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PRELIMINARY PROVISIONS
This document defines the terms of sale and the provision of services within the online store operated
at www https://yavorska.co/ by YAVORSKA Limited Liability Company, ul. Władysława Syrokomli 3, 80-267 Gdańsk, Poland, VAT ID (NIP): PL5842727188, KRS (Company Register No.): 0000421633.
These Terms and Conditions are continuously available on the Store’s website in a way that allows them to be obtained, reproduced, and stored at any time, including by printing or saving to a data carrier. They are also made available to the Customer after concluding an agreement, in a manner that allows future access.
The services and sales provided through the Online Store are addressed to consumers and entrepreneurs.
For the purposes of interpreting these Terms and Conditions, the following terms shall mean:
Business Day – any weekday from Monday to Friday, excluding public holidays;
Order Form – an interactive form made available in the Online Store that enables the Customer to place an Order;
Customer – a natural person with full legal capacity, a sole trader, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, who concludes a Sales Agreement;
Civil Code – the Polish Civil Code Act of 23 April 1964;
Account – an individually assigned part of the Online Store allocated to a specific Customer;
Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Polish Civil Code;
Product – a good presented in the Online Store, being a movable item offered for sale;
Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43[1] of the Polish Civil Code;
Personal Pickup Point – a location selected by the Customer – a stationary pickup point where the Order may be collected. The current list of Personal Pickup Points is presented in the Online Store;
Terms and Conditions – this document;
Registration – a one-time action consisting of creating an Account by the Customer, performed using the registration form made available by the Seller on the Online Store’s website;
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
Online Store – the online store operated by the Seller, available at https://yavorska.co/
Seller – YAVORSKA Limited Liability Company, ul. Władysława Syrokomli 3, entered in the National Court Register maintained by the District Court in Gdańsk under KRS number 0000421633, VAT ID PL5842727188, REGON 221751726, as the owner of the Yavorska brand.
Sales Agreement – a sales agreement, as understood by the Civil Code, concluded between the Customer and the Seller as a result of placing an Order;
Electronic Services – services provided electronically by the Seller within the meaning of the Polish Act of 18 July 2002 on the provision of electronic services;
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights;
Act on the Provision of Electronic Services – the Polish Act of 18 July 2002 on the provision of electronic services;
User – any individual internet user making use of the Electronic Services provided in the Online Store;
Order – a declaration of intent submitted by the Customer via the electronic Order Form, constituting an offer to conclude a Sales Agreement for the Product presented in the Online Store.
The Seller has the right to organize occasional contests and promotions. The terms and conditions of such actions will each time be provided on the Online Store website or set out in separate regulations.
Agreements concluded within the Store are in the Polish language.
RULES FOR USING THE ONLINE STORE
To use the Online Store, the User’s IT system must meet the following requirements:
access to the Internet,
the most up-to-date version of Google Chrome, Mozilla Firefox, Microsoft Edge, Safari, or Opera,
cookies and JavaScript enabled in the browser,
software to read and save PDF files.
Using Electronic Services may involve risks typical for any internet user, including the possibility of harmful software being introduced into the User’s IT system and the acquisition or modification of their data by unauthorized persons. The User is advised to use appropriate technical safeguards to minimize these risks.
The Seller informs that the Store uses cookie mechanisms. The rules for their use are governed by the Cookies Policy available on the Store’s website.
All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its domain, the Store’s website, and rights to forms and logos, belong to the Seller. Use of these rights is permitted only as specified in and in accordance with these Terms and Conditions, or in other cases with the Seller’s consent.
To use certain Electronic Services or to place an Order, it may be necessary to have: an active Account or an active e-mail address.
The User is obliged to use the Store in compliance with applicable law, these Terms and Conditions, and generally accepted principles of internet use.
It is forbidden to provide or transmit content that is prohibited by law, including content that promotes violence, is defamatory, or violates personal rights or other rights of third parties.
ELECTRONIC SERVICES
The Seller enables Users to use the following free Electronic Services: Account, Order Form, Newsletter, and contact form.
To start using the Account service, prior Registration in the Online Store is required. Registration is carried out by completing and submitting to the Seller the registration form available on the Store’s website.
The Account service agreement is concluded at the moment the User receives confirmation of Registration, for an indefinite period. The User may terminate the agreement at any time by sending an appropriate statement to the Seller or by using the “delete Account” button.
The Seller provides the Order Form, enabling the purchase of Products presented in the Store. The Order Form service is provided for a definite period and is terminated at the time the Order Form is sent to the Seller.
Each User may subscribe to the Newsletter in order to receive commercial and promotional information from the Seller at the e-mail address provided. The Newsletter service is provided for an indefinite period. The User may at any time withdraw consent to receive the Newsletter by asking the Seller to remove them from the mailing list or by unsubscribing via the link included in the Newsletter.
The electronic contact form enables communication with the Seller. The contact form service is provided for a definite period and is terminated when the form is submitted to the Seller.
In the event of a breach of these Terms and Conditions, and after an ineffective request to cease the breach within a specified deadline, the Seller may terminate the Electronic Services agreement with immediate effect.
SALE OF PRODUCTS
All Products available in the Online Store are factory new, free from physical and legal defects, and have been legally placed on the Polish market, unless the Seller has explicitly marked them as non-full-value items.
Prices of Products presented in the Store are gross prices and include all applicable taxes, including VAT. The Product price does not include delivery costs, unless expressly stated otherwise in the Product description.
For Products covered by a warranty, detailed information on the warranty, its conditions, rules, and the entity providing it is indicated on the Store’s website, including in the Product description.
The Product information presented in the Online Store does not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract as defined by Article 71 of the Civil Code.
To place an Order, the Order Form must be correctly completed.
Placing an Order constitutes the Customer’s offer to conclude a sales agreement for the selected Products. The Customer automatically receives confirmation that the Order was received by the Seller’s IT system.
The Seller then sends an order confirmation to the Customer’s e-mail address. This confirmation constitutes acceptance of the Customer’s offer, and at that moment the sales agreement for the Products is concluded.
After conclusion of the Sales Agreement, the Seller sends the content of the agreement to the e-mail address provided by the Customer.
PAYMENTS
Payment for a Product in the Online Store is made as follows:
If the delivery method chosen is courier shipment – according to the Customer’s choice: by electronic payment using an online payment system integrated with the Store, or cash on delivery;
If the delivery method chosen is in-store pickup – exclusively by electronic payment using an online payment system integrated with the Store.
The Customer is informed on the Store’s website about the payment deadline for the Order. The Customer is obliged to pay within the period indicated. If the Customer fails to make payment within that period, the Seller, after an ineffective request for payment with an additional deadline, may withdraw from the Sales Agreement pursuant to Article 491 of the Civil Code.
Available payment methods:
Payment cards:
*Visa
*Visa Electron
*Mastercard
*Mastercard Electronic
*Maestro
The entity providing online payment processing is Autopay S.A.
DELIVERY
Delivery of Products is limited to the territory of the Republic of Poland.
The Seller offers the following delivery methods:
Delivery via courier to the address indicated by the Customer when placing the Order,
Personal pickup at the Seller’s Personal Pickup Point,
Delivery via DHL Express to a parcel locker specified during the order process.
The delivery costs and lead times for fulfilling the Order are indicated in each Product description in the Online Store.
The Order lead time is calculated in Business Days. The lead time begins on the day payment is received, or if payment on delivery was selected – on the day the Sales Agreement is concluded.
If different delivery times are provided for Products included in a single Order, the longest of those times applies to the entire Order.
ENTREPRENEURS
The provisions of this section apply only to Customers who are Entrepreneurs.
For a sales agreement concluded with an Entrepreneur, the Seller has the right to withdraw from the agreement without stating a reason within 10 days of its conclusion. The Entrepreneur shall not be entitled to any claims against the Seller in this respect.
At the moment the Products are handed over to the carrier, the benefits and burdens associated with the Products, as well as the risk of accidental loss or damage, transfer to the Entrepreneur.
Upon receipt, the Entrepreneur is obliged to check the condition of the Products. If any damage or reservations are found, a written protocol of reservations should be drawn up in the presence of the carrier, precisely specifying the quantity and type of Products and the nature of the damage, in accordance with the carrier’s procedure.
The Seller is not liable for the actions of the carrier. The Seller is not liable for damage resulting from incorrect data provided by the Customer when placing the Order, including incorrect contact details or delivery address.
Any disputes arising between the Seller and the Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.
COMPLAINTS REGARDING PRODUCTS AND ELECTRONIC SERVICES PROVIDED BY THE SELLER
The Seller undertakes to deliver Products free from physical and legal defects, unless the Product description clearly states that the Product is not full-value.
In the event of a defect in the Product, the Seller is liable towards the Customer who is a Consumer under the statutory warranty (rękojmia) as set out in Articles 556–576 of the Civil Code.
To allow the complaint to be processed, the Customer shall send the Product under complaint to the Seller, preferably together with proof of purchase. It is recommended to precisely describe the nature of the defect, the date it occurred, and the Customer’s request in relation to the defect.
The Customer may also submit complaints to the Seller regarding the operation of the Store and the use of Electronic Services.
The Seller undertakes to review each complaint regarding a Product within 14 days. Complaints concerning Electronic Services will be reviewed within 30 days.
If a complaint is incomplete, the Seller will request the Customer to supplement it to the necessary extent without delay, but no later than within 7 days of receipt of the request by the Customer.
Complaints should be submitted to the Seller:
by post to: Al. Grunwaldzka 72, 80-244 Gdańsk, Poland,
using the contact form available in the Online Store.
To speed up the processing of Product complaints, the Seller recommends sending the Products under complaint to: Al. Grunwaldzka 72, 80-244 Gdańsk, Poland.
CONSUMER RIGHT OF WITHDRAWAL FROM THE AGREEMENT
In accordance with the Consumer Rights Act, a Customer who is a Consumer may withdraw from the agreement without stating a reason within 14 days by submitting to the Seller a declaration of withdrawal. The 14-day withdrawal period is counted from the day the Product was delivered, or in the case of an agreement for the provision of electronic services – from the day the agreement was concluded.
The Customer may draft their own declaration of withdrawal or use the model withdrawal form provided as Appendix No. 1 to these Terms and Conditions.
The Consumer’s right to withdraw from the Agreement is excluded in the case of:
the provision of services, if the Seller has fully performed the service with the Consumer’s express prior consent, and the Consumer was informed before the performance began that they would lose the right of withdrawal once the service was fully performed;
an agreement where the subject of the service is a non-prefabricated Product, made to the Consumer’s specifications or clearly personalized to meet their individual needs;
an agreement for the supply of a Product delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery.
In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded. The parties must return what they have provided in an unchanged state, unless a change was necessary to determine the nature, characteristics, and functioning of the Product. The return must take place without undue delay and no later than within 14 days.
The Seller shall refund the payments made by the Customer without delay, but no later than within 14 days of receiving the Consumer’s withdrawal declaration.
The Seller may withhold the refund until the Product is received back or until the Consumer provides proof of having sent it back, whichever occurs first, unless the Seller has offered to collect the Product from the Consumer.
The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different method that does not involve any additional cost.
If the Consumer chose a delivery method that is more expensive than the cheapest standard delivery method offered in the Online Store, the Seller is not obliged to reimburse the additional cost incurred by the Consumer.
The Customer shall bear only the direct cost of returning the Product, unless the Seller has agreed to cover this cost.
To speed up the return process, the Seller recommends sending returned Products to: Al. Grunwaldzka 72, 80-244 Gdańsk, Poland.
OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND ACCESS TO SUCH PROCEDURES
Any Customer who is a Consumer has the possibility to use out-of-court complaint and redress mechanisms.
The Consumer may:
obtain free assistance in resolving a dispute between the Customer and the Seller, using the help of a municipal or county consumer ombudsman or a consumer rights organization (such as the Federation of Consumers or the Association of Polish Consumers);
use the contact point at the Office of Competition and Consumer Protection (UOKiK) (phone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or by mail: Pl. Powstańców Warszawy 1, Warsaw), whose tasks include assisting consumers in matters related to out-of-court consumer dispute resolution;
Examples of out-of-court complaint and redress procedures include applying to:
a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from a concluded sales agreement;
the provincial inspector of the Trade Inspection with a request to initiate mediation in order to settle a dispute amicably between the Customer and the Seller.
PERSONAL DATA
The controller of the Customers’ personal data (within the meaning of Article 4(7) of the GDPR), including Users making use of the Store’s functionalities, is the Seller, i.e. YAVORSKA Limited Liability Company, ul. Władysława Syrokomli 3, 80-267 Gdańsk, Poland, VAT ID: PL5842727188, KRS: 0000421633.
The Seller has appointed a Data Protection Officer (DPO), who may be contacted regarding personal data protection and the exercise of related rights. You may contact us by e-mail at office@yavorska.co,or by traditional mail to the Seller’s address with the note “RODO – YAVORSKA”.
Customers’ (including Users’) personal data may be processed for the following purposes and on the following legal bases:
accepting orders and performing the sales agreement (legal basis: Article 6(1)(b) GDPR),
ongoing communication regarding placed orders, including confirmation and status updates (legal basis: Article 6(1)(b) GDPR),
enabling registration and operation of an Account created in the Store (if the User has created such an Account), and providing other functionalities via the Store as described in Section 3 of these Terms and Conditions, under an electronic services agreement with the User (legal basis: Article 6(1)(b) GDPR),
processing complaints related to concluded sales agreements (Article 6(1)(b) GDPR),
processing complaints from Users concerning electronic services (Article 6(1)(b) GDPR),
receiving and handling requests and inquiries other than complaints, including those related to concluded agreements, sent to the Seller (e.g. via contact details published on the Store’s website), which constitutes the Seller’s legitimate interest (legal basis: Article 6(1)(f) GDPR),
accepting declarations of withdrawal from distance sales agreements, in accordance with these Terms and Conditions and Chapter 4 of the Consumer Rights Act, which constitutes the Seller’s legitimate interest (legal basis: Article 6(1)(f) GDPR),
pursuing and defending claims, and supporting out-of-court complaint and redress procedures, which constitutes the Seller’s legitimate interest (legal basis: Article 6(1)(f) GDPR),
enabling the use of electronic payment methods, which constitutes the Seller’s legitimate interest (legal basis: Article 6(1)(f) GDPR),
monitoring how Users use the Store’s services for compliance with these Terms and Conditions, and for developing Store functionalities and improving the services provided – which constitutes the Seller’s legitimate interest (legal basis: Article 6(1)(f) GDPR),
direct marketing, including profiling, by selecting and displaying Store products tailored to the activity and preferences of specific Users – which constitutes the Seller’s legitimate interest (legal basis: Article 6(1)(f) GDPR),
conducting statistical analyses, which constitutes the Seller’s legitimate interest (legal basis: Article 6(1)(f) GDPR),
