YOGA FLOW STORE TERMS AND CONDITIONS
PROVIDING SERVICES BY ELECTRONIC MEANS
- General provisions
- The Seller provides the Services in accordance with the Regulations and the provisions of generally applicable law.
- The online store is available at yogaflowstore.com.
- You can contact the Seller:
- by mail: YOGA FLOW ANNA MYSŁEK, ul. Lives I 1B, 76-020 Bobolice,
- by email: firstname.lastname@example.org,
- by phone: +48 570 112 195
- via the contact form,
- The Seller makes these Regulations available on the Store's website and may make them available in the Customer Account or attach them to e-mails containing statements of acceptance of Customers' offers. Customers may at any time: access the Regulations, record them, obtain and reproduce them by printing or saving them on a data carrier.
- The information provided on the Store's website does not constitute an offer of the Seller within the meaning of art. 66 of the Civil Code, and only an invitation to customers to submit offers to conclude a contract, in accordance with art. 71 of the Civil Code.
- Account registration
- The contract for the provision of the Customer Account Service is concluded for an indefinite period at the moment of confirmation of the Customer Account registration by the Seller.
- The subject of this Customer Account Service is to provide the Customer Account panel, enabling, among others, managing customer data and orders.
- To create a Customer Account, you must register voluntarily and free of charge. It takes place by completing and sending the registration form to the Seller, which is available in the area of the Store's website.
- The condition for the correct completion of the registration form is to complete all its mandatory and possibly optional fields, using true, complete and customer-related data or information.
- Before sending the registration form, by ticking its appropriate box, the Customer should declare that he has read the Regulations and accepts its provisions.
- The registration form is sent to the Seller using the functionality of the Store and through it.
- Using the Customer Account is possible after its creation and then logging in using the correct login and password.
- It is forbidden to share access data to the Customer Account with third parties and to set up several Customer Accounts by one Customer.
- Termination by the Customer of the contract for the provision of the Customer Account Service may be made without giving any reason and at any time, using its functionality or by sending the Customer's statement in this regard to the Seller, e.g. by e-mail or letter.
- Termination by the Seller of the contract for the provision of the Customer Account Service may be made without giving any reason and at any time, with a notice period of 14 days, as well as with the preservation of the rights acquired by the Customer before the termination of the contract.
- Contact form
- The Seller provides the Customers with a contact form.
- To use the functionality of the contact form, complete its mandatory fields, enter the desired content, and then send a message to the Seller.
- The Seller will respond immediately, using the functionality of the Store, by phone or electronically, by sending an e-mail.
- Orders placed via the Store
- Orders for Goods can be placed via the Store's website 7 days a week, 24 hours a day, using the Basket function.
- After completing the list of orders for Goods, in the Basket area, the Customer proceeds to the execution of the order.
- To place an order, the Customer should take the next steps in accordance with the messages displayed on the Store's website.
- When placing an order, the Customer is obliged to:
- entering data marked as required. Failure to provide them will prevent the finalization of the order,
- choose the payment method and delivery method.
- Placing an order is preceded by 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 delivery and payment costs.
- Placing an order may take place 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.
- Before sending the order form, by ticking the appropriate check box, the Customer should declare that he has read the Regulations and accepts its provisions.
- Acceptance of the Customer's offer by the Seller, subject to the change referred to in the point above, shall be deemed to be a new offer, requiring acceptance by the Customer in order to conclude the Sales Agreement.
- Confirmation of the acceptance of the order by the Seller takes place by immediately sending an e-mail. This message contains the conditions 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 enable the detection of errors 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.
- Confirmation of acceptance of the order is tantamount to acceptance by the Seller of the offer to conclude a Sales Agreement submitted by the Customer.
- The Seller provides the Customers with the Service of Sale of Goods at a distance.
- The goods available in the Store are each time presented in the current assortment on the Store's website. The specificity of each Good, its composition and characteristics can be found in the description of the Good in the Store.
- The subject of the Sales Agreement includes the Seller's obligation to transfer the ownership of the Goods to the Customer and release them, and the Customer's obligation to collect the Goods and pay the Seller the price of the Goods.
- The Seller reserves the right to conduct promotional campaigns, consisting in particular in reducing the price of Goods or Services until a specific date or when the stock of Goods subject to the promotion is exhausted.
- By concluding the Sales Agreement, the Seller undertakes to deliver Goods without defects to the Customer.
- The conclusion of the Sales Agreement takes place at the moment of confirmation of the acceptance of the Customer's order by the Seller.
- The Sales Agreement is concluded in Polish, with the content in accordance with the Regulations.
- The release of Goods that are physical items takes place:
- if the Customer chooses the delivery option via the Carrier, to the address provided by the Customer,
- if the Customer chooses the option of delivery to a Parcel Locker via the Carrier, to a Parcel Locker selected by the Customer,
- Detailed information about the costs and methods of delivery are published on the Store's website, and the Customer is informed about them during the ordering process.
- The deadline for delivery of the Goods to the Customer is 10 business days, unless a shorter period is specified in the description of the Goods or when placing the order.
- In the option of payment in advance, the date of shipment of the Goods is counted from the moment the payment is credited to the Seller's bank account.
- In each payment option, the release of the Goods takes place no earlier than after the payment has been made by the Customer.
- Confirmation of the release of the Goods to the Carrier for their delivery may be made by sending an e-mail to the Customer's e-mail address.
- The risk of accidental loss or damage to the item passes to the Consumer upon its release to the Consumer.
- If the Customer chooses the delivery option via the Carrier, it is recommended that the delivered parcel be inspected by the Customer in the presence of the Carrier.
- In the event of damage to the shipment, we recommend filing a complaint directly with the Carrier - it is best to write down a shipment status report with the Carrier or contact the Seller. When delivering by Parcel Locker, we recommend showing the damage under the Parcel Locker's monitoring camera; place the damaged, unopened parcel in the same box of the Parcel Locker in which it was located and close this box, in accordance with the messages on the Parcel Locker screen. Then, submit a complaint to the owner of the given parcel locker, according to the messages on the screen of the parcel locker or the Seller.
- The release of Goods that are physical items takes place:
- The value of the payment for the Sale is determined on the basis of the price list of the Goods, available on the Seller's website at the time of ordering the Goods.
- The prices given on the Store's website for a given Good are gross prices in Polish zlotys and include the value of taxes due, but do not include the costs of delivery of the Goods and the selected form of payment.
- The costs of transaction and delivery of the Goods are borne by the Customer.
- The total price of the order, visible in the Basket area before placing the order and after selecting the method of delivery of the Goods and payment, includes the price for the ordered Goods together with taxes and all related costs, in particular delivery and transaction costs.
- The Seller enables the following payment methods for the Sales Services provided:
- by electronic transfer to the Seller's bank account, via an external payment operator,
- by payment card via an external payment operator,
- The seller uses the services of an external payment operator:
- 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,
- using the external PayPal payment system, operated by PayPal S.à r.l. et Cie, S.C.A. based in Luxembourg.
- The customer is obliged to make the payment at the time of placing the order.
- The payment shall be returned by the Seller immediately, not later than within 14 days from the date of occurrence of the reason, in the case of:
- withdrawal from the contract by the Consumer,
- the Seller accepts the claim covered by the complaint in whole or in part, on the basis of generally applicable regulations.
- The payment is returned using the same payment method that was used by the Customer in the original transaction, unless he agrees to a different solution that does not involve any costs for him.
- The Seller is not obliged to reimburse the additional costs of delivery of the Goods incurred by the Customer if the Customer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller.
- Complaint - non-compliance of the provision of services with the contract
- Complaints may be submitted for non-compliance of the Service provided with the contract, in accordance with applicable law, in particular in accordance with the provisions of art. 43b and following of the Act of 30 May 2014 on consumer rights.
- A complaint may be submitted by letter or e-mail to the Seller's postal or electronic address. They can be submitted using the form, the template of which is attached to the Regulations, but it is not mandatory.
- In the content of the complaint, it is recommended to include:
- the Consumer's contact details, which will be used to respond to the complaint and to conduct correspondence related to it,
- the Consumer's bank account number, which will be used to return the funds, in the event of such a circumstance,
- description of the problem and identification data of the Consumer.
- If the complaint concerns the Goods which are things, in order for the Seller to consider the complaint, the Consumer is obliged to deliver or send the complained Goods to the Seller's address, at his expense.
- The seller recognizes complaints within 14 days from the date of notification.
- The Seller will inform the Consumer about the method of settling the received complaint by e-mail or regular mail, depending on the Consumer's will or the method of lodging a complaint.
- In the event that the complaint concerns the Goods, which, after the complaint is considered, must be sent to the Consumer, the Seller will deliver or send the Goods to the Consumer's address at his own expense.
- The return of funds in connection with the complaint will be made using the method of transfer to a bank account or by postal order, in accordance with the will of the Consumer.
- Out-of-court complaint handling and redress
- The consumer has the option of using the following out-of-court methods of dealing with complaints and pursuing claims:
- submitting an application for settlement of a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court operating at the Trade Inspection, the address of which, due to its jurisdiction, can be determined using the website of the Office of Competition and Consumer Protection, maintained at the URL https://www.uokik. gov.pl/wazne_adresy.php#faq596,
- submitting an application for initiation of mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller to the voivodeship inspector of the Trade Inspection, whose address, due to its nature, can be determined via the website of the Office of Competition and Consumer Protection, run at the URL https://www. uokik.gov.pl/wazne_adresy.php#faq595,
- using the assistance of a poviat or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
- submitting a complaint via the EU ODR online platform, available at the 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 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
- Detailed information on the procedure of out-of-court methods of dealing with complaints and redress 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.
- The list of entities and institutions that perform tasks related to 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 the URL https://www.uokik.gov.pl.
- Withdrawal from the contract
- The Customer who is a Consumer or Entrepreneur with consumer rights may withdraw from the contract, including the Sales contract, without giving any reason, within 14 days, subject to the standards indicated in the information on withdrawal from the contract, which is an attachment to the Regulations.
- The customer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Seller. The statement may be submitted on the form, the template of which is attached to the Regulations.
- Immediately, but not later than within 14 days from the date on which the Customer withdrew from the contract, he is obliged to return the Goods to the Seller or hand them over to the person authorized by the Seller. To meet the deadline, it is enough to send back the Goods before its expiry. This provision does not apply if the Seller has offered to collect the Goods himself.
- The Customer is responsible for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- In the event of withdrawal from the contract, it is considered void. If the Customer made a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
- Data and cookie processing
- Information on the conditions for the processing of personal data can be found in the Store's Privacy and Cookies Policy.
- Information on the cookies used can be found in the Store's Privacy and Cookies Policy.
- License terms
- The Seller grants to Customers using the Store a free license for their own personal use and in order to enable the use of the Store, subject to these conditions.
- The name of the Store, the graphic design of the Store, the structure of the Store, the Store, the source or compiled code of the Store, websites used to operate the Store and any documents developed by the Seller in connection with the provision of the Store, including related works, including the Regulations and other documents or messages sent in connection with the provision of services are works within the meaning of copyright law. The Seller does not transfer to the Customer the economic copyrights to the Store or any works constituting its part, nor the right to grant permission to dispose of the economic copyrights to these works or the Store and use them, as well as to exercise other derivative rights, not reserved in the license conditions .
- The right to use the Store and related works applies to the following fields of exploitation: saving and playing in the memory of a telecommunications device at a place and time chosen by you, and access and display via a telecommunications device at a place and time you choose.
- The customer may not: rent, lease or resell the works or any part thereof, as well as create derivative works based on them, make changes to the works, remove any proprietary or copyright notices that may appear in the area of the works, use the works for infringing purposes applicable provisions of common law or ethical and moral standards.
- The license is unlimited in time, unlimited in terms of territory 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.
- By publishing any content in the Store, in particular: comments or opinions, the Customer grants the Seller a free, unlimited in time, territorially and non-exclusive license to use them in the following fields of use: publication in the area of the Store's website, saving and playing in the device's memory telecommunications at a place and time of their choice, access and display via a telecommunications device at a place and time of their choice, while retaining the right to grant sublicenses referred to in the points above, in order to enable customers to use the Store.
- The Customer acknowledges that it is forbidden to deliver to or through the Store content:
- that may mislead other customers,
- infringing the personal rights of Customers, the Seller or third parties,
- commonly recognized as offensive, vulgar or violating good manners, in particular: pornographic content, content promoting the use of drugs or excessive alcohol consumption, content inciting to racism, xenophobia or spreading hatred.
- The Seller is entitled to remove or moderate content that violates the provisions of the Regulations.
- Applicability and change of the regulations
- The Regulations come into force within 3 days from the date of its publication on the Store's website.
- Changes to the Regulations may occur due to changes in the law regarding the subject of the provision of Services, as well as due to technical or organizational changes regarding the services provided by the Seller.
- The Regulations are changed by publishing their new content on the Store's website.
- The amendment to the Regulations does not apply to Sales contracts concluded before the date of its amendment.
- The 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 entry into force of its new wording.
- The Seller sends information by e-mail about the amendment to the Regulations, in the event that the parties are bound by an agreement concluded for an indefinite period.
- Final Provisions
- The meaning of terms written with a capital letter is consistent with the explanations provided in the section describing the definitions used in the Regulations.
- The seller is not responsible for:
- 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,
- interruptions in the proper functioning of the Store and improper performance of Services for Customers who are not Consumers, caused by technical activities or reasons attributable to entities through which the Seller provides Services,
- benefits lost by Customers who are not Consumers.
- If it is not possible to resolve the dispute amicably between the Seller and the Customer who is not a Consumer or a Consumer not residing in the territory of the Republic of Poland, in the circumstances allowing for such a possibility by the provisions of its national law, the competent court for its settlement shall be the court competent for the registered office of the Seller.
- In relation to Customers who are not Consumers or to Consumers not residing in the territory of the Republic of Poland, in the event that the provisions of their national law allow for such a possibility, as the law applicable to the performance of the contract concluded with the Seller and the settlement of disputes related thereto, the law of the Republic of Poland shall apply.
- The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer, resulting from the provisions of local generally applicable law. The consumer cannot waive them.
- In relation to contracts concluded with the Seller, in the event of non-compliance of the Regulations with the provisions of law generally applicable in the Consumer's country, the provisions of law generally applicable in the Consumer's country shall apply.
- In the event that the provisions of the Regulations turn out to be invalid or ineffective, this circumstance does not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of invalid or ineffective provisions, the standard corresponding to what the parties have agreed or what they would have agreed if they had included such a provision in the Regulations shall apply.
- Definitions used in the regulations
Client is a natural person, legal person or organizational unit without legal personality, to whom the provisions of generally applicable law grant legal capacity, which concludes a contract with the Seller for the provision of the Service.
Customer Account is a panel that allows you to manage customer orders via the Store, provided that you register and log in.
Consumer is a Customer who is a natural person and concludes a contract for a purpose not directly related to his business or professional activity.
Basket is the functionality of the Store, enabling the Customer to complete orders for Goods.
Parcel locker is an automatic box or postal terminal used to receive shipments of Goods.
Entrepreneur with consumer rights is a Customer who is an entrepreneur, ordering Goods related to his business activity, but not of a professional nature for him, in accordance with applicable law resulting in particular from the subject of his business activity on the basis of the provisions on the Central Register and Information on Business Activity in accordance with applicable law.
Carrier is an entity that provides Goods Delivery services in cooperation with the Seller.
Statute are these contractual conditions, the subject of which is the provision of electronic services by the Seller to the Customers via the Store.
Store is a store run by the Seller via a website available on the Internet at the URL: yogaflowstore.com.
Seller is Anna Mysłek, running a business under the name YOGA FLOW ANNA MYSŁEK, with its registered office in Bobolice (76-020) at ul. Lives I 1B, registered in the Central Register and Information on Economic Activity kept by the Minister of Development, under the NIP number 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 e-mail 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 indicated price.
Commodity is an item presented in the Shop area by the Seller for the purpose of Sale.
Service is a service provided by the Seller to the Customer, on the basis of an agreement concluded between the parties via the Store. The conclusion of the contract takes place as part of an organized distance contracting system, without the simultaneous physical presence of the parties.
INFORMATION ON EXERCISING THE LAW
WITHDRAWAL FROM THE AGREEMENT
NOTICE OF WITHDRAWAL FROM THE AGREEMENT
The provisions contained in this instruction regarding the right to withdraw from the contract by Consumers apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
You have the right to withdraw from the contract concluded in our Store within 14 days without giving any reason, subject to the cases indicated in the section "exclusion of the right to withdraw from the contract". The deadline to withdraw from the contract expires after 14 days from the day:
- for a contract under which the entrepreneur issues the goods, being obliged to transfer its ownership - from taking possession of the goods by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that:
- includes many goods that are delivered separately, in batches or in parts - from taking possession of the last good, its batch or part,
- consists in regular delivery of goods for a specified period of time - from taking possession of the first of the goods;";
- 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 contract obliging to transfer the ownership of the item (e.g. sales contract, delivery contract or contract for a specific work being a movable thing),
- conclusion of the contract - in the case of contracts for the provision of services.
In order to meet the deadline to withdraw from the contract, it is enough for you 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. Lives I 1B, 76-020 Bobolice, e-mail: firstname.lastname@example.org, about your decision to withdraw from this contract by an unequivocal statement (e.g. 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. The form template is attached to the regulations for the provision of electronic services as part of the Store.
CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivering the goods (except for the additional costs resulting from the type of delivery chosen by you other than the least expensive type of standard delivery offered by us), immediately and in any event 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.
We will refund the payment using the same means of payment 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 return. We may withhold the reimbursement until receipt of the item or until you provide us with proof of its return, whichever occurs first.
If you have received items in connection with the contract, please send back or give us the item to the address YOGA FLOW ANNA MYSŁEK, ul. Lives I 1B, 76-020 Bobolice, immediately, and in any case not later than 14 days from the day on which you informed us about the withdrawal from this contract. The deadline is met if you send back the item before the period of 14 days has expired.
Please note 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 the decrease in the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
TEMPLATE WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
address: YOGA FLOW ANNA MYSŁEK, ul. Lives I 1B, 76-020 Bobolice | email@example.com
I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following items(*)/for the provision of the following service(*):
How to return the payment made:
Date of conclusion of the contract(*)/receipt(*):
First name and last name:
(only if the form is sent on paper)
(*) Delete where not applicable.
(this form can be completed and returned if you wish to submit a complaint due to the hand)
address: YOGA FLOW ANNA MYSŁEK, ul. Lives I 1B, 76-020 Bobolice
Customer's name and surname:
Customer's phone number:
Client e-mail address:
As contact details that will be used to respond to the complaint and conducting correspondence related to it, I indicate:
- Postal address:
- e-mail address:
The complaint concerns:
- sales contract of __________ of the goods:
- contracts for the provision of another service:
Date of finding the reason for the complaint:
Description of the problem:
- free repair
- replacement of the goods with a new one
- reducing the price of the goods by the amount of _____
- withdrawal from the contract
Bank account number for refund:
Statement in the case of acting as an entrepreneur with consumer rights:
I declare that the concluded sales contract was directly related to my business activity, but it does not have a professional nature for me, resulting in particular from the subject of my business activity on the basis of the provisions on the Central Register and Information on Economic Activity. As proof, I am listing below the PKD for my business activity, published in CEIDG:
PKD No. ____________________ Description: ______________________
(only if the form is sent on paper)