TERMS AND CONDITIONS OF YUMISU.STORE

CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT
6. PROCEDURE FOR HANDLING COMPLAINTS
7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. CONTRACTUAL RIGHT OF WITHDRAWAL
10. PROVISIONS FOR ENTREPRENEURS
11. PRODUCT REVIEWS
12. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
13. PROMOTIONS
14. FINAL PROVISIONS
15. SAMPLE WITHDRAWAL FORM

The online store www.yumisu.store cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Regulations are not intended to exclude or limit any of the rights of consumers under the mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Rules and Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The Online Store, available at the Internet address www.yumisu.store, is operated by YUMISU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Białystok (registered address: ul. Warszawska 6/32, 15-063 Białystok; and delivery address: ul. Baranowicka 23, 15-554 Białystok); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000865362; the register court where the company’s records are kept: District Court in Białystok, XII Economic Department of the National Court Register; share capital in the amount of: PLN 30,000; NIP: 9662144174; REGON: 387312142, e-mail address: yumisu@yumisu.store and contact telephone number: 32 441 26 93.

1.2. These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.

1.3. The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The Privacy Policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4. Definitions:

1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.

1.4.3. ORDER FORM – Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964. (Journal of Laws 1964 No. 16, item 93 as amended).

1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.

1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Store.

1.4.8. PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.

1.4.9. REGULATIONS – these regulations of the Online Store.

1.4.10. INTERNET STORE – Provider’s online store available at the following web address: www.yumisu.store.

1.4.11. SELLER; SERVICE PROVIDER – YUMISU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Białystok (registered office address: 6/32 Warszawska St., 15-063 Białystok; and delivery address: 23 Baranowicka St., 15-554 Białystok); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000865362; register court where company records are kept: District Court in Białystok, XII Economic Department of the National Court Register; share capital in the amount of: PLN 30,000; NIP: 9662144174; REGON: 387312142, e-mail address: yumisu@yumisu.store and contact telephone number: 32 441 26 93.

1.4.12. SALE AGREEMENT – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.

1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Online Store.

1.4.14. USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service.

1.4.15. CONSUMER RIGHTS ACT – Law of May 30, 2014. On consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.16. ORDER – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.

2.1.1. Account – use of the Account is possible after the Service Recipient performs a total of two consecutive steps – (1) completing the Registration Form, (2) clicking the “Register” field. In the Registration Form, it is necessary for the Customer to provide an e-mail address. The password for access to the Account is generated by the Service Provider’s ICT system and sent to the provided e-mail address of the Customer – the Customer may change the password at any time after logging into the Account. You can also create an Account by checking the appropriate checkbox when placing an Order – as soon as you place an Order, the Account is created.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to the address: yumisu@yumisu.store or in writing to the address: ul. Baranowicka 23, 15-554 Bialystok.

2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “I buy and pay” box on the Online Store website after completing the Order Form. – Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of non-consumer customers, it is also necessary to provide the company name and Tax Identification Number.

2.1.2.1. The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.

2.1.3. Newsletter – use of the Newsletter is made after providing in the “Newsletter” tab visible on the website of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: yumisu@yumisu.store or in writing to the address: ul. Baranowicka 23, 15-554 Bialystok.

2.2. Technical requirements necessary to work with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768.

2.3. The Client is obliged to use the Online Store in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The customer is obliged to enter data in accordance with the facts. The recipient is prohibited from providing unlawful content.

2.4. The complaint procedure regarding Electronic Services is indicated in Section. 6. Regulations.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Regulations.

3.2. The price of the Product shown on the website of the Online Store is given in Polish zloty and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including charges for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these charges – about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.

3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form.

3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an order in the Online Store in accordance with point. 2.1.2 of the Regulations.

3.3.2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the order, which contains at least the Seller’s statements about receipt of the order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Contract is concluded between the Customer and the Seller.

3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in item. 3.3.2. Regulations. The content of the Sales Agreement is further fixed and secured in the computer system of the Seller’s Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement:

4.1.1. Payment by cash on delivery on delivery.

4.1.2. Payment by bank transfer to the Seller’s bank account.

4.1.3. Electronic payments and payment card payments via PayU.pl – the possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website http://www.payu.pl.

4.1.3.1. Settlement of electronic payment and payment card transactions is carried out according to the Client’s choice via PayU.pl. Electronic and card payment services are provided:

4.1.3.1.1. PayU.pl – the company PayU S.A. seated in Poznań (address: Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 4,944,000.00 fully paid up; NIP: 7792308495.

4.1.4. Payments in the installment system – payment is made in whole or in part with funds from the credit granted by MBANK SPÓŁKA AKCYJNA (a company mBank S.A. based in Warsaw, ul. Senatorska 18, 00-950 Warsaw, share capital PLN 168,840,628.00 (paid in full), registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw. Warsaw, XII Economic Department of the National Court Register under KRS number: 0000025237, NIP: 5260215088, REGON: 001254524) PayU, MBank, PKO

4.2. Payment term:

4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 5 calendar days from the date of conclusion of the Sales Agreement.

4.2.2. If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.

5. THE COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Product is available in the territory of the Republic of Poland.

5.2. Delivery of the Product to the Customer is for a fee, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

5.3. The Seller provides the Customer with the following methods of delivery of the Product:

5.3.1. Courier delivery, cash on delivery.

5.3.2. Pallet shipment.

5.4. The time limit for delivery of the Product to the Customer is up to 3 Business Days, unless a shorter time limit is specified in the description of the Product in question or in the course of placing the Order. In the case of Products with different delivery dates, the delivery date shall be the longest date given, which, however, shall not exceed 3 Business Days. The beginning of the period for delivery of the Product to the Customer is calculated as follows:

5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or checking account.

5.4.2. If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.

5.4.3. In the case of selection by the Customer of a method of payment in the installment system – from the date of notification to the Seller by the lender of the conclusion of a credit agreement with the Customer, but no later than from the date of crediting the Seller’s bank account with the funds from the credit granted to the Customer

6. PROCEDURE FOR HANDLING COMPLAINTS

6.1. This item 6. The Regulations set out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.

6.2. The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Law on Consumer Rights and the Law on Provision of Electronic Services of July 18, 2002. (Journal of Laws No. 144, item 1204 as amended).

6.2.1 The detailed provisions regarding the complaint of a Product – a movable item – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022 are defined by the provisions of the Civil Code in the wording in force until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a Product without defects. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product purchased in accordance with the preceding sentence against the Customer who is not a consumer is excluded.

6.2.2 Detailed provisions on complaints of a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from January 1, 2023, are set forth in the provisions of the Consumer Rights Act as in effect from January 1, 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.2.3 Detailed provisions regarding complaints about a Product – digital content or service or a movable thing that serves solely as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of January 1, 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, are set forth in the provisions of the Consumer Rights Act as in effect as of January 1, 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in the event of the Product’s non-compliance with the Sales Agreement.

6.3. A complaint can be made, for example:

6.3.1. In writing to the address: ul. Baranowicka 23, 15-554 Bialystok;

6.3.2. in electronic form via e-mail to: yumisu@yumisu.store.

6.4. Sending or returning the Product under a complaint may be made to the address: ul. Baranowicka 23, 15-554 Bialystok.

6.5. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact information of the complainant – this will facilitate and expedite the processing of the complaint. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.

6.6. If the complainant changes the contact information provided during the processing of the complaint, he is obliged to notify the Seller.

6.7. Evidence (e.g., photos, documents or Product) related to the subject of the complaint may be attached to the complaint by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos), if this will facilitate and expedite the Seller’s consideration of the complaint.

6.8. The Seller will respond to the complaint immediately, but no later than within 14 calendar days of receipt.

7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

7.3. The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller’s place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and at the consumer hotline at 801 440 220 (hotline open on Business Days, 8:00 a.m. – 6:00 p.m., call charge at the operator’s tariff).

7.4. A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1. A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal can be made, for example:

8.1.1. In writing to the address: ul. Baranowicka 23, 15-554 Bialystok;;

8.1.2. in electronic form via e-mail to: yumisu@yumisu.store.

8.2. Return of the Product – movables (including movables with digital elements) within the framework of withdrawal from the contract can be made to the address: ul. Baranowicka 23, 15-554 Bialystok;.

8.3. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in Section. 15 Regulations. The consumer can use the model form, but it is not mandatory.

8.4. The period for withdrawal from the contract begins:

8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;

8.4.2. For other contracts – from the date of the agreement.

8.5. In the case of withdrawal from a remote contract, the contract is considered not concluded.

8.6. Products – movable things, including movable things with digital elements:

8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for him. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.6.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration.

8.6.3. The consumer shall be liable for any diminution in the value of the Product – a movable item (including a movable item with digital elements) – resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.7. Products – digital content or digital services:

8.7.1. In the case of withdrawal from the contract for the provision of a Product – digital content or digital service – the Seller, from the date of receipt of the consumer’s statement of withdrawal, may not use content other than personal data provided or created by the consumer during the use of the Product – digital content or digital service – provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer’s activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be separated from them or can be separated only with the expenditure of disproportionate efforts; (4) have been produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer during the use of digital content or digital service provided by the Seller. In the event of withdrawal, the seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer’s rights referred to in the preceding sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.

8.7.2. In the case of withdrawal from the contract for the provision of a Product – digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.

8.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to pay:

8.8.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.

8.8.2. For Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product. For Products that cannot be sent back by mail in the usual way (e.g., bulky shipments), the consumer may incur higher shipping costs, according to the following sample price lists of some of the carriers:
https://www.sendit.pl/cennik/cenniki-krajowe/fedex
https://www.sendit.pl/cennik/cenniki-krajowe/geis
https://furgonetka.pl/cennik/gls
https://furgonetka.pl/cennik/dhl

8.8.3. In the case of a Product – a service, the performance of which – at the express request of the consumer – began before the expiration of the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal. The amount of payment shall be calculated in proportion to the extent of the service rendered, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.9. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:

8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service, that after the performance by the Seller, he will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – non-refabricated, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product – a movable thing (including a movable thing with digital elements) – delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products – movables (including movables with digital elements) – which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products – movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the start of the performance that after the Seller’s performance he will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Art. 15 para. 1 and 2 or Art. 21 para. 1 of the Law on Consumer Rights; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.10. Contained in this section 8. The consumer provisions of the Regulations shall apply from January 1, 2021. and for contracts entered into from that date also to the Customer or Client who is a natural person entering into a contract directly related to his/her business activity, when the content of that contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. CONTRACTUAL RIGHT OF WITHDRAWAL

9.1. Notwithstanding the statutory right to withdraw from the contract without stating a reason, referred to in Section 8 of the Terms and Conditions, and the right to file a complaint, referred to in Section 6 of the Terms and Conditions, a Customer who is a consumer who has concluded a Product Sales Contract may exercise the contractual right to withdraw from the contract under the terms of this Section of the Terms and Conditions.
9.2. Under the contractual right of withdrawal, the consumer may withdraw from the Product Sales Agreement without giving any reason also after the expiration of the 14-day withdrawal period indicated in Section 8 of the Terms and Conditions, but before the expiration of 100 calendar days from the date of receipt of the Product, provided that the consumer meets the following requirements together: (1) absence of traces of use and damage to the returned Product; and (2) return of the Product in the original packaging in which it was delivered by the Seller.
9.3. In order to meet the deadline for withdrawal from the Sales Agreement under this section of the Terms and Conditions, it is necessary that the Seller receives the consumer’s statement of withdrawal together with the returned Product before its expiration.
9.4. If the consumer exercises the contractual right of withdrawal in accordance with this section of the Terms and Conditions, the Seller shall refund the price of the Sales Contract to the consumer, excluding the cost of delivery of the Product to the consumer.
9.5. The consumer shall be liable for any diminution in the value of the Product, including that resulting from damage by the consumer to the original tags, label and packaging of the Product.
9.6. In matters not regulated in this section, Section 8 of the Regulations on the statutory right of withdrawal shall apply mutatis mutandis, in particular with regard to the beginning of the period for withdrawal, the effects and costs of withdrawal and exceptions to the right of withdrawal.

10. PROVISIONS FOR ENTREPRENEURS

10.1. This item 10. The Terms and Conditions and all provisions contained therein are addressed to and thus binding only on the Customer or Service Recipient who is not a consumer, and as of January 1, 2021. and for contracts entered into from that date, which is also not a natural person entering into a contract directly related to his business activity, when it is clear from the content of that contract that it does not have a professional character for that person, arising in particular from the subject matter of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

10.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

10.3. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

10.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

10.5. The liability of the Service Provider/Seller to the Customer/Client, regardless of its legal basis, shall be limited – both under a single claim and for all claims in the aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Client/Customer against the Service Provider/Seller, including in the absence of a Sales Contract or unrelated to a Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The seller is also not responsible for the delay of the shipment.

10.6. The Seller’s liability under the warranty for the Product or the Product’s non-conformity with the Sales Agreement is excluded.

10.7. The Seller will respond to the complaint within 30 calendar days from the date of receipt.

10.8. Any disputes arising between the Vendor/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

11. PRODUCT REVIEWS

11.1. The Seller allows its Customers to issue and access reviews of the Products and the Online Store under the terms of this section of the Terms and Conditions.

11.2. Issuing an opinion by the Customer is possible after using the form allowing to add an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Store (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product – if such an option is available in the feedback form.

11.3. An opinion about a Product can be issued only to the actually purchased Products in the Seller’s Online Store and by the Customer who purchased the reviewed Product. It is forbidden to conclude fictitious or sham Sales Agreements for the purpose of issuing reviews of the Product. An opinion about the Online Store can be issued by a person who is a customer of the Online Store.

11.4. Adding opinions by Customers may not be used for illegal activities, in particular, for activities constituting an act of unfair competition, or activities that violate personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the customer is obliged to act in accordance with the law, these Regulations and good morals.

11.5. Opinions can be made available directly on the page of the Online Store (e.g., next to a given Product) or in an external opinion-gathering service with which the Seller cooperates and to which it links on the page of the Online Store (including by means of an external widget placed on the page of the Online Store).

11.6. The Seller ensures that the published reviews of the Products come from its Customers who have purchased the Product. To this end, the Vendor takes the following steps to verify that the feedback comes from its Customers:

11.6.1. Publication of an opinion issued using a form available directly on the website of the Online Store requires prior verification by the Service Provider. Verification consists in checking the compliance of the opinion with the Terms and Conditions, in particular checking whether the person giving the opinion is a Customer of the Online Store – in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of an opinion on a Product, it additionally checks whether the person has purchased the Product under review. Verification is carried out without undue delay.

11.6.2. The Seller sends its Customers (including by means of an external opinion-gathering service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase – in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Store.

11.6.3. In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties, whether a given opinion comes from a Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Store or has purchased the reviewed Product.

11.7. Any comments, appeals against the verification of opinions, or objections as to whether a given opinion came from the Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in Section 6. Regulations.

11.8. Seller does not post or have another person post false opinions or recommendations of Customers and does not distort opinions or recommendations of Customers to promote its Products. The vendor provides feedback, both positive and negative. The seller does not provide sponsored reviews.

12. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS

12.1. This section of the Terms and Conditions contains provisions under the Digital Services Act as it relates to the Online Store and the Service Provider. As a rule, the customer is not obliged to provide content when using the Online Store, unless the Terms and Conditions require specific data (e.g. data for placing an order). The Customer may be able to add opinions or comments on the Online Store using tools provided by the Service Provider for this purpose. In any case of content delivery by the Service Recipient is obliged to comply with the rules contained in the Regulations.
12.2. CONTACT POINT – The Service Provider designates the email address yumisu@yumisu.store as a single point of contact. The point of contact enables direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Council and at the same time allows the recipients of the service (including the Service Recipients) to communicate directly, quickly and friendly with the Service Provider electronically, for the purpose of applying the Digital Services Act . The service provider shall indicate the Polish language and the English language for communication with its point of contact.
12.3. Procedure for reporting Illegal Content and acting in accordance with Art. 16 Digital Services Act:
12.3.1. At the e-mail address yumisu@yumisu.store, any person or any entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.
12.3.2. The notification should be sufficiently precise and adequately justified. To this end, the Service Provider shall allow and facilitate submissions to the email address provided above containing all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, if applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for a report concerning information deemed to be related to one of the offenses referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement attesting to the good faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
12.3.3. The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Article. 6 of the Digital Services Act with respect to the information to which it relates, if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.
12.3.4. If the notification contains electronic contact information of the person or entity who made the notification, the Service Provider shall send such person or entity an acknowledgement of receipt of the notification without undue delay. The service provider shall also notify without undue delay such person or entity of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision.
12.3.5. The Service Provider shall process all applications it receives under the mechanism referred to above and make decisions with respect to the information to which the applications relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such consideration or decision-making, it shall include information about this in the notification referred to in the preceding paragraph.
12.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, with regard to the information provided by the Service Recipients:
12.4.1. The following rules apply to the Service Recipient for the delivery of any content on the Online Store:
12.4.1.1. the obligation to use the Online Store, including to post content (e.g., as part of opinions or comments), in accordance with its purpose, these Regulations and in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties;
12.4.1.2. obligation to enter content that is factually correct and not misleading;
12.4.1.3. Prohibition of providing unlawful content, including prohibition of providing Illegal Content;
12.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
12.4.1.5. prohibition to provide content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
12.4.1.6. the obligation to have, where necessary, all required rights and permissions to provide such content on the pages of the Online Store, in particular copyright or required licenses, permits and consents to use, distribute, share, or publish it, especially the right to publish and distribute it on the Online Store, and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
12.4.1.7. the obligation to use the Online Store in a manner that does not pose a security risk to the Service Provider’s data communications system, the Online Store or third parties.
12.4.2. The Service Provider reserves the right to moderate the content provided by Service Recipients to the Online Store website. Moderation shall be carried out in good faith and with due diligence and on the Service Provider’s own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms of Service or to prevent access to it or to take the necessary measures to comply with the requirements of European Union law and national law in compliance with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms of Service.
12.4.3. The moderation process may be done manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content is identified, the Service Provider shall decide whether to remove or disable access to the content or otherwise limit its visibility or take other actions it deems necessary (e.g., contact the Service Recipient to clarify objections and change the content). The Service Provider will clearly and easily understandably inform the Service Recipient who provided the content (if it has his contact information) of its decision, the reasons for its decision and the available options for appealing the decision.
12.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular, taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
12.5. Any comments, complaints, complaints, appeals or objections regarding decisions or other actions or inaction taken by the Service Provider on the basis of an application received or a decision made by the Service Provider in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in Section 6. Regulations. Use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. The use of the procedure for filing and processing complaints is without prejudice to the right of the person or entity in question to initiate proceedings before a court and does not affect his other rights.
12.6. The Service Provider shall handle any comments, complaints, complaints, appeals or objections regarding decisions or other actions or inaction taken by the Service Provider on the basis of a notification received or decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to believe that its decision not to take action in response to the report is unjustified or that the information complained of is not illegal and in violation of the Rules, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or modify its decision as to whether to remove or prevent access to the content or otherwise restrict its visibility, or take such other action as it deems necessary.
12.7. Service Recipients, persons or entities who have made a report of Illegal Content to whom the Service Provider’s decisions regarding Illegal Content or content that does not comply with the Terms and Conditions are directed, have the right to choose any out-of-court dispute resolution body certified by the Service Coordinator. digital services of the Member State to resolve disputes regarding these decisions, including with respect to complaints that have not been resolved within the Service Provider’s internal complaint handling system.

13. PROMOTIONS

13.1. Promotions held on the yumisu.store brand website are not cumulative with other promotions, discount actions, coupons, etc.

13.2. The condition for taking advantage of the promotion in the Online Store is, the correct entry of the discount code in the shopping cart, during the finalization of the transaction in the Online Store.

13.3. Products purchased in the Promotion are subject to return or exchange under the terms:

13.3.1. For purchases in the Stationary Store, as specified in the Regulations for Return and Exchange of Goods in the Stationary Store, available at the Stationary Store,

13.3.2. For purchases from the Online Store, as specified in the Terms and Conditions for Return and Exchange of Goods in the Online Store, available at www.yumisu.store.

13.4. If the products are returned after the end of the Promotion, the discount cannot be used again.

14. FINAL PROVISIONS

14.1. Contracts concluded through the Online Store are concluded in the Polish language.

14.2. Amendment of the Regulations:

14.2.1. The service provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

14.2.2. In the case of conclusion of contracts of a continuous nature on the basis of these Regulations (e.g., provision of Electronic Service – Account), the amended Regulations are binding on the Service Recipient, if the requirements set forth in Art. 384 and 384[1] of the Civil Code, that is, the Customer was properly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that an amendment to the Regulations would result in the introduction of any new fees or an increase in current fees, the Service Recipient has the right to withdraw from the contract.

14.2.3. In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations shall not in any way affect the acquired rights of Service Recipients/Customers prior to the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.

14.3. Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

15. SAMPLE WITHDRAWAL FORM (APPENDIX NUMBER 2 TO THE LAW ON CONSUMER RIGHTS)

Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)

– Address:

YUMISU LIMITED LIABILITY COMPANY
street Baranowicka 23, 15-554 Bialystok
yumisu.store
yumisu@yumisu.store

– I/We(*) hereby inform(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/for the provision of the following service(*).

– Date of contract(*)/acceptance(*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date

(*) Delete as necessary.