Online store Terms of service
- Yellow Meadow online store (e-shop) available at yellowmeadow.pl (“Store”) carries out retail sales over the Internet under these Terms of service. (“Terms”).
- Terms set out the rules and conditions to use the Store, as well as rights and obligations of Seller and Customers.
- Customer is obliged to carefully read these Terms before accessing the Store. By using this site and accessing this Store you agree and accept to abide by these Terms. These Terms are an integral part of Sales contract between the Store and the Customer.
- The Store is operated by Marta Grzywacz established as Studio Marta Grzywacz, registered at the Central Registry and Information on Business Activity (CEIDG) held by the Ministry of Economy with NIP 7571452733 REGON 366244879
- Consumer – a natural person who concludes a contract with Seller through the Store. The matter of the contract is not directly connected to the person's trade or profession.
- Seller – a natural person conducting a business activity as Studio Marta Grzywacz registered at the Central Registry and Information on Business Activity (CEIDG) held by the Ministry of Economy with NIP 7571452733 REGON 366244879.
- Customer – a natural person aged 18 and above able to conclude legally binding agreements or a legal person or other entity able to conclude legally binding agreements.
- Entrepreneur – a natural person, a legal person and an organisational unit not being a legal person, which has been granted a legal capacity by a separate act and who is running a business on their own behalf, who is accessing the Store.
- Store – the online store run by the Seller at the internet address www.yeallowmeadow.pl
- Distance contract – an agreement concluded with the Customer under an organised distance sales scheme (through the Store), without the current presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
- Terms of service – these “Online store Terms of service”.
- Order – a declaration of intent by the Customer made by means of an Order form which leads directly to concluding a Sales contract of a product or products with the Seller.
- Account – Customer's account in the Store; Customer's personal details as well as details of his/her Orders placed in the Store are kept here.
- Registration form – a form available in the Store, making it possible to create an Account.
- Order form – an interactive form available in the Store, making it possible to place an Order, especially by adding Products to the Shopping bag and specifying the conditions for sale including the method of delivery and method of payment.
- Shopping bag – a piece of software in the Store, where you can see Products chosen by the Customer, as well as state and modify details of an Order, especially quantity of items.
- Product – a movable or service available in the Store which is a subject of a Sales contract between the Customer and the Seller.
- Sales contract – Product sales agreement concluded or to be concluded between a Customer and a Seller through the online Store. Depending on the characteristics of the Product service contract and specific-task contract may also be regarded as a Sales contract.
§3 Contacting the Store
- Seller's address is: ul. Gagarina 30a/ 2, 00-754 Warszawa
- Seller's e-mail address is: email@example.com
- Seller's bank account is: PL471140 2004 0000 3702 7662 2222
- The Customer may contact the Seller at the e-mail address given above.
§4 Technical requirements
- In order to use the Store, including browsing through the Products catalogue and ordering Products it is essential that the Customer has an Internet-connected device with any Internet browser installed that supports the code-page UFT-8 (and alternatively style sheets, which will make the online store portal look transparent), cookies enabled and FlashPlayer installed.
- In order to effectively make online purchases in the Store it is essential that Customer has an e-mail address of a mailbox with access to it.
§5 General information
- To the fullest extent permitted by law the Seller is not responsible for any disturbances including interruptions in Store's functioning due to force majeure, unpermitted action of a third party or incompatibility of the Store with Customer's technical infrastructure.
- It is not essential to set up an Account in order to browse through the Store's catalogue of products. It is also possible to place an Order for products on offer in our Store without setting up an Account by providing us with the necessary personal data, which will enable us to process the Order.
- Prices in the Store are given in Euro (EUR) and as such are final.
- The final price to be paid by the Customer is made up of the Product price plus delivery price (including transportation, delivering and postal services). Customer will be informed while placing an Order through the Store on the final price, including the moment of communicating an intent to conclude a Sales contract.
- In case the subject matter of the Contract doesn't allow the final price to be reasonably calculated in advance, the information on how the price will be calculated as well as transportation, delivering and postal services costs or any other costs will be given under the description of the Product in the Store.
§6 Placing an Order
To place an Order: Select the Product you want to buy from the Store and click “Add to Shopping bag”.
- Fill up an Order form with the details of the buyer and the address where the Product is to be delivered, select the method of delivery.
- Click “I order and pay”.
- Select one of the methods of delivery and payment, and subject to § 8 point 3 pay for the Order within the time limit given.
§7 Delivery and payment
- The Customer may select one of the following methods of delivery of the ordered Product:
- Poland - courier shipment
- Poland - parcel service
- EU - courier shipment
- Worldwide shipment (to countries outside of EU)
2. The customer may select one of the following payment methods:
- Payment by bank transfer to the account of the Seller
3. The detailed information on delivery and acceptable payment methods are to be found in the Store website.
§8 Execution of the Sales contract
- The Sales contract between Customer and Seller is concluded after Customer places an Order by means of the Order form through the Store website in accordance with § 6 of these Terms.
- Seller will immediately confirm the reception of an Order after it has been placed thus accepting it for processing. Seller will send a relevant e-mail message to Customer's e-mail address provided at the time of Order placement. The message will contain at least a declaration by Seller on receiving the Order and its acceptance for processing as well as confirmation of concluding the Sales contract. The Sales contract between Customer and Seller is concluded at the moment of reception of this message by the Customer.
- In case Customer selects payment by bank transfer, online payment or card payment, it has to be made within 2 (two) days of the date the Sales contract is concluded – otherwise the Order is to be cancelled.
- The selected Product will be despatched by the Seller within the time specified in the Product's description (subject to point 5 of this paragraph), using the delivery method selected by the Customer while placing the Order.
- In case products with different delivery dates have been ordered, the effective delivery date will be the last one. Customer may request delivering part of the Products or delivering all of the Products after the Order has been complete.
- In case of selecting the bank transfer, online payment or card payment as a payment method by the Customer, starting point for the specified delivery time limit of the Product to the Customer is the day when the amount is credited to the Seller's bank account.
- In case of ordering Products with different dates of readiness for receipt, the last communicated date of readiness for receipt will be effective.
- Products will be delivered to all locations in Poland, European Union and the world.
- For the delivery of Products to the Customer a price is charged unless stated differently under the Sales contract. Delivery costs (including costs of transportation, delivering and postal services) are communicated to the Customer while placing an order, including the moment of communicating an intent to conclude a Sales contract by the Customer.
§9 Right of withdrawal
- Consumer may withdraw from the Sales contract with no reason within 14 days of its conclusion.
- The withdrawal period referred to in § 9.1. will begin at the moment of receipt of the Product by Consumer or any other person indicated by the Consumer other than the carrier.
- In case of a Contract that covers many Products to be delivered separately, by split delivery or in multiple lots or pieces, the withdrawal period referred to in § 9.1. should begin from the day on which Consumer acquires the material possession of the last lot or piece.
- In case of a Contract that encompasses regular delivery of Products during defined time period (subscription), the period referred to in § 9.1. begins with material acquisition of the first of Products.
- Consumer may withdraw from the Contract by submitting a notice on withdrawal to the Seller. The period for withdrawal should be deemed to have been observed once the notice has been sent before the withdrawal period ends.
- The notice may be sent by traditional postal service or via e-mail to the Seller's E-mail address, or by submitting it via the Seller's website – Seller's contact details are given in § 3. Optionally, a form which is annexed to Polish Act of 30 May 2014 on consumer rights may be used to submit a notice on withdrawal.
- In case of sending the notice on withdrawal via e-mail/ website communication, Seller will confirm to the Consumer's e-mail address the receipt of the notice on withdrawal without delay.
- Effects of withdrawal from the contract:
- In case of withdrawing from the Distance contract, Contract is deemed not to have been concluded.
- In case of withdrawal the Seller will refund all payments received from the Consumer, including delivery costs (with the exception of extra costs resulting from Consumer's choice of a delivery method different than the least expensive standard delivery offered by the Seller) without delay, no later than 14 days after the receipt of Consumer's return.
- The refund will be made using the same method of payment that was used by Consumer in the initial transaction, unless Consumer has expressly agreed otherwise and provided that Consumer does not incur any fees as a result of such refund.
- Seller may withhold the refund until the Product has been received back or the evidence of it having been sent back is supplied, whichever is earlier.
- Consumer should send the Product back to the Seller's address given in these Terms without delay, no later than 14 days from the day the Seller has been informed on withdrawal from the Contract. The deadline for returning the Product should be deemed to have been observed once it has been sent back within 14 days.
- Consumer bears the direct costs of returning the Product, as well as returning the Product if, by its nature, it cannot be normally returned by post.
- Consumer shall only be liable for any diminished value of the Product resulting from using it in other way than what is necessary to establish its nature, characteristics and functioning.
9. Consumer has no right of withdrawal as regards the Distant contract:
- where the matter of a contract is a non-prefabricated good, manufactured according to Consumer's specification or serving to satisfy Consumer's personalised needs,
- where the matter of a contract is an item delivered in a sealed packaging, which cannot be returned after the packaging has been opened for health or hygienic reasons, if the packaging has been opened after delivery,
- where the matter of a contract is an item liable to deteriorate or expire rapidly,
- which is a service contract after the service has been fully performed if the performance has begun with the Consumer's prior express consent, and with the acknowledgement that he will lose the right of withdrawal once the service has been fully performed,
- in which price or remuneration depends on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period,
- where the matter of a contract are items which, by their nature, get inseparably mixed with other items after delivery,
- where the matter of a contract are alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the Sales contract, the delivery of which can only take place after 30 days from the time of conclusion of the contract and the actual value of which depends on fluctuations in the market which cannot be controlled by the Seller,
- where the matter of a contract are sound or visual recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery,
- on delivery of newspapers, periodicals or magazines with the exception of a subscription contract,
- on delivery of digital content which is not supplied on a tangible medium, if the supply has begun with the Consumer's prior express consent within the withdrawal period and with the acknowledgement by the Consumer of losing the right to withdraw.
§10 Claims & warranty
- The Sales contract covers new Products.
- In case of the Product bought from the Seller being defective, the Customer has the right to make a claim on the basis of Civil Code provisons relating to warranty.
- A claim should be submitted in writing or via an e-mail to one of Seller's addresses given in these Terms.
- It is recommended to briefly describe the defect of the Product, the circumstances (including date) of its occurance, personal details of the Customer submitting the claim and Customer's request relating to Product's defect.
- Seller will take a position in relation to the Customer's claim without delay, no later than 14 days of receipt of the claim. No reply within 14 days means the claim has been acknowledged.
- The Product returned under the warranty procedure should be delivered to the address given in § 3 of these Terms.
§11 Out-of-court complaint and redress mechanisms
- The detailed information on the possibility of Consumer having recourse to an out-of-court complaint and redress mechanisms as well as rules on access to these procedures are available on websites and at the offices of local (city, district) consumer ombudsment or NGOs whose statutory duties include consumer protection, Provincial Inspectorate of Trade Inspection (WIIH) and Office for Competition and Consumer Protection (UOKiK) http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy... http://www.uokik.gov.pl/wazne_adresy.php.
- There are, among others, the following possibilities of having recourse to an out-of-court complaint and redress mechanisms:
- Consumer has the right to turn to the Permanent Consumer Arbitration Court, referred to in Article 37 of the Polish Act of 15 December 2000 on Trade Inspection (Dz.U. z 2014 r. poz. 148 z późn. zm.) for resolving the dispute relating to the contract concluded with the Seller.
- Consumer has the right to refer to the Provincial Inspector of Trade Inspection in accordance with Art. 36 of the Polish Act of 15 December 2000 on Trade Inspection (Dz.U. z 2014 r. poz. 148 z późn. zm.) requesting mediation aimed at amicable settlement of the dispute between Consumer and Seller.
- Consumer may receive free advice on dispute-settlement proceedings benefiting from free assistance of the local (city, district) consumer ombudsman or an NGO whose statutory duties include consumer protection (ex. Consumers' Federation, Association of Polish Consumers)
§12 Personal details in the online store
- Personal data of Customers collected through the online Store is controlled by the Seller.
- Customers' personal data is collected by the Data Controller through the online Store for the performance of a Sales contract, and with Customer's consent to meet the marketing goals.
- Anticipated recipients of Customers' personal data may include:
- In case of a Customer who selects postal service or courier service as a delivery method in the Store, Data Controller shall disclose Customer's personal data to the selected carrier or agent responsible for deliveries on behalf of the Data Controller.
- In case of a Customer who selects online payment or card payment as a payment method in the Store, Data Controller shall disclose Customer's personal data to the selected operator handling such payments for the Store.
- Customers have the right to access their personal data and correct it.
- Providing personal data is optional, although non-providing the data mentioned in these Terms which are necessary for conclusion of a Sales contract will result in such a contract not being formed.
§13 Final provisions
- All Contracts with the Store are concluded in Polish.
- Seller reserves the sole right to revise and amend these Terms for legitimate reasons like: changes to legislation, changes to methods of payment and methods of delivery – in the extent to which these changes may affect the implementation of provisions of these Terms. Customer will be advised at least 7 days in advance of any amendment.
- To all matters not settled by these Terms the relevant provisions of Polish law shall apply, particularly the Civil Code, the Act on provision of services by electronic means, the Act on consumer rights, The Act on protection of personal data.
- Customer has the possibility of having recourse to an out-of-court complaint and redress mechanisms. In order to do that a complaint can be lodged using the European Commission ODR platform http://ec.europa.eu/consumers/odr/.