RULES OF THE YOGAFLOWSTORE STORE
§1. General provisions
1. The Seller provides Services in accordance with the Regulations and the provisions of generally applicable law.
2. Services are provided via the Store's website 24 hours a day, 7 days a week.
3. The Seller shall make these Regulations available on the Store's website and may make it available in the Customer Account or attach it to the e-mail containing statements regarding acceptance of the Customer's offers. Customers can at any time: access the Regulations, save, acquire and reproduce by printing or saving on a data carrier.
4. The information provided on the Store's website does not constitute the Seller's offer within the meaning of art. 66 of the Civil Code, and only inviting customers to submit offers to conclude a contract, in accordance with art. 71 of the Civil Code.
6. Using the Store may involve the customer incurring costs of fees for access to the Internet and data transmission, to the extent established by the contract with the telecommunications operator, whose services the Customer uses.
§2. Account registration in the store
1. The contract for the provision of the Customer Account Service is concluded for an indefinite period of time upon confirmation by the Seller of the registration of the Customer Account.
2. The subject of this Customer Account Maintenance Service is to provide access to the Customer Account panel, enabling, among others customer data and order management.
3. To create a Customer Account, voluntary and free registration must be made. It occurs by completing and sending to the Seller a registration form, which is made available in the Store's website.
4. The condition for the correct completion of the registration form is to complete all mandatory and optional fields, using true, complete and customer-specific data or information.
5. Before sending the registration form, by ticking its appropriate box the Customer should declare that he has read the Regulations and accepts its provisions.
6. Before sending the registration form, by selecting its appropriate form, the Customer may voluntarily declare that he consents to the processing of his personal data for marketing purposes by the Seller.
7. The Seller informs that the marketing purposes indicated above may include in particular the sending of commercial information by the Seller, using the Customer's contact details. The consent referred to in the above item may be withdrawn at any time.
8. The registration form is sent to the Seller using the Store's functionality and through it.
9. Using the Customer Account is possible after creating it and then logging in using the correct login and password.
10. Termination of the contract for the provision of the Customer Account service may be made without giving a reason and at any time, using its functionality or by sending a customer statement in this regard to the Seller, e.g. by e-mail or letter.
§3. Contact form
1. The seller provides customers with a contact form.
2. To use the functionality of the contact form, complete its mandatory fields, enter the desired content, and then send a message to the Seller.
3. The Seller shall respond immediately, using the Store functionality, by phone or electronically, by sending an e-mail.
§4. Orders placed through the Store
1. Orders for Goods can be placed via the Store's website 7 days a week and 24 hours a day, using the Basket function. After completing the list of Goods orders, the Customer proceeds to the order in the Basket area.
2. If the Customer is a logged in Customer Account holder, he goes to the next stage of placing the order as a Logged Customer.
3. If the Customer is not a logged in Customer Account holder, he chooses the method of placing the order:
1. using the Customer Account to be registered. Then the Customer registers the Customer Account and uses it to go to the next stage of placing the order.
2. without using the Customer Account. Then the customer goes to the next stage of placing the order.
3. using the Customer Account. Then the customer goes to the next stage of placing the order.
4. After selecting the ordering method, the Customer enters or selects:
1. billing information,
2. delivery information, including the method and address of Delivery,
3. the payment method.
5. Placing an order precedes the receipt by the Customer by displaying in the Basket area information about the total price for the order, including taxes and related costs, in particular the costs of Delivery and payment.
6. Placing an order can be done by using the appropriate button in the Basket and is tantamount to submitting to the Seller by the Customer an offer to conclude a Contract for the Sale of Goods included in the order.
7. Before sending the order form, by checking the appropriate check box, the Customer should declare that he has read the Regulations and accepts its provisions.
8. The order placed may be changed by the Customer until the Seller receives information about the dispatch of the Goods.
9. Changing the order may include its cancellation, partial cancellation, extension to additional Goods, change of Delivery address.
10. The Seller shall immediately inform the Customer about the impossibility of accepting the order in the event of circumstances causing it. This information is provided by phone or email. The information may constitute the rejection of the offer in its entirety or contain the following suggestions for modifying the order:
1. rejection of the offer in the impossible part, which results in the conversion of the contract value,
2. dividing the Goods subject to Delivery into a part whose Delivery is possible and a part which will be Delivered at a later date, which will not result in the conversion of the value of the order.
11. Acceptance of the Customer's offer by the Seller, subject to the change referred to in the above item, is deemed to be a new offer, requiring acceptance by the Customer in order to conclude a Sales contract.
12. Confirmation of the order acceptance by the Seller is made by sending an e-mail immediately. This message contains the terms of the concluded Sales Agreement agreed by the parties, as well as the data entered by the Customer in the order form in order to detect errors occurring in them. If such an error is detected, the Customer may notify the Seller of this fact by sending an e-mail with the correct data.
13. Confirmation of order acceptance is tantamount to acceptance by the Seller of the offer to conclude a Sales contract submitted by the Customer.
1. The Seller provides the Customers with the Service of Selling Goods at a distance.
2. The subject of the Sales Agreement includes the obligation of the Seller to transfer the ownership of the Goods to the Customer and to deliver them, and the Customer's obligation to collect the Goods and pay the Seller the price of the Goods.
3. The Seller reserves the right to conduct promotional campaigns, consisting in particular in reducing the price of the Goods or Services to a specified date or while the stock of Products subject to promotion is exhausted.
4. By concluding a Sales contract, the Seller undertakes to Provide the Customer with Goods without defects.
5. The conclusion of the Sales contract takes place upon confirmation of the acceptance of the Customer's order by the Seller.
6. Goods are released within the time specified in the description of the Goods.
7. The time of delivery of the Goods may change if the Customer changes the order.
8. The Goods are released:
1. if the Customer chooses the Delivery option through the Carrier, on Business Days to the address provided by the Customer,
2. if the Customer chooses the option of Delivering to a Parcel Locker via the Carrier, on Business Days to the Parcel Locker selected by the Client.
9. Detailed information on the available Delivery methods, Carriers and related costs are published on the Store's website and the Customer is informed about them during the ordering process.
10. The Goods shall be released not earlier than after the Customer has paid.
11. Confirmation of the release of Goods to the Carrier for Delivery may be made by sending an e-mail to the Customer's e-mail address.
12. The risk of accidental loss or damage of goods passes to the Consumer upon its delivery to the Consumer.
13. If the Customer chooses the option of Delivery via a Carrier, it is recommended that the delivered shipment be examined by the Customer in the presence of the Carrier.
14. In the event of damage to the parcel, the Customer has the right to request the Carrier to draw up a proper report.
§ 6. Payments
1. The value of the payment for the Sale is determined on the basis of the price list of the Goods on the Seller's website at the time of ordering the Good.
2. The prices provided on the Store's website next to a given Good are gross prices given in Polish zlotys and include VAT, while they do not include the costs of Delivery of the Good and the chosen form of payment.
3. The costs of the transaction and Delivery of the Goods shall be borne by the Customer.
4. The total price of the order, visible in the Basket before placing the order and after choosing the method of Delivery of Goods and payment, includes the price for the ordered Goods together with taxes and all related costs, in particular the costs of Delivery and transaction.
5. The total price of the order is binding for the Seller and the Customer.
6. The Seller allows the following payment methods for the Sale Services provided: 1. using the external payment system Stripe Inc., operated by Stripe Payments Europe, Ltd., based in Ireland at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, 2. using an external PayPal payment system, operated by PayPal S.à r.l. et Cie, S.C.A. based in Luxembourg.
7. The due date of payment is the moment the Goods are released.
8. The customer is obliged to make the payment when placing the order.
9. The Seller shall return the payment immediately, not later than within 14 days from the date of the cause, in the case of:
1. withdrawal from the contract by the consumer,
2. the Customer's resignation from the order or part of the order paid for before implementation, 3. the Seller recognizing the claim covered by the complaint in whole or in part, based on generally applicable provisions.
10. The payment is refunded using the same payment method that was used by the Customer in the original transaction, unless he agrees to another solution which does not involve any costs for him.
11. The Seller is not obliged to refund the additional costs of Delivery of Goods incurred by the Customer, if the Customer has chosen a method of Delivery of Goods other than the cheapest usual method of Delivery offered by the Seller.
§ 7. Complaints
1. Complaints may be submitted under the warranty.
2. Complaints may be submitted by letter or e-mail to the Seller's postal or electronic address. They can be submitted using the form, which is an attachment to the Regulations, but it is not mandatory.
3. In the content of the complaint, it is recommended to include:
1.Consumer contact details that will be used to answer the complaint and to correspond with it, 2.consumer's bank account number, which will be used to refund cash in the event of such circumstances,
3. description of the problem and consumer identification data.
4. If the complaint under the warranty concerns the Good, in order to consider the complaint by the Seller, the Consumer is obliged to deliver or send the complained Good to the address of the Seller, at his expense.
5. The seller recognizes complaints within 14 days from the date of notification.
6. The Seller shall inform the Consumer about the method of resolving the complaint received by e-mail or ordinary mail, depending on the Consumer's will or the method of filing the complaint.
7. In the event that the warranty claim relates to the Good, which after consideration of the complaint is sent to the Consumer, the Seller will deliver or send the Good to the address of the Consumer.
8. Refunds in connection with the complaint will be made using the method of transfer to a bank account or postal order, in accordance with the will of the consumer.
9. The application of the warranty right is excluded in relation to Customers who are not Consumers.
§8. Out-of-court complaint consideration and redress
1. The consumer has the option of using the following extrajudicial means of dealing with complaints and redress: 1. submission of an application for settlement of a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court operating at the Trade Inspection, whose address due to jurisdiction can be determined via the website of the Office of Competition and Consumer Protection at the URL https: // www. uokik.gov.pl/wazne_adresy.php#faq596,
2. submission of a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller to the voivodeship inspector of Trade Inspection, whose address due to jurisdiction can be determined via the website of the Office of Competition and Consumer Protection, maintained at URL https: // www.uokik.gov.pl/wazne_adresy.php#faq595,
3. recourse to the assistance of a poviat or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
4. making a complaint via the EU ODR online platform, available at URL http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online system of settling consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC. 2. Detailed information on the procedure of out-of-court complaint consideration and redress procedures as well as the rules of access to these procedures are available at the registered offices and on the websites of the entities listed in point 1. 3. The list of entities and institutions that carry out tasks related to the out-of-court resolution of consumer disputes, and detailed information in this regard, can be found on the website of the Office of Competition and Consumer Protection, available at URL https://www.uokik.gov.pl.
§ 9. Withdrawal from the contract
1. The consumer may withdraw from the contract within 14 days without giving a reason, including the Sales contract, subject to the standards set out in the notice of withdrawal from the contract, which is an attachment to the Regulations.
2. The consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal from the contract. The declaration may be submitted on the form, an example of which is attached to the Regulations.
3. Immediately, but no later than within 14 days from the day on which the Consumer withdrew from the contract, he is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller. To meet the deadline, it is sufficient to return the Goods before its expiry. This provision shall not apply if the Seller has offered to pick up the Good.
4. The consumer is liable for a decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
5. In the event of withdrawal from the contract, it is considered void. If the Consumer submitted a statement of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
§10. Processing of data and cookies
§11. License Terms
1. The Seller grants a free license to Customers using the Store for their own personal use and to enable the use of the Store, subject to these conditions.
2. Store name, Store graphic design, Store structure, Store, source code or compiled Store, websites used to operate the Store and all documents developed by the Seller in connection with the availability of the Store, including related works, including Regulations and other documents or messages sent in connection with the provision of services constitute works within the meaning of copyright law. The Seller does not transfer to the Customer the property copyrights to the Store or any of its works being part of it, nor the rights to grant permits to dispose of the copyrights to these works or the Store and use them, as well as to exercise other dependent rights, not reserved in the license terms .
3. The right to use the Store and related works applies in the following fields of use: saving and restoring in the memory of a telecommunications device at a place and time of its choice, and access and display via a telecommunications device at a place and time of its choice.
4. The Customer may not: rent, lease or resell works or any part thereof, as well as create derivative works based on them, perform changes to songs, delete information about ownership rights or copyrights that may appear in the area of works, use works in purposes that violate applicable general law or ethical and moral standards.
5. The license is unlimited in time, territorially unlimited and non-exclusive, and applies to the entire Store and related works. The Seller retains the exclusive rights to decide on maintaining the integrity of the Store.
6. By publishing any content in the Store, in particular: comments or opinions, the Customer grants the Seller a free, unlimited in time, territorially unlimited and non-exclusive license for their use in the following fields of use: publication in the area of the Store's website, saving and restoring in memory of a telecommunications device at a place and time of its choice, access and display via a telecommunications device at a place and time of its choice, retaining the right to grant the sub-license referred to in the points above, to enable Customers to use the Store.
7. The Customer acknowledges that it is prohibited to deliver to the Store or through it, the content:
2. who may be misleading to other clients,
3. infringing the personal rights of Customers, Seller or third parties,
4. generally recognized as offensive, vulgar or violating good morals, in particular: pornographic content, content promoting the use of drugs or excessive alcohol consumption, content inciting racism, xenophobia or hate speech.
8. The Seller is entitled to remove or moderate content that violates the provisions of the Regulations.
§12. Applicability and amendment of the regulations
1. The Regulations enter into force within 3 days from the date of its publication on the Store's website.
2. The Regulations may be amended due to changes in the law regarding the subject of the Services, as well as technical or organizational changes regarding the services provided by the Seller.
3. The Regulations are amended by publishing its new content on the Store's website.
4. The amendment to the Regulations does not apply to Sales contracts concluded before the date of its amendment.
5. Publication of information about the change in the Regulations takes place in the area of the Store's website, within 3 days before the date of its new wording.
6. The Seller sends electronically information about a change in the Regulations in the event of the parties being bound by a contract concluded for an indefinite period.
§13. Final Provisions
1. The meaning of capitalized terms is consistent with the explanations in the part describing the definitions used in the Regulations.
2. The seller is not responsible for:
1. interruptions in the proper functioning of the Store and improper provision of Services, caused by force majeure, in relation to Customers who are not Consumers,
2. interruptions in the proper functioning of the Store and improper performance of Services for Customers who are not Consumers, caused by technical activities or a reason attributable to the entities through which the Seller provides Services,
3. benefits lost by customers who are not consumers.
3. In the absence of amicable settlement of the dispute between the Seller and a Customer who is not a Consumer or a Consumer not residing in the territory of the Republic of Poland in the circumstances of allowing this possibility by the provisions of its domestic law, a court having jurisdiction over the Seller's seat shall be established for its settlement.
4. In relation to Customers who are not Consumers or to Consumers not residing in the territory of the Republic of Poland, if the provisions of their national law allow such a possibility, as the law applicable to the performance of the contract concluded with the Seller and settlement of disputes related thereto, the law of the Republic of Poland shall apply.
5. The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer under the provisions of local applicable law.
6. In relation to contracts concluded with the Seller, in the event of non-compliance of the Regulations with the provisions of generally applicable law in the country of the Consumer, these provisions shall apply.
7. In the event that the provisions of the Regulations prove to be invalid or ineffective, this circumstance shall not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of invalid or ineffective provisions, there will be a norm corresponding to what the parties have agreed or what they would have if they had made such a provision in the Regulations.
§14. Definitions used in the regulations
Business days are weekdays from Monday to Friday, excluding public holidays.
Delivery is the process of delivery of Goods to the Customer to the destination indicated by him, carried out through the Carrier.
The customer is a natural person, provided that he has full legal capacity or limited legal capacity in cases governed by generally applicable law or subject to the consent of the legal representative, as well as a legal person or organizational unit without legal personality on whose behalf the provisions of generally applicable law grant legal capacity, which concludes a contract with the Seller for the provision of the Service.
The Customer Account is a panel enabling the management of customer orders through the Store, subject to registration and login.
A consumer is a customer who is a natural person and concludes a contract for a purpose not related directly to his business or professional activity.
Basket is the functionality of the Store, enabling the Customer to complete orders of Goods.
The parcel machine is an automatic locker or postal terminal used to collect parcels with Goods. The Carrier is an entity that provides Goods Delivery services in cooperation with the Seller.
The Regulations are these contractual terms, the subject of which is the provision of Electronic Services by the Seller to the Customers, via the Store.
A store is a store run by the Seller via a website available on the Internet at the URL: yogaflowstore.com.
The seller is Anna Mysłek, running a business under the company YOGA FLOW ANNA MYSŁEK, based in Bobolice (76-020) at ul. Mieszka I 1B,
registered in the Central Register and Information on Economic Activity kept by the Minister of Development,
under NIP numbers 4990498170 and REGON 385188360,
being the service provider, administrator and owner of the Store. The Seller can be contacted by phone: +48 886640727 (Poland) / + 61 479 152 451 and using the email address: email@example.com.
Sale is a Service for the sale of Goods, provided by the Seller to the Customer, the subject of which is the Seller's obligation to transfer the ownership of the Goods to the Customer and their release, and the Customer's obligation to collect the Goods and pay the seller the price indicated.
Goods are items presented in the Store by the Seller for the purpose of Sale.
The service is a service provided by the Seller to the Customer, based on a contract concluded between the parties through the Store.
The conclusion of the contract takes place as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.
INFORMATION CONCERNING THE USE OF THE RIGHT TO WITHDRAW FROM THE AGREEMENT INSTRUCTIONS ON WITHDRAWAL FROM THE AGREEMENT
As a consumer, you have the right to withdraw from the contract concluded in our store within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day: 1. in which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item - in the case of a sales contract, 2. conclusion of the contract - in the case of service contracts. To meet the deadline to withdraw from the contract, you only need to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
To exercise the right of withdrawal, you must inform us: YOGA FLOW ANNA MYSŁEK, ul. Mieszka I 1B, 76-020 Bobolice, e-mail: firstname.lastname@example.org, about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail).
When withdrawing from the contract, you can use the model withdrawal form, but it is not mandatory.
A sample form is attached to the regulations for the provision of electronic services within the Store.
EFFECTS OF WITHDRAWING FROM THE CONTRACT
In the event of withdrawal from this contract, we will refund you all payments received from you, including the costs of delivery (except for additional costs arising from your chosen delivery method other than the cheapest usual delivery method offered by us), immediately, and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. Reimbursement will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any case you will not incur any fees in connection with this refund. We may withhold reimbursement until we receive the item or until we receive proof of sending it back, whichever occurs first. If you have received items in connection with the contract, please send or return the item to us at the address YOGA FLOW ANNA MYSŁEK, ul. Mieszka I 1B, 76-020 Bobolice, immediately, and in any case not later than 14 days from the day on which you informed us about withdrawal from this contract. The deadline is met if you send back the item before the 14-day deadline. Please be advised that you will have to bear the direct cost of returning the item. The amount of these costs is estimated at a maximum of approximately PLN 20.00. You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the thing.
MODEL WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
Addressee: YOGA FLOW ANNA MYSŁEK,
ul. Sołecka 48/1 ,
75-900 Koszalin Poland
I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) / for the provision of the following service (*):
Date of conclusion of the contract (*) / receipt (*):
Name of consumer (s):
Address of consumer (s):
Signature of the consumer (s):
(only if the form is sent in paper version)
Delete where not applicable.
(this form can be completed and sent if you wish to make a complaint under the warranty) Addressee: YOGA FLOW ANNA MYSŁEK,
ul. Sołecka 48/1 ,
75-900 Koszalin Poland
Customer's name and surname or name:
Customer telephone number:
Customer's email address:
As the contact details that will be used to answer the complaint and conduct correspondence related to it, I indicate:
Postal address: e-mail adress:
The complaint relates to: sales contract of __________ of goods:
contracts for the provision of other services:
Date of finding the reason for the complaint:
Description of the problem:
removing a defect in a good or service
exchange of goods for free from defects
lowering the price of the goods
withdrawal from the contract