Online shop Regulations

1.

The following document determines terms, conditions and methods of sales by Paweł Godlewski running a company Paweł Godlewski based in Gdynia through the online store yenoo.pl (hereinafter called: „Online shop”) and defines the terms and conditions for the provision by Paweł Godlewski running a company Paweł Godlewski based in Gdynia free services electronically.

§ 1 Definitions
1. Business days - means days of the week from Monday to Friday excluding public holidays.
2.

Delivery - means the physical act approach to provide the Customer by the Seller, through the Supplier, the Goods specified in the order.

3. Carrier - means the entity which cooperates with the Seller in the assessment and delivery of the Goods:
a) Delivery courier;
b) Polish post office - Poczta Polska S.A. based in Warsaw, Poland.
4. Password - is a string of letters, digits, or other selected by the customer during the Registration in the Online Shop, used to protect access to customer accounts in the Online Shop.
5. Client - is the entity for which compliance with the Regulations and laws can be provided electronically or services which may be concluded contract of sale.
6. Consumer - means any natural person making the entrepreneur legal action related directly to his business or professional activity.
7. Customer Account - means an individual panel for each client, running on his behalf by the seller, after the customer registration and conclusion of an agreement the service carrying customer accounts.
8.

Entrepreneur - means a natural person, legal person or organizational unit who is not a legal entity, which the law recognizes the legal capacity, leading in their own name business or professional activity and making the legal actions directly related to his/her trade or profession.

9. Online shop Regulations- means present document.
10. Registration - means the real act made in the manner described in the regulations, required to use all the functionality of the Online Store by the client.
11. Seller - means Paweł Godlewski running a company Paweł Godlewski based in Gdynia (81-524), ul. Balladyny 19, NIP: 5862094817, REGON: 221090680, entered in the Central Registration and Information on Economic Activity; e-mail: yenoo@yenoo.pl, who is also the owner of the Online store.
12. Website Shop - means websites, run by the seller, operating in the domain yenoo.pl.
13. Goods – mean the products described by the seller on the Web Site Store, which could be the subject of the sale agreement.
14. Hard media - means a material or tool to enable the customer or the seller to store information addressed personally to him/her in an accessible way for future reference, for the time appropriate to the purpose of the information is used, and that can be restored unchanged.
15. The contract of sale – means a contract of sale made at a distance, on the terms specified in the regulations, between the customer and seller.
§ 2 General regulations and the use of the Internet Store
1. All rights to the online shop, including copyrights, intellectual property rights to its name, the Internet domain, Website Store, as well as patterns, forms, logos appearing on the Website Shop (except for logos and images presented on the website Store for presentation purposes of the goods to which the copyrights belong to third parties) belong to the seller, and using them is possible only in a specified way and in accordance with the rules and expressed approval of the seller in writing.
2. The seller will endeavor to provide the online shop service possible for Internet users meet the minimal requirements which are: Internet browser Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or later versions, with Javascript enabled, accepting "cookies" and Internet access with speeds of at least 256 kbit / s. The Store Website is optimized for a minimum screen resolution of 1024x768 pixels.
3.

The seller uses the "cookies" that, when you use the Website Customers Shop, are stored by seller’s server on the hard drive of the end user device. The purpose of using "cookies" is to provide the correct functioning of the Website Shop on a customer ‘s end user device. This mechanism does not destroy the client’s end user device, and does not change the configuration of the these devices or any software installed on them. Every customer is allowed to disable the "cookies" on his/her web browser device. The seller indicates that the disabling of "cookies" may, however, cause difficulties or problems to access the Website Shop.

4. To place an order in the Online Shop via the Website Store or via email and to use the services available on the Internet Sites Store, the customer must have an active email account.
5. It is prohibited to the customer to supply illegal content and use Website Shop Site or free services provided by the seller, in a manner contrary to the law, morality, violation of personal rights of third parties.
6. The Seller declares that the public function of the Internet and the use of services provided by electronic means may be associated with the risk of acquiring and modifying customer’s data by unauthorized persons, so customers should apply appropriate technical means to minimize the risks mentioned above. In particular, they should use anti-virus software to protect personal identity in the Internet. The seller never asks the client for an access to any form of passwords.
7. It is prohibited to use resources and functions of the Website shop in order to run by the Customer activities, which violate the Sellers business.
§ 3 Registration
1. In order to create a customer account, the customer shall be obliged to make a free registration.
2. Registration is not required to place an order in the Online Shop.
3. In order to register, the client must complete the registration form provided by the seller on the Website Store and send the electronically completed registration form to the seller by choosing appropriate function in the registration form. During the registration the client establishes an individual password.
4. During the registration, the customer has the opportunity to become familiar with the regulations, accepting its contents by marking the appropriate box on the form.
5. During the registration the customer can voluntarily agree to processing of personal data for marketing purposes by checking the appropriate box the registration form. In this case Sellers clearly informs about the purpose of collecting customer personal data, as well as the well-known vendor or anticipated recipients of these data.
6. Customer's consent to the processing of personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of electronic services of keeping Customer Account. The consent may be revoked at any time by submitting a relevant statement to Seller The declaration may be, for example, sent to the address the Sellers e-mail.
7. After sending a completed registration form, the customer is given a confirmation of a registry from the seller via email address provided earlier in the form . From the moment the contract is concluded for the electronically providing services of customer accounts and the customer is allowed to access to customer account and make changes to the data provided during registration, except for the login.
§ 4 Orders
1. The information on the Website is not a seller’s offer , within the meaning of the Civil Code, it is only an invitation for the clients to conclude the sale.
2. The customer can place orders in the Online Shop via the Website Shop 7 days a week, 24 hours a day.
3.

Placing an order via the Website Store, the customer completes the order by selecting goods, which is interested. Adding goods to the order is done by selecting the "ADD TO CART" under the product presented on the Website Store. When completed the whole order in the “CART” and choosing delivery and payment method, customer places an order by sending the order form to the seller, after selecting the Website Store button "Order and Payment". Before each order , the client is informed of the total price for the chosen products and delivery service, as well as all additional costs that are required to pay in connection with the contract of sale.

4. The customer placing an order via e-mail, should send it to the e-mail address provided by the Seller on the Website Store. In the email the customer writes the name of the goods, colour and quantity of the goods presented on the Web Site Store, and customers contact details.
5. After receiving the e-mail from the customer referred to in §4 point 4, the Seller sends to the Customer reply message with all the registration and company data, the price of choosen goods and the possible forms of payment and the method of delivery with cost, as well as information about all the additional payments that customer would have to pay for the Sales Agreement. The message to the customer also describes, that the conclusion of sales agreement via email entails the obligation to pay for the ordered Goods. On the basis of information given by the Seller, The customer can place an order, by sending an e-mail to Seller indicate the selected payment method and the method of delivery.
6. Placing an order by the Client means making an offer of contract of sale to the seller of the goods involved in the contract.
7. After placing an order, the seller will send the confirmation to the e-mail address provided by the customer.
8. Then, after confirmation of order, Seller sends the specified by the customer e-mail information about the acceptance of an order. Information about the acceptance of an order by the Seller is a statement of acceptance of the offer, referred in §4 point 6 above and as soon as it is received by the customer is also a conclusion of the sale.
9. After conclusion of the sale, Seller confirms to the Customer terms and conditions, by sending on Hard media to customers e-mail address or in writing to indicated by the Customer during the registration or ordering address.
§ 5 Payments
1. The prices on the Website Store are the gross prices and do not include information about delivery costs and any other costs that the customer will be required to pay in connection with the contract of sale, of which the client will be informed when choosing a method of delivery and payment.
2. The customer can choose the following methods of payment:
a) bank transfer to the seller's bank account (in this case, the realization of the contract will be initiated after sending the order confirmation to the customer by the seller. The dispatch will be made after receiving the money on the seller's bank account);
b) credit card od wire transfer through external payment system by PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luksemburg (in this case, the realization of the contract will be initiated after sending the confirmation of the contract to the customer by the seller and after PayPal information about customer’s payment);
c) wire transfer through external payment system DotPay, operatedy by DotPay S.A. based in Krakow (in this case, the realization of the contract will be initiated after sending the confirmation of the contract to the customer by the seller and after DotPay information about customer’s payment);
3. The customer is obliged to make payment within 7 working days for the order at the value resulting from the signed Agreement.
4. In case of default of payment by the client in the time specified in §5. The seller determines the customer additional time for payment and informs the customer via e-mail or in writing. Information on the additional period for payment also indicate that after the expiry of that period, the seller withdraws from the sales agreement. In the case of ineffective expiry of the second deadline for payment, the seller will send to the customer via e-mail or written statement of withdrawal from the contract based on Art. 491 of the Civil Code.
§ 6 Delivery
1. The seller is obliged to deliver the product which is the subject of the sales agreement free from defects.
2. The Seller publishes on the Website Store information about the number of working days required for delivery and completion of the contract.
3. The term of the delivery and completion the contract indicated on the Website Shop is calculated in Working Days according to §5 point 2 of the Regulations.
4. The ordered goods are delivered to the customer via the carrier at the address indicated in the order form.
5. On the day of the dispatch of goods to the customer Sellers sends to the Customer's e-mail address confirmation of Consignment.
6. The customer should examine the parcel delivered, in time and in a manner acceptable to the delivery of that type, in the presence of a delivery service employee. In case of defect or damage to the parcel, the customer has the right to demand the suitable written report from the delivery service worker.
7. The seller, attaches the cash register receipt or VAT invoice (if preferred) to every item that is the subject of a delivery .
§ 7 Warranty
1. The seller ensure the delivery of goods, free of physical and legal defects. The seller is responsible if the product has a physical or legal defect (warranty).
2. If a product has a defect the customer may:
a) make a declaration to reduce prices or to terminate the contract of sale, unless the seller immediately and without any inconvenience for the customer, replaces the defective product for free from defects or removes the defect.
This limitation does not apply if the product has already been replaced or repaired by the vendor or the vendor did not satisfy the obligation to exchange the goods for free from defects or remove defects. The customer has the right to exchange the product or demand a defect removal if it is possible and would not require excessive costs in comparison with the method proposed by the seller. When evaluating these costs, the value of the goods free from defects is taken into account, the kind and importance of the defects, and customer’s inconvenience.
b) demand the exchange of the defective products for free of defects or defect removal. The seller is obliged to replace the defective product for free of defects or remove the defect within a reasonable time without excessive inconvenience to the customer.

The seller may refuse customer’s demand, if the chosen way of defect removal is impossible or in comparison with other possible way ,the demand would require excessive costs. Costs of the repairing or replacing is borne by the Seller.

3. The customer, who exercises the right to warranty, is obliged to deliver the defective product at the seller's address. In case the customer is consumer cost of delivery is borne by the Seller.
4. The seller is responsible under the warranty if physical defect is found before the expiry of two years from the date of delivery the goods to the customer. The claim for the defects removal or the exchange of the products to be free from defects expires after a year, but the term cannot be completed before the deadline specified in the first sentence. At that time, the customer may terminate the contract of sale, or make a statement about the price reduction because of defects. If the customer demanded the replacement of the goods or defect removal, the deadline to terminate the contract of sale agreement or making a statement about reducing the price begins at the moment of ineffective deadline to replace the goods or defect removal.
5. Any complaints related to the implementation of the Goods and Sales Agreement, the Customer may be made in writing to the address of the Seller.
6. The seller considers the customer’s complaints within 14 days, beginning with the date of receiving it, and gives the answer in writing.
7. The customer can submit a complaint to the Sellers in relation with the free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address yenoo@yenoo.pl. In the claim notification Customer should include a description of the problem. Seller shall promptly, but no later than within 14 days consider complaints and grant a response.
8. Seller does not use extra-judicial settlement of disputes referred to in the Act of 23 September 2016., On extrajudicial resolving consumer disputes.
§ 8 Guarantee
1. The goods sold by the seller may be guaranteed by the producer or distributor of the goods.
2. In the case of goods under warranty, the information concerning the content of the guarantee is always presented on the Website Store.
§ 9 Termination of the contract of sale
1. The client as a consumer who has entered into sale agreement may withdraw from the contract of sale within 14 days without giving any reason.
2. The deadline to withdraw from the contract of sale starts at the moment of taking possession of the goods by the customer.

The consumer can terminate the contract of sale, by making a statement of withdrawal for the sellers. A statement can be placed in writing on the Sellers address, or through the Sellers e-mail. A statement of withdrawal can be placed through the form which has been posted by the Seller on the Website Shop at: Formularz odstąpienia. To meet the deadline is enough to send a statement before its expiry.

3. In case of withdrawal the contract of sale, it is considered null and void.
4. If the customer makes a statement to terminate the contract of sale before the seller accept the offer, the offer ceases to be binding.
5.

The seller is obliged to return the payments made by the customer, including the cost of Delivery of Goods to the Consumer, not later than 14 days from the date of receiving the withdrawal declaration. The seller may withhold the refund of payments until receiving the products back or getting from the client proof of the shipping the Goods, depending on which event occurs first.

6. If the consumer uses his right of withdrawal has chosen the way of delivery of the Goods other than the cheapest usual supply offered by the Seller, the Seller is not obliged to return the consumer incurred by him additional costs.
7. The consumer is required to return Goods to the Seller immediately, but no later than within 14 days from the date on which withdrew from the Sales Agreement. To meet the deadline just return the Goods to the Seller's address before the expiry of that period.
8. In the case of cancellation customer who is a consumer shall only bear the direct cost of returning the Goods.
9. If, due to its nature of goods can not normally be returned by post, the Seller informs the consumer about the cost of returning things on the Web Site Store.
10. The customer is responsible for the reduction in the value of the goods as a result of using it in a way that goes beyond a necessary to establish the characteristics and functioning of the goods.
11. The seller makes a refund of the payment using the same method used by the customer, except the Consumet clearly agreed to a different way of return, which is not binding for him any costs.
§ 10 Free services
1. The Seller provides free of charge electronic services:
a) Contact Form;
b) Newsletter;
c) Operation of customer accounts;
2. Services specified in § 10 point 1 above are provided seven days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time, and method of providing access to mentioned services, about which the clients will be informed in a manner appropriate to change the Regulations.
4. The “Contact Form” service , means sending the message to the seller by using the form on the Website Shop.
5. The cancellation of the free service “ Contact Form” is possible at any time and consists of discontinuation of querying the seller.
6. With our newsletter service can benefit every customer who enters your e-mail address, using the registration form provided by the Seller on the Website Store.After a completed registration form, the customer receives immediately, electronically to the email address provided on the registration form confirmation by the Seller. From the moment the contract is concluded for the provision of electronic services Newsletter.
The customer can additionally during the Registration tick the relevant box on the registration form to subscribe to our newsletter service.
7. Service Newsletter consists of sending by the Seller, to the email address, electronic message containing information about new products or services offered by the Seller. Newsletter is sent by the Seller to all customers who have subscribed to.
8. Each newsletter directed to customer data includes, in particular, information about the sender, filled with the "theme", specifying the content of the consignment and information on the possibilities and how to opt out of the service free of Newsletter.
9. The customer can always opt out of receiving the newsletter by writing your subscription via the link stated in each e-mail sent to the service newsletter or through the activation of the corresponding field in the Customer's Account.
10. Customer Account Service is available after registration according to the terms described in the regulations and is to provide the customer with a dedicated panel as part of the Web Site Store, which allows the customer to modify data provided during registration, as well as monitor the status of orders, and the history of orders already completed.
11. The customer who has made registration may request to make a deletion of the Customer Account, and it can be removed within 14 days from the day of the request.
12. The seller is entitled to block the free services access in the case of acting against the customer’s or seller’s property and good, against the law or regulations, as well as for safety reasons - in particular, breaking down the Client security or other hacking activities. The service will be blocked as long as needed for customer’s safety. The seller shall notify the client about safety system problems by e-mail to the address provided by the customer in the registration form.
§ 11 Personal data protection
1. The rules for the protection of Personal Data are set out in the Privacy Policy.
§ 12 Termination (not applicable to the contract of sale)
1. Either the customer and the seller may terminate the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the agreement and the provisions below.
2. The customer, who has registration, terminates the contract for electronic services by sending the seller an appropriate declaration of will, by any means of communication at a distance.
3. The seller terminates the contract for electronic services by sending the appropriate declaration of will to the email address provided by the customer during registration.
§ 13 Final resolution
1. The seller is responsible for failure to execute or improper realization of the contract, but in case of contracts with customers who are entrepreneurs, the seller is responsible only for an intentional causing harm and within the limits the losses actually incurred by the client, being entrepreneur.
2. The contents of these regulations may be printed, copied or downloaded at any time from the Shop Website.
3. In case of a dispute under concluded sales contracts, the parties will seek to resolve the matter amicably. The law applicable to any dispute arising under these regulations is the Polish law.
4. Seller informs the Client who is a consumer about the possibility of using extrajudicial means of dealing with complaints and redress. Rules for access to these procedures are available on the premises or on the websites of entities authorized to resolve disputes extrajudicial.These can be particularly advocates of consumer rights or the Regional Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
Seller indicates that athttp://ec.europa.eu/consumers/odr/ platform is available online dispute resolution between consumers and entrepreneurs at EU level (ODR platform).
5. The seller reserves the right to change these regulations. All orders accepted by the seller before the date of the new regulations are based on the rules of procedure, which was in force at the date of the order sent by the customer. The change of the regulations enters into force within 7 days of the publication on the Website Store. The seller will notify the client 7 days before the entry of the new regulations into force by means of electronic message containing a link to the text of the changed regulations. In case the customer does not accept the new regulations, he/she is obliged to notify the seller of that fact with the result of termination of the contract in accordance with the provisions of §12.
6. Regulations come into force on 03.02.2017.
Product added to compare.