TERMS & CONDITIONS

FOR THE ONLINE SHOP

YESjewellery.com 

The owner, seller and administrator of YESjewellery online shop is:

YES Biżuteria S.A. based in Poznań, Poland, at:

1. Świerzawska 1 

60-321 Poznań, Poland 

contact@YESjewellery.com 

+48616482775

Vat number: PL778-01-71-607 

REGON: 630182051 

entered in the National Court Register (KRS) under number: 0000743417, District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register, with share capital of PLN 4,579,480.00 fully paid up, represented by Tomasz Kwiatkiewicz, President of the Management Board, authorised to represent the company in accordance with the rules of representation disclosed in the National Court Register,

• I Definitions

1. The terms used in these Terms and Conditions shall have the following meaning:

1. a) Business Days – these shall be the days from Monday to Friday, excluding public holidays.
2. b) Buyer – a customer.
3. c) Civil Code – the Act of 23 April 1964.
4. d) Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
5. e) Contract – a contract for the sale of goods concluded between the Seller and the Buyer via the YESjewellery Online shop.
6. f) Customer – a natural person with full legal capacity, and in the cases provided for by generally applicable laws also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, to which the law grants legal capacity; – who places an order or uses other Services available in the Online Shop under the provisions of these Terms and Conditions.
7. g) Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
8. h) Order – an offer to conclude a sales contract made by the Buyer through the YESjewellery Online shop.
9. i) Order Form – an Electronic Service, an interactive form available in the Online Shope that enables Order placement, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
10. j) Party - a party to the Contract is the Buyer or the Seller; in the context of the term "Party," it collectively refers to both the Buyer and the Seller.
11. k) Personal Data – shall mean personal data within the meaning of Article 4(1) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
12. l) Product – a movable item available in the Online Shop that is the subject of the Sale Agreement between the Customer and the Seller being paid by the Price. 
13. m) Sales Agreement – a sales agreement of Products concluded between the Seller and the Customer.
14. n) Seller – YES Biżuteria S.A. based in Poznań, at: ul. Świerzawska 1, 60-321 Poznań, Poland, e-mail: contact@YESjewellery.com , +48616482775, Vat number: PL778-01-71-607, REGON: 630182051, KRS: 0000743417.
15. o) Services – the services provided by the Seller Provider to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means.
16. p) Shop – online shop available at: www.YESjewellery.com.
17. q) Terms and Conditions – this document.

• II General provisions

1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop www.YESjewellery.com .
2. These Terms and Conditions are drawn up in the English language and constitute a model contract concluded at a distance in accordance with the generally applicable legislation.
3. In order to conclude a Contract with the Seller, the Buyer may exercise the right to negotiate the terms of the Contract or conclude a Contract with the Seller on the basis of these Terms and Conditions.
4. These Terms and Conditions are always available at the website  www.YESjewellery.com  which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
5. The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop.  The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop.  
6. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Edge, Opera, enabling cookies and JavaScript in the web browser.
7. Recommended technical requirements for cooperation with the ICT system include: a computer with internet access, to electronic mail, a web browser: Internet Explorer version 11 or newer, Mozilla Firefox version 93 or newer, Edge version 94 or newer, Google Chrome version 94 or newer, Safari version 14 or newer with JavaScript and cookies enabled. The recommended monitor resolution is 1024 × 768 pixels. 
8. The Seller informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, e.g.  Antivirus.
9. All products offered in the YESjewellery Online Shop are factory new, free from physical and legal defects and have been legally marketed.
10. The subject of the YESjewellery Online Shop's activity is the retail sale of ready-made and custom-made jewellery via the Internet.
11. The seller certifies the quality of the selected gemstones and "Namiko" pearls with a special YES certificate. In addition, diamonds weighing more than 0.5 ct per piece are certified by the independent gemmological institute IGI. The cut of the YES Ideal Diamond Cut is further certified by GemEX.
12. The Customer is obliged to:
1. a) provide in the Order forms, only true, up-to-date and all necessary data of the Customer and promptly update the data.
2. b) use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customer.
3. c) use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.

• III Electronic services in the online shop 

1. The Seller provides the following Electronic Services through the YESjewellery Online Shop available at www.YESjewellery.com: 

   enabling the placement of an order through the appropriate form.

2. The provision of electronic Services by the Seller is free of charge.
3. The Agreement for the provision of service which involves enabling Customers to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Customer earlier terminates placing the Order through it. 
4. The customer is obliged to use the YESjewellery Online Shop in a manner compliant with the law and good practices with respect to personal rights and intellectual property rights of third parties. The customer is prohibited from providing unlawful content. It is forbidden to use the Electronic Services in a way that unlawfully interferes with the functioning of the YESjewellery Online Shop through the use of specific software or devices and to send, or post on the YESjewellery Online Shop unsolicited commercial information.
5. The customer may submit complaints relating to the provision of the electronic service via the YESjewellery Online Shop by sending an e-mail to: contact@YESjewellery.com or in writing to: YES Biżuteria S.A., ul. Świerzawska 1, 60-321 Poznań, Poland. The Seller will consider the complaint immediately, no later than within 14 days counted from the day the complaint was submitted.
6. The customer may terminate with immediate effect the perpetual service for the provision of continuous electronic services at any time and without indicating reasons by sending an appropriate statement by e-mail to the following address: contact@YESjewellery.com or in writing to: YES Biżuteria S.A., ul. Świerzawska 1, 60-321 Poznań, Poland. 
7. The Seller may terminate the indefinite contract for the provision of electronic services in the event that the customer objectively or persistently violates the Terms and Conditions, and in particular if they provide content of an unlawful nature, after an ineffective, single request to cease, with the setting of an appropriate period of time. The contract in such a case expires 14 days after the declaration of intent to terminate.
8. The Seller will respond to the Complaint at the e-mail address provided by the customer or in another manner agreed by the Parties.
9. Either party withdrawing from the Service Agreement, or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.

• IV Orders / Sales contract

1. Product information presented on the YESjewellery Online Shop website does not constitute an offer within the meaning of the Civil Code; it constitutes an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code, unless mandatory regulations in the consumer's country of origin provide otherwise, pursuant to Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ. EU. L. of 2008. No. 177, p. 6 as amended)
2. The placement of an order shall constitute an offer within the meaning of the Civil Code, made by the Buyer to the Seller, unless the mandatory provisions in the Consumer's country of origin provide otherwise in accordance with Article 6(2) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) ( OJ. EU. L. of 2008. No. 177, p. 6 as amended).
3. Gemstones are natural materials, therefore due to their individuality it may be objectively impossible to obtain an item which is an exact replica of a model offered by YESjewellery Online Shop. In such a situation the YESjewellery Online Shop,  with the prior consent of the Customer, may offer the Customer a stone slightly different from the one on offer. The properties of such a stone will then retain the same or higher market value. If the Customer does not agree to replace the ordered stone with the proposed one, the Customer may withdraw from the concluded contract with the shop without any consequences.
4. Photos and other forms of visualisation and presentation of jewellery presented on the pages of YESjewellery Online Shop may not reflect its actual size. The Seller has made every effort to present the diamonds in special graphics to give an idea of their weight (size). This is approximated by a 15.4-inch monitor with a resolution of 1280 × 800 pixels, with default browser settings. This visualisation shows the approximate quality of the stones. Due to the process of creating the jewellery - many designs are made by hand - individual pieces of the same model, may vary slightly. For additional information, the Buyer is requested to contact the YESjewellery Online Shop.
5. The Seller enables the Customer to place an Order through the Online Shop, 24/7 www.YESjewellery.com .
6. As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory. Providing the personal data marked obligatory is voluntary yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order. 
7. The order form should include the Customer’s name, surname and postal address, phone number and email address.
8. The Customer sends the Order by means of the Online Shop functionality provided for that purpose with an obligation to pay. To finalise an order, add the Products of your choice to the "shopping cart", specify the type of shipping and the form of payment, then select "order and pay" and follow the instructions given
9. The Customer may select an unlimited number of Products for the Order from among the quantities of a given Product available for orders and will be provided with a summary of the selected Products when proceeding to the shopping cart. If the quantity of Products is limited, the Shop indicates this information on the product page.
10. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Products being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer. The moment of conclusion of the contract is deemed to be the sending of an e-mail to the customer with the following return message: "Your order [ORDER NUMBER] is being processed".
11. The total value of the Order includes the price and shipping costs. 
12. When placing an order, the Buyer can choose standard or gift packaging in the shopping cart. In addition, they can decide whether they want to pack all products in one box as a set or whether they prefer a separate box for each item ordered.
13. It is not possible to cancel an order for a product that has already been shipped. 
14. The processing of orders placed on weekdays and on Saturdays, Sundays and public holidays starts on the next business day.
15. The day of the execution of a Contract concluded via the YESjewellery Online Shop is the day of receipt of the shipment by the Buyer
16. The sales Agreement shall be concluded in English.

• V Prices and methods of payment

1. The prices are provided in EUR. The prices include VAT (Value added Taxes).
2. The price may include an individually calculated discount or rebate granted to the Customer in an automated manner - this information is provided in the summary of the Order.
3. Online payments are processed by Przelewy 24 -  PayPro S.A. (PayPro) – the entity rendering the Service for the Users, with its registered seat in Poznań, ul. Kanclerska 15 (60-327), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register, KRS entry No. 0000347935, NIP No. 7792369887, share capital of 4,500,000.00 PLN, fully paid in, entered in the register of domestic payment institutions kept by the Polish Financial Supervision Authority, entry No. UKNF IP24/2014.
4. The customer purchases the products and orders the delivery service (if any), at the prices and delivery costs applicable at the time of placing the order.
5. The seller reserves the right to change prices and delivery costs, in particular in the event of a change in the price lists of the delivery operators. This provision does not apply to orders already in progress.
6. If the form of payment described in subsection "a" of Section 3 is selected, failure to pay for the ordered goods within 5 days counted from the date of the order shall result in cancellation of the order. This does not exclude the possibility of the Buyer placing another order for the same Product.
7. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
8. When making a payment via an electronic payment operator, the Customer should follow the instructions given by the operator of electronic payments in order to make a payment.
9. The Buyer has the possibility to choose the payment method for the ordered goods in the YESjewellery Online Shop. The Seller, being open to the needs of the Buyer, may make individual arrangements with the Buyer concerning the means of payment.
10. The current prices and shipping costs are shown at the shopping cart level and are included in the order confirmation which the Buyer receives at the indicated e-mail address.
11. The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically. The receipt or invoice is delivered electronically to the email address provided by the customer or in a traditional form along with the delivery of the goods. Acceptance of the Terms and Conditions also constitutes consent to receive receipts and invoices in electronic form.

• VI Delivery / Shipping

1. Delivery of the Products is performed to the address indicated by the Customer when placing the Order (EU). Details in section Delivery.
2. On the Shop websites, in the description of the Product, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges. Details in section Delivery.
3. The deadline for delivery and processing of the Order shall be calculated per Business Days. The time of delivery of the Product to the Customer by the carrier. 
4. If the ordered Products have different delivery deadlines, the longest deadline shall apply to the whole Order.
5. The ordered Goods are delivered by the courier company GLS Poland or InPost. Detailed information on delivery is available in the currently valid regulations of the GLS and InPost carriers. 
6. The costs associated with shipping an Order within the European Union depend on the value of the Order and are shown in the shopping cart when the product or products are added.
7. International shipments are made exclusively through a courier company. Overseas shipping costs are shown in the shopping cart after adding the product(s) and completing the overseas shipping address for the order. Shipping costs abroad are paid by the Buyer.
8. In the event that the Products included in the Order are unavailable in the warehouse, at the Shop's suppliers or for other reasons and it is not possible to fulfil the Customer's Order, the Shop shall notify the Customer of this fact within 14 (fourteen) days at the latest, counting from the date of placing the Order.
9. In this case, the Customer has the right to decide whether to agree to fulfil the order within the period proposed by the Shop or to withdraw from the contract. In the event that it is not possible to  of fulfil a part of the order, as mentioned above, the customer is informed about the status of the order and decides on how to proceed. The Customer has the option to choose between:
1. a) partial fulfillment - the customer's choice of this option results in the fulfillment of the order only for the available products.
2. b) cancellation of the entire Order (withdrawal).
10. In the event of withdrawal from the agreement, the Shop will refund the amount paid by the customer as the price. Notification will be sent to the email address provided by the customer in the order or registration form. If no decision is made within 7 (seven) days from the notification, the order will be canceled for the unavailable products.
11. If the Seller is unable to provide the performance with properties individually ordered by the Buyer due to a temporary inability to fulfill it, the Seller may, with the consent of the Buyer, provide substitute performance of the same quality and purpose, at the same price or remuneration, or in another manner agreed upon by the Parties.
12. The Seller, considering the customer's comfort as well as the safety in order fulfillment, assures that any inconveniences at any stage of the order - if they arise - will be discussed with the customer and resolved by mutual agreement. The Seller makes every effort to ensure customer satisfaction.
13. The delivery time is specified for each product and applies to shipments within the European Union.
14. The Consumer is recommended to inspect the condition of the goods as soon as possible after delivery. If defects are discovered, the Consumer is recommended to contact the Seller by telephone as soon as possible: +48 61 648 27 75 or by email: contact@YESjewellery.com.
15. The Buyer, who is not a Consumer, is obliged to inspect the condition of the shipment upon delivery in the presence of a representative of the delivery agent (courier, postal operator, etc.). In the event of mechanical damage to the goods during transport, the customer should write a damage report and promptly contact the Seller by telephone.: +48 61 648 27 75 or by email: contact@YESjewellery.com.

•     VII The right to withdraw from the Contract

1. A consumer who has concluded a distance contract may withdraw from it without stating a reason and without incurring costs, except for the costs referred to in Articles 33,34 and 35 of the Consumer Rights Act, by making a declaration to that effect using the form available at the following address: https://cdn.yesjewellery.com/docs/legal/return-form-YESjewellery.pdf   within 14 days from the date of delivery of the subject of the agreement to them. The deadline for returning products subject to special conditions, as informed by the Seller before placing the Order, such as the donation of proceeds from the sale for charitable purposes, is 14 days. To meet this deadline, it is sufficient to send the statement before its expiration.
2. YESjewellery Online Shop, with the Customer's convenience in mind, may extend the statutory return period for products. The Customer is informed about the extended return period on the website: https://yesjewellery.com/en/pages/delivery-and-returns. Currently, it is 100 days from the receipt of the order by the customer.
3. The declaration may be made using the form attached hereto, which is also available at the following address, which is an annex to these Terms and Conditions, also available at www.YESjewellery.com or in another form in accordance with the Consumer Rights Act. YES Biżuteria S.A., ul. Świerzawska 1, 60-321 Poznań(Poland), e-mail: contact@YESjewellery.com .
4. In the event of withdrawal from the Contract, the Contract shall be deemed as not concluded.
5. The Consumer is obliged to return the product or products immediately, no later than 14 days from the day on which they withdrew from the Contract.
6. The Seller, considering the convenience and comfort of the Consumer, allows for facilities provided in the following section. The Consumer may: 

   Return the contractual goods using the electronic return form available at the following address: https://cdn.yesjewellery.com/docs/legal/return-form-YESjewellery.pdf The electronic return form makes it possible to request collection of the contractual items by GLS courier https://www.gls-returns.com/#/m/yes 

   The jewellery should be delivered with proof of purchase (in the form of a receipt / e-receipt), a tag and YES Certificate of Authenticity or IGI or GemEX Certificate if these were included with the order. Detailed information regarding free returns is available on the website Delivery and Returns.

7. The Seller is obliged immediately, but not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, to return to the consumer all payments made by him, including the costs of delivery of the Product – movable item, including movable item with digital elements.   The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer. 
8. If the consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer.
9. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.
10. The purchased Products should be returned to the following address: 

    YES Biżuteria S.A., ul. Świerzawska 1, 60-321 Poznań (Poland).

11. The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
12. The seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first, unless the Seller himself offered to collect the Product from the consumer.
13. The consumer bears the direct costs of returning the Product.  
14. The right to withdraw from a distance agreement is not entitled to the Consumer in relation to contracts:

    in which the subject of the service is a Product non-prefabricated, manufactured according to the consumer's specifications or serving to satisfy his individual needs. Such products include:

    1. a) products made to the individual order of the Consumer with consumer rights, including, in particular, individual engravings.
    2. b) products not included in the standard assortment of YESjewellery Online Shop, imported on special order of the Buyer.
    3. c) products with specific qualities, i.e. qualities specified by the Consumer in the order placed by the Consumer or made to the individual order of the Consumer, i.e. strictly related to the person of the Consumer.
15. The above indication does not exclude the Seller's liability as set out in Section X, Complaints, in connection with non-compliance of the Product with the contract.
16. The provisions concerning the consumer shall apply to sole traders who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them.  To determine whether a sole trader has, in particular circumstances, consumer rights, it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG-in Poland).

• VIII Guarantee

1. Products sold through the YESjewellery Online Shop, which come with the manufacturer's original guarantee card, are covered by the Manufacturer's guarantee. The Manufacturer provides a guarantee for the purchased product for the period specified in the guarantee terms. The Seller is responsible for non-compliance of the Product with the sales agreements as described in section X - Complaints.
2. Detailed terms and conditions for the implementation of the guarantee are shown on the guarantee card issued by the guarantor.

• IX Complaints

1. In the event of non-compliance of the Product with the sales agreements, the provisions set out in the Consumer Rights Act (Chapter 5A) apply to consumers, unless otherwise provided by mandatory regulations in the country of origin of the Consumer in accordance with Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I) (OJ EU L. 2008 No. 177, p. 6, with subsequent amendments).
2. Complaints should be sent to the following address: YES Biżuteria S.A., ul. Świerzawska 1, 60-321 Poznań, Poland with the annotation "Complaints Department", contact@YESjewellery.com .
3. The Seller undertakes to process each complaint immediately, no later than within 14 calendar days from the date of its receipt. Otherwise, the Seller shall be deemed to have acknowledged the declaration or request as justified.
4. If the product is not in conformity with the contract, the consumer may request its repair or replacement. The Seller shall carry out repair or replacement within a reasonable time after being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer considering the specificity of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
5. The Consumer makes available to the Seller a product subject to repair or replacement. The Seller collects the products from the consumer at his own expense. The Consumer is not obliged to pay for the normal use of the products which have subsequently been replaced.
6. If the product is not in conformity with the contract, the consumer may make a statement on price reduction or withdrawal from the contract when:
1. a) the seller refused to bring the product into conformity with the contract in accordance with the Consumer Rights Act.
2. b) the seller has not brought the product into conformity with the contract in accordance with the Consumer Rights Act.
3. c) the lack of conformity of the product with the contract persists even though the seller has tried to bring the product into conformity.
4. d) the lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of protection measures specified in the Consumer Rights Act.
5. e) it is clear from the seller's declaration or circumstances that he will not bring the products into conformity within a reasonable time or without undue inconvenience to the consumer.
7. The reduced price must be in proportion to the contract price in which the value of the non-conforming product remains in relation to the value of the product in conformity.
8. The Seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's statement on the price reduction. 
9. In the event of withdrawal from the contract, the Consumer immediately returns the products to the Seller at his expense. The Seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
10. The Consumer may not withdraw from the contract if the lack of conformity of the product with the contract is irrelevant. The lack of conformity of a product with the contract shall be presumed to be material.
11. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular circumstances indicating the non-compliance of the Product with the Sales Agreement; (2) request repairs or replacement, or statement of price reduction, or withdrawal from the Sales Agreement in the cases indicated in the Consumer Rights Act and (3) the claimant’s contact information. The requirements given in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommendation.
12. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint.
13. The Seller is liable for non-compliance of the Product with the Contract if the non-compliance of the Product with the Contract existed at the time of its delivery and was revealed within two years from the date of delivery of the Product to the Consumer.
14. The provisions concerning the consumer shall apply to sole traders who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them.  To determine whether a sole trader has, in particular circumstances, consumer rights, it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG-in Poland).
15. In the case of contracts concluded with Customers who are not, at the same time, Consumers, on the basis of Article 558 § 1 of the Civil Code  the Seller's liability under warranty is excluded.
16. The Seller complies with the provisions of Chapter 5B of the Consumer Rights Act in the scope of contracts for the supply of digital content or digital service. 

• X Out-of-court complaint handling and redress procedures

1. The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
2. For example, in Poland the customer who is a consumer has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement.
3. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
4. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU"s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/. 

• XI Force majeure

1. Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to epidemic, war, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than ten (10) business days after said event occurs.
2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

• XII Protection of personal information

1. The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy.
2. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
3. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.

• XIII Final Provisions

1. All and any rights of the Online Shop YESjewellery, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions. Their use and distribution without the consent of the Shop owner is prohibited.
2. These Terms and Conditions will be governed by the law of the Republic of Poland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
3. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in EU.
4. In matters not regulated in these Terms and Conditions, the provisions of Polish and EU law shall apply.
5. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop and their effective dates. The effective date for any amendment shall fall at least 14 days after its publication. 

30.11.2023