TERMS AND CONDITIONS OF THE ONLINE STORE
I. GENERAL PROVISIONS
1. Online Store YEDA Kupcy Bławatni operating at the URL address: http://www.yeda.pl/ is run and is the property of the Company (hereinafter referred to as “YEDA Kupcy Bławatni” or “Store”):
"YEDA KUPCY BŁAWATNI TURLEJSKI I WYCHOWAŁEK" SPÓŁKA JAWNA with registered office in Wrocław, Karmelkowa 34, 52-347 Wroclaw, entered into the Register of Enterpreneurs of the National Court Register under KRS number 0000182493, kept by the District Court for Wrocław Fabryczna, VI Commercial Division of the National Court Register, Statistical Identification Number (REGON): 005962040, Tax Identification Number (NIP): 8940048722
2. Online Store YEDA Kupcy Bławatni enables on-line browsing of the goods available for sale and to enquire by means of electronic communication about the goods offered in the on-line store, and to place orders for purchase of goods from the on-line Store YEDA Kupcy Bławatni.
3. These Terms and Conditions are the terms and conditions within the meaning of article 8 of the Act of 18 July 2002 on provision of electronic services (Journal of Laws of 2002, No 144, item 1204, as amended) and they specify the terms and conditions of placing orders for purchase of goods and of sale of goods by the online Store YEDA Kupcy Bławatni.
4. A Customer may be a natural or legal person or an organisational entity without corporate existence granted a full legal capacity, incorporated or having permanent residence in the Republic of Poland or abroad.
5. Any Customer of the online Store YEDA Kupcy Bławatni is obliged to acquaint themselves with the Terms and Conditions. Failing to do so will not release the Customer from the obligations contained therein. By registering at the http://yeda2.labs.gate-software.pl website, the Customer represents that they acquainted themselves with these Terms and Conditions and accept them in their present form.
7. The Customers can access these Terms and Conditions at any time and free of charge via a hyperlink placed at the home page of the Store http://www.yeda.pl/.
8. The catalogue of products available for purchase at the online Store YEDA Kupcy Bławatni and any information about the characteristics and prices of the products offered therein does not constitute an offer within the meaning of Article 66 of the Civil Code, nor an offer for sale within the meaning of Article 543 of the Civil Code, but only an invitation to treat to the Customer and to enter a contract within the meaning of Article 71 of the Civil Code.
1. In order for a Customer to begin using the online Store http://www.yeda.pl/ and to place purchase orders of the chosen products via the online Store, the Customer has to register with the Store by: providing YEDA Kupcy Błatwatni with their e-mail address, correctly filling in a registration form available at the web page, with full and correct data specified within, and sending the form to YEDA Kupcy Bławatni. The phone numbers and e-mail address provided by the Customer will also be shared with the delivery company that will deliver the shipment, in order to facilitate contact with the Customer in case of any difficulties with the delivery process.
2. The Customer is obliged to correctly fill in all the boxes of the registration form. The Customer is responsible for correctness of all the contact information which is required for delivery of the goods ordered they are providing in the registration form. YEDA Kupcy Bławatni is free of all liability which could arise in consequence of the Customer providing false or wrong information in the registration form.
3. YEDA Kupcy Bławatni reserves the right to withdraw from completing an order should the information provided by the Customer during registration be incomplete, false or wrong..
4. The registration of the Customer will be confirmed by a written response send by the online store at the e-mail address provided by the Customer in the registration form.
5. Making a purchase through the online store http://www.yeda.pl/ requires the following steps to be undertaken:
a) the Customer should log in to their account at the website of the online store, using the e-mail address provided in the registration form and a password;
b) the goods can be ordered by making a choice in a way that is specific for the chosen category of goods, in particular after specifying the amount, size and colour, and any other particular information about the goods ordered, if necessary;
c) the confirmation of the choice of goods made, and the choice of the delivery address and means of payment is made by the Customer by filling in an order form and sending the form to YEDA Kupcy Bławatni.
6. Electronic orders can be made at any time of the day throughout the whole year. Orders made on working days after 16:00, on Saturdays, Sundays and bank holidays will be processed on the following working day.
7. All orders will be confirmed by YEDA Kupcy Bławatni as accepted for fulfilment by an e-mail or a phone call. All relevant parts of the order will be confirmed, in particular the net and gross price, the Customer’s contact information, and the cost and address of the delivery.
8. After a purchase order for the chosen goods available in the store is made by the Customer and is confirmed by YEDA Kupcy Bławatni, the Customer enters a contract for sale of goods specified in the order with YEDA Kupcy Bławatni, under the contractual terms specified in the order form and these Terms and Conditions.
9. YEDA Kupcy Bławatni shall deliver the goods ordered via a courier service. Any additional costs, in particular delivery cost, shall be clearly indicated during the process of placing the order, and in the confirmation of accepting the order for fulfilment. The Customer shall cover the cost of delivery.
10. YEDA Kupcy Bławatni will issue a sales note – proof of purchase (VAT invoice, fiscal receipt) which will be sent together with the order. If the Customer wishes to receive a VAT invoice, they are required to indicate that when placing the order and to provide the contact details of the company, including Tax Identification Number (NIP).
11. If the contact details on the VAT invoice should be different that those provided in the registration form, the Store should be informed about the relevant changes via an e-mail sent at email@example.com.
III. AVAILABILITY OF GOODS
1. All goods sold at the online store are available for sale. In extraordinary situations, e.g. simultaneous orders of the same goods by multiple customers, it may be the case that a particular product will not be available for sale. In such a case, the Customer will be informed that the order cannot be fulfilled and will have to decide how they wish to proceed with the order (partial fulfilment, longer waiting time, cancellation of the order).
2. A limited amount of goods is available for sale in discounted prices and the fulfilment of those orders will proceed on ‘first come - first serve’ basis, until the stocks are exhausted.
3. If the stock of a product is exhausted or the order cannot be fulfilled because the product has a flaw discovered during the preparation of the order, or any other reason, the Customer will be informed by an e-mail or by a phone call about the problems with the fulfilment of the order and possible ways to proceed (such as partial fulfilment, full fulfilment resulting in longer waiting time, cancellation of the order without any negative consequences for the Customer). Should the Customer not agree to any alternative ways to proceed with the fulfilment of the order, the order shall be cancelled and any monies paid be returned to the Customer.
4. YEDA Kupcy Bławatni reserves the right to completely withdraw particular products from sale.
IV. CANCELLATION OF ORDER
1. Any changes to shipment and cancellation of the order are possible within 24 hours from when the order is placed by the Customer. The Store should be contacted by an e-mail at firstname.lastname@example.org.
2. The Customer cannot cancel an order which had been shipped to the Customer already.
1. The Customer may pay for the goods purchased in the online store by means of
a) online payment operated by the payment institution Dotpay S.A.
b) by cash on delivery – which attracts an extra fee of 16 zł;
c) online transfer sent to the bank account of YEDA Kupcy Bławatni number 54 1750 1064 0000 0000 2861 0017 (in the title of the transfer please include: the number of the order, name of the goods purchased, and name and surname of the purchaser).
2. Lack of payment via a bank transfer within 7 days from the day the Customer receives the confirmation of the order being accepted for fulfilment from YEDA Kupcy Bławatni shall be understood as rescinding the contract and cancellation of the order made in the online store by the Customer.
3. The Customer bears the cost of delivery of the purchased goods and the cost is specified by the online store in the “Delivery” section of the website and in the confirmation of the order being accepted for fulfilment.
4. The prices of the goods quoted in the store are in zlotys (PLN) and include the VAT.
5. The prices of the goods available for purchase in the online store quoted during the placement of the order by the Customer are binding for the given transaction of sale. YEDA Kupcy Bławatni reserves the right to: change the prices of the products, withdraw any products, introduce new products, and undertake and terminate and modify promotional campaigns and discount policy valid in the store.
VI. DELIVERY OF ORDER
1. The goods ordered will be shipped to the Customer via a courier service. The order will be delivered at the address specified by the Customer, both in Poland and abroad.
2. Any instance of delivery of goods outside of Poland has to be discussed with YEDA Kupcy Bławatni. The time and cost of delivery in the case of cross-border mail may differ from the standard fees and will be agreed upon individually with the Customer.
3. The packages will be delivered from Monday to Friday within the hours specified by the courier service. If requested by the Customer, the packages may be delivered on Saturdays for an additional fee.
4. The packages will be delivered by the courier service within 2 to 4 working days.
5. The goods purchased will be delivered at the address specified in the order form.
6. Any changes to the means of delivery must be communicated electronically to YEDA Kupcy Bławatni and be accepted by an employee of the Store.
7. YEDA Kupcy Bławatni does not accept any liability for failure of delivery to the Customer and any delays caused by the fact that the Customer provided a wrong or incomplete delivery address.
8. Complaints relating to mechanical damage to the package should be indicated to the delivery person at the point of delivery. Such complaints will be accepted only if a damage report prepared by the delivery person can be presented. Checking the condition of the package at the point of delivery is a necessary prerequisite for any claims relating to damage to the package suffered during shipment made by the Customer.
9. If the delivered package was not visibly damaged, but the contents of it were damaged or the package was not complete, the Customer is obliged to inform YEDA Kupcy Bławatni about that without delay, in order for the Store to enquire further into the situation.
1. YEDA Kupcy Bławatni carries out sale of goods that are brand new, and free of mechanical and legal flaws.
2. In extraordinary cases the Store may sale goods that are flawed – in such cases, any such flaws (e.g. a dirty product) or damage will be indicated in the description of the product. Should the Customer order a product with a specified flaw, no complaints based on the flaw will be accepted.
3. The Customer has the right to file in a complaint relating to the goods purchased in the online store based on an action on the warranty or in a case of nonconformity of the goods with the contract.
4. For the avoidance of doubt, nothing contained within these Terms and Conditions stipulates to limit the statutory rights of the Consumer which are granted to them by any Acts of Law binding on the territory of the Republic of Poland, in particular rights granted by the Act of 30 May 2014 on consumers’ rights (Journal of Laws of 2014, item 827).
5. If the Customer finds any flaws or nonconformity of the goods with the contract, they have the right to exchange or return the goods.
6. In case of any complaints, YEDA Kupcy Bławatni should be contacted by phone, mail, e-mail or personally.
7. The basis for initiation of the complaints procedure is a proof of purchase (VAT invoice, receipt) which the Customer receives together with the goods delivered.
8. If a complaint is deemed justified, the damaged or nonconforming goods will be exchanged for brand new, full-value goods. Should that be impossible (e.g. in case of stock exhaustion), the Store will refund the Customer the full value of the goods or will offer alternative goods available in Store.
1. If the Customer entering into a contract for sale through the online store is a consumer within the meaning of Article 22(1) of the Civil Code, they can terminate the contract without providing any grounds, by informing YEDA Kupcy Bławatni about that in a written or electronic form within 14 days from the day the goods purchased are delivered. In order to comply with the term specified it is enough to send a statement or an e-mail before the expiry of the term specified. The goods shall be returned not later than in 14 days from the date of the delivery of the goods purchased.
2. YEDA Kupcy Bławatni reserves that cases of retail sale of some products offered by the Store, including fabrics, laces or ribbons prepared specifically for the customer’s order, in particular in order to facilitate customer’s individual request, for example by cutting according to requested dimensions or sale in amounts different that a bolt or a length (coupon) of fabric, will be considered as personalised services within the meaning of Article 38, point 3 of the Act of 30 May 2014 on consumer’s rights (Journal of Laws of 2014, item 827). In case of fulfilment of such orders the right to rescind the contract is not available and the goods considered to be a personalised service cannot be returned.
3. The goods returned by the Customer should be packed with due care, in a way that ensures the goods will not be damages in shipping. Whenever possible, the goods should be packed using the original packaging. The goods should be returned to the address of the registered office of YEDA Kupcy Bławatni.
4. The returned goods must be accompanied by the proof of purchase and a bank account number, to which the online Store should return the monies paid for the goods being returned.
5. An equivalent sum to the monies paid by the Customer for the goods being returned will be sent via a bank transfer to the bank account specified by the Customer.
6. In case of rescission of the contract by the Customer, the Customer bears the costs of the return (cost of delivery).
IX. FINAL PROVISIONS
1. In the event any provision of these Terms and Conditions is inadmissible or unenforceable, the other provisions shall remain in full force and effect. The inadmissible proviso shall be replaced with a rule closest in effect to the inadmissible proviso and the Terms and Conditions in its entirety.
2. In any matter not covered by these Terms and Conditions, the law of the Republic of Poland is applicable.
3. Resolution of any disputes arising between YEDA Kupcy Bławatni and a Customer who is a Consumer shall be referred to the competent court in accordance with the provisions of the appropriate specific Acts.
4. Resolution of any disputes arising between YEDA Kupcy Bławatni and a Customer who is not a Consumer shall be referred to the competent court having territorial jurisdiction over YEDA Kupcy Bławatni’s registered office.
5. YEDA Kupcy Bławatni reserves the right to amend these Terms and Conditions .
6. The Terms and Conditions come into force on 12.01.2015.