat consumer ombudsmen as well as the President of the Office of Competition and Consumer Protection.

 

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider enables the use of Electronic Services via the Store, such as:

concluding Product Sales Agreements,

keeping an Account in the Store.

The provision of Electronic Services to Customers in the Store takes place under the conditions specified in the Regulations.

The Service Provider has the right to post advertising content on the Store's website. This content is an integral part of the Store and the materials presented in it.

 

§ 12

CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

Provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.

The period for which the contract is concluded:

the contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a definite period of time and is terminated when the Order is placed or the Customer ceases to submit it.

the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period. The contract is concluded when the Service Recipient sends the completed Registration Form.

Technical requirements necessary for cooperation with the ICT system used by the Service Provider:

a computer (or mobile device) with Internet access,

access to e-mail,

Web browser,

enabling cookies and Javascript in the web browser.

The Service Recipient is obliged to use the Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.

The Service Recipient is obliged to enter data in accordance with the facts.

The Service Recipient is prohibited from providing illegal content.

 

§ 13

COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

Complaints are bound with the provision of Electronic Services via the Store, the Service User may submit via e-mail to the following address: info@yene-mar.com.

In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.

Consideration of the complaint by the Service Provider takes place immediately, no later than within 14 days from the date of notification.

The Service Provider's response to the complaint is sent to the Customer's e-mail address provided in the complaint or in another way provided by the Customer.

 

§ 14

TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

Termination of the contract for the provision of Electronic Services:

A contract for the provision of Electronic Services of a continuous and indefinite nature (Account maintenance) may be terminated.

The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via e-mail to the following address: info@yene-mar.com

The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Regulations, in particular when he provides illegal content after an unsuccessful prior call to cease the violations with an appropriate deadline. In such a case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period).

The termination leads to the termination of the legal relationship with effect for the future.

The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.

 

§ 15

INTELLECTUAL PROPERTY

All content posted on the website at www.yene-mar.com is protected by copyright and (subject to § 15 point 3 and elements posted by the Service Users, used on the basis of a license, transfer of proprietary copyrights or fair use) are the property of Aleksandra Rostkowska conducting business activity under the name of YENE MAR ALEKSANDRA ROSTKOWSKA, ul. Stefana Żeromskiego 2a, 69-200 Sulęcin, NIP: 4290044366, REGON: 383724586. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content on the www.yene-mar.com website, without the Service Provider's consent.

Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and content of the www.yene-mar.com website constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.

All trade names, Product names, company names and their logos used on the Store's website at www.yene-mar.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store's website at www.yene-mar.com are used for informational purposes.

 

§ 16

FINAL PROVISIONS

Agreements concluded through the Store are concluded in accordance with Polish law.

In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.

Any disputes arising from the Sales Agreements between the Store and Consumers will be settled first by negotiation, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be resolved by a competent common court, in accordance with point 4 of this paragraph.

Court settlement of disputes:

Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in §10 of the Regulations, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296 as amended).

Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer, referred to in §9 of the Regulations, shall be submitted to the court having jurisdiction over the Service Provider's seat.

The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application to initiate mediation or an application for consideration of the case by an arbitration court after the end of the complaint procedure (the application can be downloaded from the website http://www.uokik.gov. pl / download.php? file = 6223). List of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates Inspekcji Handlowa is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.

In order to resolve the dispute amicably, the consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.