Terms of the online store yeabunny.com
§1 GENERAL INFORMATION
1. Prices of goods on offer at the Yeabunny.com online store are expressed in US dollars. The given prices are net amounts, to which VAT due will be added. The prices do not include shipping costs. 2. The Seller reserves the right to change the prices of goods on offer without notice. The price change does not apply to orders accepted for execution. 3. The Seller reserves the ownership of the item sold until the price is fully paid by the Buyer.
1. By placing an order it is necessary to complete the order form on the website and send it to the Seller via the online store Yeabunny.com. Submitting the completed form is binding for the Buyer and is tantamount to submitting an offer to buy the goods, which is then subject to acceptance by the Seller. A correctly submitted order form should contain: a) contact and address details (name, surname, shipping address, e-mail address, tax identification number and company identification data in the case of entrepreneurs); b) at least one product with the price; c) delivery costs for a physical product. If the delivery is free, the value “0 $” is given; d) payment method; 2. Placing an order via the website constitutes a purchase offer within the meaning of art. 66 § 1 of the Civil Code. The offer expires within 5 days of entering it into the system. The purchase offer consists of the following activities: a) choose goods from among those presented on the Store’s website; b) add them to the basket; c) choose the method of payment and delivery; d) log in to the Customer Account if the registered Customer places the order, unless logged in earlier; e) fulfillment of the obligations referred to in §4 para. 2 if the order is placed by an unregistered customer; f) choose the payment method; 3. In response to an order, the Seller shall send within 3 business days an e-mail to the e-mail address provided by the Customer or is contacted by phone to: a) accept the order (offer) – in this case the sales contract is concluded on the day of submitting the declaration; b) refuse to accept the order (offer) – in this case no contract will be concluded; c) propose changes, so-called counter-offer – in this case, the conclusion of the contract requires the Client’s acceptance of the counter offer. The counter offer is binding for the Seller within 2 days. After this time, the counter-offer expires. The Client’s acceptance of the counter-offer within the period of its validity results in the conclusion of a sales contract on the conditions specified in the counter-offer;
4. An order covering physical products will be processed provided that the product is available in the online store’s warehouse. In the event of unavailability of some of the goods covered by the order, in the Seller’s warehouse, the Customer is informed about the status of the order and decides how to implement it (partial implementation or cancellation of the entire order). 2. Implementation of the order begins after the order is accepted and paid by the Buyer. If the goods are not in the warehouse, the Seller shall immediately inform the Buyer. The delivery time is the time from the date of confirmation of the order by the Seller to the day of sending the goods to the Buyer. The Buyer shall be informed about the estimated time of order completion together with the acceptance of the order by the Seller. The availability given for each product is an approximate time of order processing, which may change depending on the current availability of the product at the supplier. 3. In the absence of a given product in the Seller’s warehouse and the need to produce it, the deadline for completing the order is appropriately extended by the time necessary to import the product, of which the Seller will notify the Buyer. 4. A limited number of goods are intended for promotional sales and sales, and orders are processed in the order in which confirmed orders for these goods arrive, until stocks covered by this form of sale run out. 5. Orders placed via the website can be placed 24 hours a day throughout the year. Orders placed on business days after 16:00, on Saturdays, Sundays and public holidays will be processed the next business day. 6. A registered customer has access to information on individual stages of the contract and in the ‘My Account’ / ‘My account’ tab. 7. The Buyer will receive to the e-mail address provided during the order, any information about the change in the status of the contract.
§4 TERMS OF SALE
§5 ACCOUNT REGISTRATION, AGREEMENT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
1. The buyer is entitled to register their account in the Yeabunny.com store. Account registration is voluntary and free. Creating an account is done by using the registration form. To register the account, the buyer must provide the email address, login and password. 2. During the account registration, the Buyer may also provide further details, including shipping address. The address details include at least: first name, last name (in the case of the entrepreneur an additional company), street, street number, apartment number (if any), zip code, city and country. In the case of entrepreneurs, it is also necessary to provide the NIP number. 3. After registration, no activation link is sent. 4. The contract for the provision of electronic services may be terminated by the Buyer at any time. The parties may also terminate it by means of a bilateral agreement. The Seller has the right to terminate the contract with notice in the cases referred to in paragraph 5 or with a 2 month notice period. 5. The Store Owner may terminate the contract for the provision of electronic services if: a) the purpose of registration or the way of using the services is obviously contrary to the principles and purpose of the Store; b) the Buyer’s activity is contrary to applicable moral standards, calls for violence or crime, as well as if it violates the rights of third parties; c) has received official notification of the unlawful nature of the data provided or related activities; d) has obtained reliable information about the unlawful nature of the data provided or related activities and has previously notified the Buyer of its intention to prevent access to the Customer Account; e) The Buyer may send unsolicited commercial information; f) The Buyer in gross or persistent manner violates the provisions of the Regulations; g) the address details provided by the Buyer raise objectively justified doubts as to their correctness or truthfulness, and these doubts could not be removed by telephone or e-mail, e.g. the Buyer has provided a non-existent town, street, etc.; h) The Buyer has not shown any activity, including logging in, to the account in the last 2 years; 6. A declaration of termination of the contract for the provision of electronic services by the Store Owner will be sent to the e-mail address provided in the Customer Account. Termination of the contract for the provision of electronic services results in the permanent deletion of the Customer Account. A statement of termination of the contract for the provision of electronic services submitted by the Customer may be submitted by sending its content to the e-mail address provided for contact or by deleting the Customer Account. 7. The Store Owner shall not be liable for damages resulting from the use of services rendered which was not their fault. 8. The Seller is not responsible for errors made by the Customer in the registration form, as a result of which the parcel did not reach the addressee. 9. The Seller reserves the right to interfere in the technical structure of the Customer Account in order to diagnose irregularities in the functioning of the Store’s services.
§ 6 SUPPLY
1. Products are shipped for 5 business days from Monday to Friday. Shipments are not carried out on Saturdays and Sundays or on public holidays in accordance with Polish law. Orders placed after 1pm are treated as placed the next business day. 2. Depending on the availability of the ordered product, the delivery time is 2-10 business days. Shipments sent by courier are carried out in accordance with the terms of courier services. On special request, the ordered goods can be delivered on Saturday for an additional fee if the carrier allows it. It is possible to observe what happens with the ordered parcel by checking it on the carrier’s website (if the carrier selected by the Buyer provides such a service). 3. If it is necessary to cover the cost of delivery, its cost will depend on the weight of the goods purchased. Information about its amount will then appear in the basket when placing the order. 4. On the day of issuing the order from the warehouse, the Buyer is informed by e-mail or phone about the shipment of the order and the expected delivery date. 5. An order consisting of several goods with different delivery times is sent after completing the whole, i.e. after the longest duration of the order. If part of the order is access to services, a service or digital content that can be delivered to the Buyer immediately, the order in this part at the consumer’s request will be carried out in accordance with the rules for this type of goods. 6. The buyer is obliged to examine the condition of the parcel and check the contents of the parcel at the time of delivery. If the packaging shows signs of damage, such as dents, tampering, tearing or other evidence of tampering, the Buyer is required to write a damage report in the presence of the courier. If the report is not written, it is presumed that the order has been delivered intact. 7. At the request of the Buyer, the goods may be sent at a later date, convenient for the Buyer. The goods ready for shipment can be stored in the Seller’s warehouse free of charge up to 30 days, provided that the payment for the purchased goods has been paid in full.
§ 7 PAYMENT
1. The Buyer may use the following payment methods: a) Paypal fast internet payments system, 2. The Buyer is obliged to make the payment after accepting the order and accepting it for execution. Until the funds are credited to the Seller’s account, no actions related to the delivery of the order will be taken. 3. Lack of payment results in cancellation of the order by the Seller.
§8 DIGITAL CONTENT
1. In the case of purchase by the Buyer of digital and audiovisual content offered by the Seller in the form of films, the Buyer will be able to download the purchased materials twice throughout the entire period of having an Account in the Store. 2. For the proper use of the store and the purchased audiovisual content, the Buyer is required to have appropriate technical instruments in the form of a PC, tablet, mobile phone, with internet access and a web browser, hard disk enabling data storage and a video player with
installed codecs enabling playback recordings. The Seller is not responsible for the ability to play downloaded recordings on the Buyer’s equipment. 3. All copyrights to the recordings referred to in para. 1 belongs to the Seller and the Buyer has no right to use the shared content (Materials) outside the scope of his own personal private use. Other forms of use of the content, except for the aforementioned permitted personal use, in particular copying, reproduction and modification of recordings, without the express consent of the Seller is prohibited. 4. The Buyer will have the right to download the recordings after payment, no later than within 7 days of crediting the Seller’s bank account. 5. Downloading and purchasing recordings requires a user account in the Seller’s online store. 6. When purchasing, the Purchaser will declare that they agree to the immediate delivery of digital content. In the event of consent, the Buyer loses the right to withdraw from the contract (Article 38 (13) of the Act of 30 May 2014 on consumer rights. Expressing consent is necessary to purchase the said product. 7. The Purchaser shall be obliged not to publish downloaded recordings and not to distribute them under pain of criminal liability and compensation.
§ 9 VOICE CHAT
1. The Seller offers the Buyer the opportunity to use voice chat via the Skype application under the conditions set out in the invitation to conclude a contract, i.e. as to the length of the chat, as well as the person with whom the chat will take place. 2. For the proper use of voice chat, the Buyer is required to have appropriate technical instruments in the form of a PC, tablet, mobile phone, with internet access and a web browser, microphone, camera and Skype application. The buyer is required to have an account in the Skype application under the conditions specified by its developer in order to use the service. The Seller is not responsible for the possibility of using the service on equipment owned by the Buyer. 3. The Buyer undertakes not to record or distribute the content of the voice chat. 4. When using the chat, the Buyer undertakes to publish statements: a. in accordance with the law in force on the territory of the Republic of Poland and the provisions of these Regulations b. not infringing the personal rights of the Seller or third parties, taking into account respect for gender, orientation, dignity and the right to express opinions c. in accordance with the principles of social coexistence and not bearing vulgar, offensive, discriminatory features, race, ethnicity, gender, religion as well as others that the Seller deems to be contrary to moral standards and decency d. without threats, unfounded accusations, any extortion or provocation aimed at insulting or insulting the Seller or third parties 5. The User shall be solely liable for the content and form of published statements / opinions via voice chat. 6. In the event of a breach by the Buyer of any of the obligations, the Buyer may be deprived of the right to have a voice chat by terminating it with immediate effect. In this case, the Buyer will not have the right to demand the refund of any amounts due. 7. When purchasing, the Purchaser shall declare that he agrees to the immediate delivery of digital content. In the absence of such consent, downloading the recording will be possible after 14 days counted from the date of the contract between the Seller and the Buyer. In the event of consent, the Buyer loses the right to withdraw from the contract.
§10 SNAPCHAT PREMIUM
1. The Seller offers the Buyer the option of watching the account in the Snapchat application under the conditions set out in the invitation to conclude a contract, i.e. as to the length of the subscription and the possibility of observing, as well as the person whose account the possibility of observing applies to. 2. In order to properly use the service, the Buyer is required to have appropriate technical instruments in the form of a tablet, mobile phone, with internet access and a web browser, microphone, camera and Snapchat application. The buyer is required to have an account in the Snapchat application under the conditions specified by its developer in order to use the service. The Seller is not responsible for the possibility of using the service on equipment owned by the Buyer. 3. When placing an order, the Buyer is obliged to provide their name or other data enabling their identification through the Snapchat application. 4. The Seller undertakes that it will enable the Buyer to observe the Snapchat account of the person selected in the order for the duration of the order by adding it to the circle of friends. 5. When using the service, the Buyer undertakes to publish statements via the Snapchat application: a. in accordance with the law in force on the territory of the Republic of Poland and the provisions of these Regulations b. not infringing the personal rights of the Seller or third parties, taking into account respect for gender, orientation, dignity and the right to express opinions c. in accordance with the principles of social coexistence and not bearing vulgar, offensive, discriminatory features, race, ethnicity, gender, religion, as well as others that the Seller deems to be contrary to moral standards and decency d. without threats, unfounded accusations, any extortion or provocation aimed at insulting or insulting the Seller or third parties 6. The User is solely responsible for the content and form of published statements / opinions via the Snapchat application. 7. In the event of a breach by the Buyer of any of the obligations, the Buyer may be deprived of the right to observe the Snapchat account with immediate effect. In this case, the Buyer will not have the right to demand the refund of any amounts due. 8. When purchasing, the Buyer declares that he agrees to the immediate delivery of digital content. If the consent is given, the Buyer loses the right to withdraw from the contract (Article 38 (13) of the Act of 30 May 2014 on consumer rights). Expressing consent is necessary to purchase the product. 9. All copyrights of the displayed content belong to the Seller. It is not allowed in any way, their recording and further reproduction, e.g. by recording, taking screenshots, photos, etc., unless the displayed material is saved in the chat.
§12 GRAPHIC DESIGNS
1. The Seller will also perform graphic designs for the Buyer under the conditions specified in the order. 2. The basis for drawing up graphic designs by the Seller is the conclusion of a separate contract for specific work as agreed by the parties.
§13 WITHDRAWAL FROM THE CONTRACT
1. The buyer who is a consumer within the meaning of separate provisions may withdraw from the contract within 14 days without giving a reason in the event of concluding a distance contract under an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, with the sole use of one or more means of communication at a distance until the conclusion of the contract, inclusive or off-premises. The deadline for withdrawal begins with taking possession of the item by the buyer-consumer or a third party indicated by them other than the carrier, and in the case of many items that are delivered separately, in lots or in parts, from taking possession of the last item, lot or part. 2. Withdrawal from the contract consists in the consumer submitting to the formal entrepreneur a declaration of intent regarding the willingness to terminate the contractual relationship between the parties. The declaration of will should be made in such a way that its addressee is able to recognize its content and the person making it. The seller presents a model statement that is not binding on the consumer. 3. If it is found that the buyer who is a consumer within the meaning of separate provisions has made a declaration of intent referred to in paragraph 2 in the appropriate form, content and time limit no later than within 14 days from the date of receipt of the consumer’s buyer’s statement of withdrawal from the contract, reimburse the buyer-consumer all payments made by them, including the costs of delivery. If the consumer has chosen a delivery method other than the cheapest usual delivery method offered by the trader, the trader is not obliged to reimburse the consumer for the additional costs incurred by him. Payment may be suspended by the seller until the return of the purchased goods or until the seller receives reliable information that the buyer has returned the goods. 4. The buyer is obliged to return the goods at their own expense, invoice and responsibility. This means that only the buyer bears the burden and cost of packing and delivering the goods to the seller within 14 days of withdrawal. 5. In the event of returning the goods, the Buyer is responsible for the consumption and damage of goods in the period from the conclusion and delivery of the goods to the day of its return. The seller may make an appropriate deduction for damage resulting from the use of things in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. 6. The right to withdraw from the contract is not entitled to the consumer or the consumer loses the right to withdraw from the contract in relation to the contract of contracts indicated in Article 38 of the Act of 20 May 2014 on consumer rights, i.e. in particular contracts a) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s own specification or serving to satisfy their individual needs, b) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life, c) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons if the packaging was opened after delivery, d) in which the subject of the service are items which after delivery due to their nature are inseparably connected with other items, e) in which Benefits are sound or visual recordings or computer programs delivered sealed in the packaging if the packaging was opened after delivery, f) for the delivery of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawal from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
7. A model declaration of withdrawal from the contract is attached to the regulations.
§14 COMPLAINTS PROCEDURE
1. The entrepreneur is obliged to provide items free from defects. Otherwise, the liability in this respect is governed by separate provisions of generally applicable law. The Seller is liable under the warranty for physical defects that existed at the time the danger passed to the Buyer or resulted from a reason inherent in the item sold at the same time. 2. Irrespective of the Buyer’s other rights, the manufacturer may provide an additional warranty for the goods covered by the contract. The guarantee document contains detailed obligations of the guarantor indicated therein and the rights of the buyer if the goods do not have the properties specified in the declarations made there. 3. If the sold item has a defect, the Buyer may submit a statement on price reduction or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the Buyer replaces the defective item with a non-defective one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect. 4. Complaints should be sent to the address of the seller who will provide an appropriate response within 14 days. 5. The Buyer who exercises the rights under the warranty is obliged to deliver the defective item to the company’s headquarters at the Seller’s expense.
§15 PERSONAL DATA PROTECTION
1. The Seller collects only the data that is necessary for the proper provision of the services offered. 2. The Buyer’s personal data may be transferred to third parties only for the purpose and scope necessary for the proper performance of services provided under the Regulations, in particular courier companies to deliver the goods. 2. The Buyers’ personal database is protected by law. These data are particularly protected and secured against access by unauthorized persons. 3. The administrator of personal data is the Owner of the Yeabunny.com Online Store, which processes Customers’ personal data in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data (consolidated text, Journal of Laws of 2002, No. 101, item 926, as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended). 4. The Seller is not responsible for the authenticity of the information and data provided by Buyers or information on Buyers made available to other Buyers. The Seller indicates that it is not possible to verify them as to compliance with the actual state.
5. The Seller will not make available in any other way than it results from the purpose of the Store’s activity and the scope of the consent granted and statements, information and data about Buyers to any other third parties without a legal basis ordering the Seller such action and ensures that every effort is made to ensure that this information were properly guarded, in particular in the manner provided for by the provisions of the Act on the protection of personal data and the Act on the provision of electronic services. 6. The Seller provides Buyers with the exercise of their rights under the Personal Data Protection Act, in particular the Customer has the right to inspect their personal data and the right to change, amend it and request its removal. 7. The exercise of the right to demand a change, correction or deletion of data from the Store’s system is made on the basis of sending to the Seller by e-mail the appropriate request together with the name and surname / company of the Customer. 8. Exercising the right to delete your own data from the Store’s system is tantamount to signing out of the Buyer and termination of the contract. 9. With the removal of the Customer Account, the Seller will delete the Buyer’s data permanently and irretrievably, thus ceasing to process the Customer’s personal data. However, the Administrator reserves the right to store data such as the Buyer’s login time and IP address after deleting the account for the needs of the Police and the prosecutor’s office, as well as the data necessary to settle services rendered until they are settled.
§16 FINAL PROVISIONS
1. In matters not covered by these Regulations, the relevant provisions of generally applicable Polish law shall apply. 2. Buyers may access the Regulations at any time via the link in the footer on the Store’s home page, as well as download and print it. 3. In the event of a dispute arising in connection with the performance of a contract concluded on the basis of the Regulations, the parties undertake to resolve it amicably, acting in good faith. 4. If it is impossible to reach an agreement in the manner indicated in para. 3. the court with jurisdiction for resolving the dispute will be the court with jurisdiction over the Seller’s registered office. The parties agree that Polish courts are competent to settle disputes arising from the contract and choose Polish law as appropriate. The client may also use extrajudicial means of dealing with complaints (mediation, arbitration court) and redress. Notwithstanding the above, the Buyer who is a Consumer may apply for help to the municipal (poviat) consumer ombudsman. All necessary information in this regard can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. 5. The Seller shall notify registered users of any change to the Regulations by e-mail with the right to terminate the contract within 14 days. Amendments to the Regulations come into force on the expiry of the notice period. For orders placed before the entry into force of amendments to the Regulations, the provisions of the Regulations in force at the time of ordering shall apply. 6. On the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, we inform that at http://ec.europa.eu/consumers/odr there is an online platform for settling disputes between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is a website with a one-stop shop for consumers and entrepreneurs seeking out-of-
court settlement of a dispute regarding contractual obligations under an online sales contract or service contract.