REGULATIONS
OF THE YOPE ONLINE STORE
These regulations of the Yope online store define the terms and conditions of using the store and the method of selling goods/products through it, conducted by the company under the name YOPE Spółka z ograniczoną odpowiedzialnością (Ltd.) with its registered office in Warsaw (Poland) at: Chmielna 172/174, 00-805 Warsaw, Poland, Polish Tax Identification Number (NIP): 7010399349, registered under KRS number 0000480787 in the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register.
§1. DEFINITIONS
1. “Delivery” - means the Supplier’s actual act of delivering Products covered by the Sale Contract to the Place of Delivery in the manner resulting from such a contract;
2. "Supplier" - means the entrepreneur commissioned by the Seller to make the Delivery;
3. "Password" - means a sequence of characters (digits, letters or special characters) indicated by the Customer during Registration, used to secure access to the Account;
4. "Customer" - means a natural person or an organization with the ability to conclude contracts under the Applicable Laws, who use the Store. The Customer, who is an organization, is represented by a natural person who is capable of acting on its behalf and at the same time properly empowered to do so;
5. "Consumer" - means a natural person performing a legal action with the Company which is not directly related to his/her business or professional activity;
6. "EU Consumer" - means a Consumer whose Place of Permanent Residence is in an EU State;
7. „Account " - means an Electronic Service consisting of providing an individual panel for each Customer which is launched on his behalf by the Seller in the Store after Registration; access to the Account is possible using the Login and Password;
8. "Basket" - means the Electronic Service consisting of enabling the Customer to place an Order for one or more Products, as well as using other types of functionalities freely made available by the Seller, e.g. entering discount codes enabling a price reduction for the Products on the terms set out in separate agreements / regulations, displaying a summary as to the price of individual and all Products, displaying the expected delivery date of the Products;
9. "Login" - means the Customer's e-mail address provided during Registration, which enables identification in the Store;
10. "Place of Delivery" - means the precise address indicated in the Order submission process, where the Products covered by the Sales Agreement are to be delivered; The Place of Delivery must be located in the state/territory to which the Company allows the sale of the Products in accordance with the information provided in the Store and during the Order submission process;
11. "Place of Permanent Residence" - means the place where the Customer stays for the purpose of permanent residence/living (with regard to Consumers) or where the main seat (registered office / headquarters) of its organizations is located (with regard to Entrepreneurs);
12. "EU State" - means a state-member of the European Union;
13. "Privacy Policy" - means a set of rules for the processing of personal data and rules for the protection of privacy applied to Customers, described in detail in the Store in the "Privacy Policy" tab;
14. "Entrepreneur" - means a natural person or an organization with the ability to conclude contracts under the Applicable Laws, that conduct business or professional activity on their own behalf and perform a legal action with the Company directly related to their business or professional activity;
15. "EU Eligible Entrepreneur" - a Customer who is a natural person concluding a Sale Contract directly in connection with his/her business activity conducted in an EU State, but when this contract, i.e. the type of Products covered by it, is not of a professional nature for him/her (purchased Products are not related to the subject of his/her business activity);
16. "Regulations" - this document specifying the rules for concluding and performing Sale Contracts as well as the rules for the provision and use of Electronic Services. Regulations define the rights and obligations of the Customer and the Seller (Company);
17. "Registration" - means the actual act performed in the manner specified in the Regulations, undertaken by the Customer in order to create an Account; Registration is required for the Customer to use all the functionalities of the Store;
18. „Seller” or „Company” - YOPE Spółka z ograniczoną odpowiedzialnością (Ltd.) with its registered office in Warsaw (Poland) at: Chmielna 172/174, 00-805 Warsaw, Poland, Polish Tax Identification Number (NIP): 7010399349, registered under KRS number 0000480787 in the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register;
19. "Sale Contract" - a contract for the sale of the Products covered by the Order, concluded remotely between the Customer and the Seller at the time the Seller sends information to the Customer on dispatch of Products (in accordance with §4. point 11 of the Regulations); Sale Contract is concluded and performed under the terms of the Regulations;
20. “Electronic Services" - services provided electronically by the Seller to the Customer via the Store; Electronic Services are provided under the terms of the Regulations;
21. "Website" - the website www.yope.me, administered by the Company;
22. "Store" - a platform owned and operated by the Seller via the Website or a dedicated mobile application that allows placing Orders, concluding Sale Contracts and providing Electronic Services;
23. "Products" - means products presented in the Store, the purchase of which is possible only in retail quantity by placing an Order under the terms of the Regulations;
24. "Applicable Laws" - mean listed below legal provisions applicable to the rights and obligations of the Company and specific Customer as to matters covered by the Regulations;
Applicable Laws are:
1) legal provisions being in force in Poland (Polish law is the basic law applicable to matters covered by the Regulations),
2) provisions of private international law relating to the status, legal ability and representation of the Customer, and
3) those legal provisions being in force in the state/country of the Place of Permanent Residence of specific Customer which cannot be contractually excluded (provisions enforcing its jurisdiction in accordance with the regulations of international agreements and organizations that are binding Poland);
25. "Order" - means an offer to buy specific Products (included in the Basket) submitted by the Customer via the Store under the terms of the Regulations, parameters resulting from the Product cards in the Store and under other terms determined in the process of placing the Order (including the method of Delivery and Place of Delivery, method of payment of an advance).
§2. GENERAL PROVISONS / USING THE STORE
1. All rights, including proprietary copyrights and other types of intellectual property rights to the Store and each of its elements, to its name, domain of the Website, as well as to patterns, forms, logos, photos and descriptions of the Products posted within the Store, belong to the Seller, and their use may only take place in the manner specified and in accordance with the Regulations. The use of the above-described rights and elements of the Store, beyond the functionalities provided by the Seller in the Store or purposes resulting from the Regulations, requires obtaining an appropriate license in writing.
2. The purchase of Products in the Store takes place under the condition of prior Registration on the terms set out in § 3 of the Regulations or without registration, but after prior approval of the Regulations by the Customer. Seller undertakes reasonable efforts to ensure that the use of the Store is possible with all popular web browsers, operating systems, device types and types of internet connections. The minimum technical requirements, the fulfillment of which is necessary for cooperation with the IT system supporting the Store in order to conclude a Sale Contract or use of Electronic Services, are as follows:
a) a computer, laptop or other multimedia device with Internet access and a tool that allows you to fill in electronic forms (e.g. keyboard);
b) access to e-mail;
c) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari 5.0 and higher;
d) recommended minimum screen resolution: 1024x768;
e) enabling cookies and JavaScript support in Internet browser;
f) with regard to access to the Store via a mobile application, additionally: 1) operating systems: Android version 4.0.3 or higher or iOS version 9.03.4 or higher, 2) camera and 3) enabled geolocation service (GPS).
3. It is prohibited for the Customer to transfer, upload or provide the Store with illegal content and to use the Store and Electronic Services in a manner inconsistent with the Regulations, Applicable Laws, good manners or in a manner that violates the personal rights of third parties.
4. It is prohibited for the Customer to use the resources and functions of the Store for the purpose of conducting business activity that would infringe the interests of the Seller. It is forbidden to aggregate and process data and other information available in the Store for the purpose of their further sharing with third parties as part of other websites or outside the Internet. It is also forbidden to use the Store's markings, including characteristic graphic elements, as part of own service websites.
5. It is prohibited for the Customer to purchase via the Store the Product:
a) which is excluded from the market or which sale is restricted in any way (e.g. by the administrative price or import limits) on the state territory where the Place of Delivery is to be located or
b) which the Customer is not allowed by law to acquire or possess on the state territory of his/her/its Place of Permanent Residence.
When placing an Order, the Customer is obliged to verify on an ongoing basis whether the circumstances described above apply to the Producers to be ordered. Customer is solely responsible for the consequences that may be caused by the purchase of the Product affected by the aforementioned restrictions via the Store.
6. In the event of a breach by the Customer of the Regulations, Applicable Laws or good manners, the Company may unilaterally terminate the contract with the Customer for the use of Electronic Services or suspend its performance as to specific Account. Termination of said contract does not affect the already concluded Sale Contracts. In particular, this applies to a situation where a) the Customer has downloaded or used any materials available in the Store without the consent of the Company and b) there is a reasonable assumption that the Customer uses fictitious, incomplete or untrue data within the Account.
7. It is possible to use the Store 7 days a week, 24 hours a day, subject to failures and technical breaks necessary to repair errors or further develop the Store.
8. Company does not conduct business activity outside the territory of Poland and the territory of the United States of America (USA) and, as a rule, does not direct its activities outside these territories. However, when working with globally operating courier companies, the Company gives Customers the opportunity to determine the Place of Delivery in EU State or in another state/country clearly indicated in the information presented in the Store and/or during the Order submission process.
9. Anyone (natural person, legal entity and other organizations) that starts to use the Store (regardless of the form of such usage) is considered as a Customer who accepted the Regulations (by default) and engaged with the Company in the agreement for provision of Electronic Services (available without Registration or logging into the Account) performed under the terms of the Regulations.
§3. REGISTRATION
1. Company allows Customers to register in order to create an Account that gives access to all Electronic Services and full functionalities available in the Store.
2. Registration and use of Electronic Services by the Customer are free of charge.
3. During the Registration it is necessary:
a) confirmation of getting familiarized with and acceptance of the Regulations,
b) completing the registration form, in which the Customer provides his e-mail address, which will become the Login, and sets the Password.
4. After logging in to the Store, the Customer gains access to additional options and functionalities in the Account, such as: Order’s history, status of the recently placed Order or stage of fulfillment of the Sale Contracts, list of addresses for Place of Delivery, current information on the Products.
5. During the Registration and use of the Store, the Customer is obliged to:
a) providing true, accurate and up-to-date data that is not misleading and does not infringe the rights of third parties;
b) updating data provided in the Registration (form immediately after changing this data. Data updates are made via the Account;
c) keep the Password confidential and not disclose it to third parties.
6. Customer is solely responsible for the content of the data provided to the Company, as well as for the selection of the e-mail address (Login) and Password, including (without limitation) possible violation of the rights of third parties. Customer is also solely responsible for consequences of disclosing the Password to third parties.
7. If the Company makes available to process the Registration through the profile on facebook.com, the Account may be created by redirecting from the Store to the facebook.com website, where the Customer will be asked to provide the username and password of Facebook’s account. After submitting the completed registration form, the Customer will receive an Account registration confirmation to the e-mail address provided in the registration form. At this moment, an agreement for maintenance of the Account and provision of all available Electronic Services is concluded, and the Customer may access the Account and make changes to the data provided during the Registration.
§4. CONCLUSION OF THE SALE CONTRACT AND ITS FULFILLMENT
1. To place an Order, the Customer should perform at least the following steps, some of which may be repeated many times:
a) adding Products to the Basket;
b) indication of the Place of Delivery;
c) selecting one of the Delivery methods made available by the Company;
d) selecting one of the payment methods made available by the Company;
e) placing an Order in the Store by using the "Confirm and pay" button or equivalent.
2. When placing the Order, the Customer is obliged to indicate the full and correct address of the Place of Delivery, which may not be changed until the Delivery is made. Without the Seller’s explicit consent changing the Place of Delivery is not possible after placing the Order. When indicating the Place of Delivery, the Customer should verify and remove from the Basket Products the purchase of which would not be allowed in accordance with the provisions of § 2 point 5 of the Regulations.
3. As to a Customer being a natural person and acting as an Entrepreneur with a Place of Permanent Residence in an EU State, in the process of placing an Order the Company may require him/her to indicate whether under the Sale Contract to which such Order leads he/she will have the status of an EU Eligible Entrepreneur – in such case the Customer should fulfil said request in accordance with the facts. Subject to other situations resulting from the Regulations, the Company may refuse to accept the Order if said status is not specified at request.
4. Placed Order constitutes unconditional and irrevocable (with the exceptions specified in the Regulations) Customer's offer submitted to the Company in conclude the Sale Contract for selected Products.
5. Order is placed when the Customer uses the button confirming acceptance to pay the advance payment for the Order, i.e. "I confirm and pay", "I order with payment obligation" or an equivalent. The advance payment for the Order covers total price for Products to be order, costs of Delivery and other possible costs disclosed to and accepted by the Customer during the ordering process. Placing an Order will start appropriate processes enabling the payment of the advance payment for the Order, after which Customer is redirected to the Store's tab confirming the submission of the Order. Further processing of the Order by the Company depends on successful payment of the advance payment. After placing the Order it is not possible to edit it or change its content, i.e. it is not possible to make any changes as to the Products neither the method nor the Place of Delivery.
6. If online payment (including electronic transfer or payment card) is chosen for the advance covering the Order, payment instruction should be carried out immediately after placing the Order. Customer is then redirected to a website that allows electronic payment, e.g. the login page of the Customer's bank or the Card Authorization Center. If the payment is not received to the bank account of the Company or intermediate in the transaction (e.g. Mollie, PayPal) within 2 days from the date of placing the Order, the Order will be automatically canceled, i.e. without any additional statements or actions of the Company.
7. At each stage of placing an Order, until "I confirm and pay" button or equivalent is used, a Customer may cancel the process by ceasing to go through the next steps and leaving the subpage/tab for placing Orders. Draft Order which submission process is not completed (i.e. until "I confirm and pay" button or equivalent is used) for whatever reason, has no effect and will not be processed nor completed.
8. Immediately after the successful placement of the Order, an e-mail confirming the submission of the Order will be sent to the Customer's e-mail address assigned to the Account or another address provided in the Order submission process. Through such message, the Customer will receive an individualized Order number which will allow, among others, check the status of the Order (whether it has been accepted by the Company and at what stage of fulfilment it is at). Confirmation of placing the Order does not constitute acceptance of the Customer's offer and does not lead to the conclusion of the Sale Contract (what takes place after explicit Company’s acceptance of the Order in accordance with point 10 below).
9. Company may contact the Customer using the e-mail address or telephone number assigned to the Account or other provided in the Order submission process, to clarify doubts, confirm the submission of the Order and its further acceptance as well as in other matters related to fulfilment of the Sale Contract.
10. Within 4 days from the effective submission of the Order, the Company may accept the Order (in whole or in part) by sending the Customer to e-mail address assigned to the Account or other provided in the Order submission process informing on commencing Delivery of indicated Products from the Order or containing other equivalent information indicating that the Order is being completed in whole or in part. Sending such a message means the conclusion of the Sale Contract as to the Products indicated therein on the terms resulting from the Regulations but considering content of the relevant Order.
11. Sale Contract is to be fulfilled by the Seller only after the full payment for included Products and other costs resulting from the Order is credited to the bank account of the Seller or other of an intermediate in the transaction (e.g. Mollie, PayPal).
12. Packages are sent within 10 days however subject to terms individually specified on the card of a given Product in the Store – for Orders covering many Products package will be send within the longest term specified on the cards of these Products (if such are specified at the moment of placing the Order). Mentioned terms begins at the moment indicated in point 11 above, that is when relevant Sale Contract is to be fulfilled by the Seller.
13. In the event of unavailability of the Products covered by the Sale Contract (e.g. due to the expiry date and the lack of the same Products) or the occurrence of other significant circumstances preventing the proper fulfilment of the Sale Contract, the Seller shall immediately notify the Customer on such circumstances to the e-mail address assigned to the Account or other provided in the process of placing relevant Order. In such a situation:
a) if the aforementioned circumstances result from force majeure, the Sale Contract shall expire as to the Products affected by such circumstances, and the Seller, within 14 days from sending said notification, will refund the Customer the amount paid for such Products through the same payment method used to pay for relevant Order;
b) within 14 days from the date of sending said notification, the Customer and the Seller may agree through e-mail correspondence on Delivery of other Products then originally covered by relevant Order, what will constitute an appropriate amendment to the Sale Contract; such agreement should include the method and terms for returning the overpayment or payment of the underpayment by the Customer if total price for substitute Products is different from total price originally covered by relevant Order; term for Delivery including substitute Products is indicated by the Seller;
c) if within the term indicated in letter b) above parties are not able to reach an agreement or the Customer is not responding to said notification nor try to make a contact with the Seller through standard means of communication indicated at the Store, the Seller may, within further 30 days after expiry of said term, withdraw from the Sale Contract in the scope of Products affected by above-mentioned circumstances, what however does not affect anyhow on claims for damages or costs resulting from the Sale Contract; moreover, the Seller, within 14 days from the withdrawal, will refund the Customer the amount paid for such Products through the same payment method used to pay for relevant Order.
14. If the Customer is an Entrepreneur, in the process of placing the Order the Customer should select appropriate option confirming this fact and then provide true, accurate and complete data necessary to issue an invoice or other accounting document. The Company may refuse to accept the Order if in described situation the Customer does not provide said data or it is inaccurate or false.
15. If the Customer has placed an Order covering Products which do not meet requirements indicated in or violating any other duties from provisions of §2. point 5 of the Regulations, the Company may cancel such an Order in whole or in part (as to the affected Products). If a Sale Contract has already been concluded on the basis of such Order, the Company may withdraw from such a contract in whole or in part (as to the affected Products). The Company will refund the amounts received from the Customer for the Products covered by the Order cancelation or by withdrawal from the Sale Contract, however after deducting any damages and costs resulting or which are likely to result from the Customer's breach of the provisions of §2. point 5 of the Regulations.
§5. PAYMENTS 1. The price for the Product is always posted in the Store next to it and includes VAT. Any other taxes that may be charged on the sale of the Products under the law of the Place of Permanent Residence (e.g. customs duties) will be paid by the Customer. All payments for the Products (including advance payments) may be made in the currencies indicated in the Store next to the given Product (in which the price for the Product is expressed). The prices do not include the costs of Delivery, costs of payment services, which also applies to currency conversion costs (when the Customer makes the payment in a currency other than the currency in which the price for the Product was expressed) and other possible costs that the Customer is obliged to incur in connection with the conclusion of the Sale Contract basing on information presented before placing the Order.
2. The purchase price of the Product in force at the time of placing the Order shall apply to the Sale Contract.
3. Seller reserves the right to change the prices of the Products presented in the Store, introduce new Products for sale, carry out and cancel promotional campaigns in the Store or make changes to them.
4. Electronic payments for the Products are made by external payment service providers in accordance with their service regulations. Before making the payment, the Customer should read in detail such regulations of the payment services. Seller is not responsible for the proper performance of the payment services or for any actions or omissions of external providers of these services.
5. Payments for the Products may be made only according to the options made available by the Seller in the process of placing the Order (which also may change basing on the Company’s sole decision).
§6. DELIVERY
1. Seller provides Delivery only to the states/countries indicated in the information presented in the Store, especially during the Order submission process, and only using methods available for such a given state/country.
2. Seller provides in the Store (on each Product card) information on the number of consecutive calendar days needed for the Delivery (counted from the commencement of the Sale Contract in accordance with the Regulations), which are consecutive calendar days.
3. Ordered Products are sent to the Customer via the Supplier to the Place of Delivery. If Customer chose method of Delivery through self-collecting the Products at collecting point provided by the Supplier (e.g. parcel lockers, cooperating stores), the Place of Delivery is the address of collection point chosen in the process of placing the Order. Delivery described in previous sentence is made effectively as the package is placed at collecting point.
4. Customer should examine the package delivered or collected through Delivery in time and in manner proper for such type of packages. If package is damaged, the Customer has the right and should notify the Supplier immediately and require executing a damage protocol unless there is no real possibility to do so.
5. Customer should collect the package from the Seller at the Place of Delivery. If for reasons attributable to the Customer there is a need to re-deliver the package to the Place of Delivery, make the Delivery to a place other than the Place of Delivery or in a different way than indicated in the Order (if such changes are accepted by the Seller), the Customer will reimburse the Seller for the costs resulting from such actions. In the event of further failure to collect the package, the Customer shall cover the costs of returning it to the Seller's premises, however in the amount not significantly exceeding from the costs of failed Delivery.
6. Billing invoices are sent electronically to the e-mail address assigned to the Account.
7. All deliveries of Products under Sale Contracts via Supplier being a courier company are insured against damage incurred during delivery under the conditions accepted solely by the Company.
§7. COMPLAINT PROCEDURE
1. Subject to limitation resulting from point 12 of this paragraph and other provisions of the Regulations, the Company is liable for defects in the Products in accordance with the Applicable Laws.
2. Customer may submit a complaint, in particular when the Product is defective or when the Store's activities are carried out improperly or contrary to the provisions of the Regulations.
3. Complaints may be submitted electronically, i.e. via the contact form on the Store's website/tabs, in the form of an e-mail sent to shop@yopeme.com or in the form of a registered letter sent to the Company's address indicated at the beginning of the Regulations.
4. Complaint should include: name and surname or name of the organization/company, e-mail address at which the Customer appears in the Store, description of the complained matter, transaction or actions together with description of circumstances justifying the complaint, as well as the Customer's specific request related to the complaint. If a complaint regards visible defect of the Product, the Customer should attach to the complaint a photo presenting such a defect.
5. If delivered Product is in fact defective, the Customer has the right to demand its price reduction or to withdraw from the Sale Contract in the scope of such Product, unless the Company immediately and without undue inconvenience to the Customer replaces the defective Product with one free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Company or the Company has not replaced the Product with a Product free from defects or the defect has not been removed.
6. Customer may request the replacement of the Product with the one free from defects or removal of the defect of the Product unless it is impossible to bring the Product into compliance with the Sale Contract in the manner chosen by the Customer or it would require excessive costs compared to the method proposed by the Company. As a rule, it is considered that Product damaged during the Delivery will not be repaired or replaced due to excessive costs of subsequent deliveries - in such a case, the Customer may demand a price reduction for the damaged Product or may withdraw from the Sale Contract in the scope of such Product.
7. If information provided in the complaint is not sufficient for its proper consideration, the Customer will be asked (to e-mail address assigned to the Account or other indicated in the process of placing relevant Order) to supplement the complaint in the indicated scope. Only after due supplementation the compliant is considered as effectively submitted.
8. If, in the Company's opinion, it is required to examine complained Product, in particular due to its quality defects (e.g. improper smell or consistency), the Customer should send the complained Produce back to the Company in the indicated manner after covering by the Company of related costs through the payment to the Customer’s s bank account or using another payment method agreed between the parties.
9. Company should recognize the complaint within 30 days from the date the complaint is effectively submitted (receipt of complete complaint or its proper supplementing in accordance with point 8 above). If examination of the complained Product is required, above term commences as the Company receives such Product. The Customer will receive information on the method of handling the complaint to e-mail address assigned to the Account or other indicated in the process of placing relevant Order.
10. Customer may question Company's decision regarding the submitted complaint using means of communication described in point 3 of this paragraph - in such a case, the Company will reconsider questioned complaint, considering new information, facts or arguments provided by the Customer.
11. If justified complaint results in withdrawal from the Sale Contract or reducing the price of the complained Products, proper amounts will be refunded within 14 days, through the same payment method used to pay for relevant Order, unless the Customer expressly agrees to a different method for such a refund. The Company may refuse to execute refund in a manner chosen by the Customer if it could generate additional costs for the Company (e.g. transfer to a foreign bank account), unless the Customer agrees to bear such costs - in such a case, the Company has the right to deduct these costs from the amount being returned to the Customer.
12. To the extent permitted by the Applicable Laws, the provisions regarding the complaint procedure contained in this paragraph of the Regulations apply only to Customers being Consumers, with the exception of EU Eligible Entrepreneurs to whom these provisions apply however only in the scope of exercising right to withdraw from the Sale Contract in accordance with provisions of §8. of the Regulations.
§8. WITHDRAWAL FROM THE SALE CONTRACT
1. Customer who is an EU Consumer or an EU Eligible Entrepreneur may, within 14 days from the date of Delivery, withdraw from the Sale Contract (in part or as a whole) executed by such Delivery, without giving any reason and without incurring costs. In the event of timely withdrawal from the Sale Contract and timely delivery of the returned Products to the Company, the Company will refund to the Customer the entire payment received for returned Products.
2. Customer, indicated in point 1 above, may withdraw as to the part or all of the ordered Products by sending, within 14 days from the date of delivery of such Products, the "declaration of withdrawal from the contract" contained in Appendix no. 1 to the Regulations in the manner described therein. The return of the Products should take place within 14 days from the date of Customer’s withdrawal. To meet the deadline, it is sufficient to send the Products properly to the Company before its expiry. Specific rules for withdrawing from the Sale Contract are set out in the instruction contained in Appendix no. 1 to the Regulations.
3. The rights described in this §8 apply only to Customers being an EU Consumers or EU Eligible Entrepreneurs unless Applicable Laws provide similar rights to other Customer with regard to certain Sale Contract.
§9. LIABILITY
1. The Company is not responsible for failure to deliver ordered Products for reasons attributable to the Customer - e.g. due to the indication of an incorrect or incomplete address of the Place of Delivery, preventing the Delivery, indication of the Place of Delivery inconsistent with the provisions of the Regulations or due to any other breach of the Regulations’ provisions. In such a situation, the Company will notify the Customer of an unsuccessful Delivery attempt, and if the Customer and the Company fail to reach a settlement as to the failed Delivery and re-delivery of the Products, the Company will be able to sell the Products at the Customer's account or withdraw from the Sale Agreement within 1 month from the ineffective expiry of the deadline set by the Company for reaching said settlement. Company may sell Products at the Customer's account without if the Customer is in delay as to re-collecting the Products in accordance with the settlement, it is not possible to set a date for re-collecting or the Products are exposed to spoilage or a damage would be caused otherwise. Company shall immediately notify and pay out to the Customer amounts received from such sale, less the cost of the failed Delivery attempt and other related costs resulting from the Customer's fault. In case of withdrawal mentioned in this point, the Company will reimburse the price paid by the Customer for the Products to which it regards, less the cost of the failed Delivery attempt and other related costs resulting from the Customer's fault.
2. Company is not responsible for the consequences of improper use of the Products, which in particular includes the effects of usage inconsistent with the method of use given:
- on the packaging,
- a leaflet / instruction attached to the Product, or
- in terms of usage available in the Account or within the Store.
3. Despite the Company's efforts to ensure that the Store operates without any disruptions, temporary unavailability of the Store, its specific functionalities, Delivery options or payment methods may occur. Company is not responsible for consequences of such circumstances caused by hardware or software failures, planned changes or improvements in the Store or the actions or omissions of third parties (e.g. payment services providers).
4. Customers will be informed on technical breaks concerning the Store and their duration, as far as possible, on the main page of the Store.
5. To the extent permitted by the Applicable Laws, Company’s warranty for defects is excluded with regard to sale of the Products to Entrepreneurs, which, however, does not apply to EU Eligible Entrepreneurs.
§10. PERSONAL DATA PROTECTION
1. The information of processing and protection of personal data are regulated in a separate documents available on the Store's website - the Privacy Policy and Cookies Policy.
§11. TERMINATION OF THE AGREEMENT CONCERNING ELECTRONIC SERVICES
1. Both, the Customer and the Seller, may terminate - at any time and without giving reasons - the agreement for Electronic Services concluded by using the Store, subject to preservation rights acquired prior to such termination and provisions below.
2. Customer who has not registered, terminates the agreement for Electronic Services by ceasing to use the Store. Customer who has registered, terminates the Electronic Services agreement by deleting the Account using the tools available in the Account or by delivering to the Company an appropriate declaration of will in any form, in particular via the Company's generally available e-mail address.
3. Company terminates the agreement for Electronic Services by delivering to the Customer an appropriate declaration of will in any form, in particular via the e-mail address assigned to the Account.
§12. FINAL PROVISIONS
1. Within the scope not regulated in the Regulations, provisions of Applicable Laws (mainly provisions of the Polish law) shall apply to conducting Electronic Services, conclusion and performance of Sale Contracts, other legal matters to which the Regulations refer as well as any disputes as to these matters. If provision of the Regulations is inconsistent with the Applicable Laws with regard to certain Sale Contract, such Sale Contract remains in force and defective provision shall be replaced or modified accordingly by the proper provisions of Applicable Laws. Rule from the previous sentence applies accordingly to conducting of Electronic Services.
2. Polish law shall apply to all disputes as to the matters covered by the Regulations unless the Applicable Laws provide for mandatory application of the other law in a specific case.
3. Company reserves the right to amend the Regulations, in particular in the event of changes to the Applicable Laws, changes in payment methods and types of Deliveries. Amendments to the Regulations are introduced with the observance of the rights already acquired by Customers, in particular, they do not affect the concluded Sales Agreements. If amendments concern new matters or are changing already regulated matters for disadvantage of the Customers, the Company shall notify Customers about planned amendments at least 7 days in advance via e-mail addresses assigned to the Accounts or via general notification within the Store - after such transitional period amendments to the Regulation come into force. In case of amendments resulting from changes to the Applicable Laws and amendments other the indicated in previous sentence, they come into force immediately after said notification is done. If the Customer who does not accept the new content of the Regulations is entitled to terminate the agreement for Electronic Services in accordance with the provisions of §11 of the Regulations.
4. Seller informs Customers being EU Consumers on possibility of using extrajudicial means of dealing with complaints and disputes as to matters regulated by the Regulations. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution.
5. None of the provision of the Regulations excludes or limits the rights of Customers under the Applicable Laws not only due to the content of the Regulations, but also by choosing the Polish law as a basic law in accordance with point 1 of this paragraph. If such a provision exists with regard to the certain Customer, he/she/it should notify the Company thereof after what relevant standards resulting from the Applicable Laws replacing or modifying defective provision shall apply as to such this Customer’s matters.
6. Regulations came into force as of 04.10.2021.
Attachment no. 1. to the Yope online store Regulations
NOTICE ON WITHDRAWAL FROM THE SALE CONTRACT AND MODEL STATEMENT OF WITHDRAWAL
Within 14 days from Delivery, Customer who is an EU Consumer or an EU Eligible Entrepreneur (for the purposes of this Attachment, information and guidelines contained herein apply only to such Customers) may withdraw from the Sales Agreement (in whole or in part) without giving any reason.
In order to withdraw from the Sales Agreement, the Customer should send the Company a withdrawal statement using one of the following methods:
1) in writing to the following address: DTW Logistics Sp. z o.o., Kopytów 44E, 05-870 Błonie (Poland), with the annotation YOPE;
2) via the contact form in the Store: https://yopeme.com/contact
Customer can use the model withdrawal statement which is presented below.
Returned Products should be sent back to the following address:
DTW Logistics Sp. z o.o., Kopytów 44E, 05-870 Błonie (Poland), with the annotation YOPE
IMPORTANT INFORMATION RELATING TO THE RIGHT OF WITHDRAWAL:
1. The right to withdraw from the Sale Contract does not apply to contracts:
a) for the provision of services, if the service has been fully performed with the express consent of the Customer;
b) in which the price for the Products depends on fluctuations in the financial market over which we have no control and which may occur before the deadline for withdrawal;
c) subject of which is a non-prefabricated item, manufactured according to the Customer's specification or serving to satisfy individual needs of the Customer;
d) subject of which is an item that deteriorates quickly or has a near expiry date;
e) subject of which 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;
f) subject of which are items that after delivery, due to their nature, are inseparably connected with other items;
g) subject of which are alcoholic beverages, the price of which was agreed upon conclusion of the Sale Contract, which may be delivered only after 30 days and the value of which depends on fluctuations on the market, over which we have no control;
h) subject of which 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 digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Customer, before the deadline for withdrawal;
j) concluded with Entrepreneurs.
2. Due to withdrawal from the Sale Contract the Customer does not bear any costs, except for:
a) additional costs incurred in connection with the choice of the method of delivery of returned Products to the Company other than the cheapest, ordinary delivery method offered by the Company;
b) direct costs of returning the Products (shipping costs);
c) costs of return, if the Products, due to their nature, cannot be returned by regular posting services.
3. When returning Products, please remember to choose a method of returning delivery assuring that Products will reach the Company undamaged.
4. Customer as a Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to assess the nature, characteristics and functioning of the Product. Returned Products should not be opened, dirty or damaged. You can test and check each Product only to the extent you are allowed in a stationary store.
5. Amounts paid for returned Products will be refunded within 14 days from the day of receipt of the withdrawal statement providing that Products are factually returned to the Company. The refund will be made through the same payment method used to pay for relevant Order, unless the Customer expressly agrees to a different method of return, not involving any costs. The Company may refuse to execute refund in a manner chosen by the Customer if it could generate additional costs for the Company (e.g. transfer to a foreign bank account), unless the Customer agrees to bear such costs - in such a case, the Company has the right to deduct these costs from the amount being returned to the Customer.
6. Submission by the Customer of the withdrawal statement after the expiry of the period for withdrawal does not have any legal effects and in such a situation the Company will not be obliged to collect incorrectly returned Products or refund amounts paid for them. Sending back to the Customer of incorrectly returned Products will take place at the Customer's expense.