The Owner, Seller and Administrator of the Store is: YES Biżuteria Sp. z o.o. with its registered office in Poznań, Poland, at the following address:
ul. Świerzawska 1
NIP (Tax Identification Number): 778-01-71-607
REGON (National Official Business Register Number): 630182051
entered in the National Court Register (KRS) under the following number: 000108239, Poznań-Nowe Miasto i Wilda Regional Court, 8th Commercial Division of the National Court Register, share capital: PLN 7,269,000, fully paid up, Bank PKO SA III O/Poznań, ul. Głogowska 15, account No.: 80 1240 1750 1111 0000 1905 5598, represented by the first President of the Management Board, Mr Krzysztof Madelski and second President of the Management Board, Mr Michał Kwiatkiewicz, entitled to sole representation of any Member of the Board, in accordance with the principles of representation indicated in the KRS.
YES Biżuteria Sp. z o.o. (the “Seller”) has the sole right to operate the store indicated above.
The Customer shall have the right to negotiate the terms of the contract with the Seller before placing the order. If the Customer does not choose to conclude a contract by way of individual negotiations, the provisions hereof and the generally applicable law shall apply.
I General Provisions
- The online store available at: www.yesjewellery.com is operated by YES Biżuteria Sp. z o.o. – specific information on the operated business is included above.
- The Terms and Conditions have been drawn up in English, and they are a model remote contract in accordance with the generally applicable Polish law.
- To conclude the Contract with the Seller, the Buyer may use the right to negotiate the terms of the Contract or conclude a Contract with the Seller under these Terms and Conditions.
- The contents hereof, if the Buyer makes a separate decision, shall be the contents of the Contract concluded between the Parties. The contents of the Contract shall be recorded in accordance with the applicable law and provided to the Buyer on a permanent medium in order to ensure that the Buyer can refer to such medium if necessary.
- The Customer may read the code of conduct for traders. The code of conduct is included in the Polish Act of 23 August 2007 on combating unfair commercial practices. The current wording of the Act is available at:http://isap.sejm.gov.pl/
- The personal data filing system has been registered at GIODO (Inspector General for Personal Data Protection). Information about this can be found at: https://egiodo.giodo.gov.pl/
- All products offered at the YES store are brand new, free of physical and legal defects and legally sold on the Polish market.
- The products delivered by the Seller to the Buyer shall be free of defects.
- YES online store is a retail seller of regular and custom-made jewellery via the Internet.
- The Seller shall certify the quality of every gemstone and “Namiko” pearls with a special YES Certificate. Furthermore, selected larger stones also have a certificate issued by one of the two most reputable independent gemological institutes in the world – IGI or GIA.
- The prices indicated on the website of theyesjewellery.com Store are specified in the presentation of the product, and they are inclusive of VAT.
- The Buyer may place orders at the Store on 24/7 basis via the www.yesjewellery.com website.
- The Buyer shall pay the costs of communication with the Seller under the Buyer's contracts with third parties for the possibility of using specific forms of remote communication. The Seller shall not collect any additional charges or benefits for the Buyer's communication with the Seller.
- Matters not regulated herein shall be governed by the relevant law applicable in Poland, in particular the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827) and the Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended).
- The provisions hereof are not intended to exclude or limit any rights of Buyers being Consumers in accordance with the Polish Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) to which the Buyer is entitled under the generally applicable law. If the provisions hereof are inconsistent with the provisions of this Act, the provisions of the Act shall prevail.
- In the event of a dispute with the Seller, the Buyer shall have the right to resolve the dispute out of court by:
- a) addressing a permanent arbitration consumer court;
- b) mediation;
- c) obtaining free assistance with dispute resolution from the Consumer's Federation using the free consumer hotline: 0048 61 861 12 90.
- TERMS AND CONDITIONS – these Terms and Conditions including the appendices, specifying the obligations and rights of the two Parties to the Contract.
- PARTY – a Party to the Contract shall be the Buyer or the Seller; the term “Parties” shall collectively mean the Buyer and the Seller.
- REMOTE CONTRACT – Contract concluded remotely by the Parties, without simultaneous presence of both Parties to the Contract; Contract concluded using the Remote Communication Channels available at the Store.
- COMMUNICATION CHANNEL – forms of placing remote orders defined in section 10 of part I, “GENERAL PROVISIONS”.
- CONTRACT – contract concluded with simultaneous presence of both Parties during the collection of the items in person in the Store as a result of the reservation made by the Buyer
- STORE – online store available at: www.yesjewellery.com
- SELLER – YES Biżuteria Sp. z o.o. with its registered office in Poznań, at: ul. Świerzawska 1, 60-321 Poznań, Poland, NIP: 778-01-71-607, REGON: 630182051, entered in the KRS under the following number: 0000108239. SERVICE PROVIDER – YES Biżuteria Sp. z o.o. with its registered office in Poznań, at: ul. Świerzawska 1, 60-321 Poznań, NIP: 778-01-71-607, REGON: 630182051, entered in the KRS under the following number: 0000108239.
- CUSTOMER – natural person, legal person or unincorporated entity with statutory legal capacity that purchases the Products via the Online Store available at: www.yesjewellery.com ;
- CONSUMER – natural person purchasing Products through the YES Online Store for purposes not directly related to the person's economic or professional activities.
- BUYER – Customer being a Consumer;
- SERVICE RECIPIENT – natural person, legal person or unincorporated entity with statutory legal capacity that purchases the Products via the Online Store available at: www.yesjewellery.com and uses the Newsletter subscription; ORDER – offer to conclude a sale contract made by the Buyer through the yesjewellery.com Online Store.
- USER – any entity using the Online Store;
- ACCOUNT – individual administration panel of the User available after registering and logging in to the yesjewellery.comOnline Store, with a dedicated login and password, used to conclude sale contracts
- REGISTRATION – creation of the User's Account at the yesjewellery.com; Online Store.
- SALE CONTRACT – Goods sale contract concluded between the Seller and the Buyer through the Online Store or concluded directly at the point of collection – stationary Store.
- PRODUCT – any item sold through the yesjewellery.com Online Store;
- NEWSLETTER – service provided by electronic means, where commercial information on the Products is sent to the Service Recipients.
- FORM OF PAYMENT – form of paying for the ordered Product, selected by the Buyer when placing the Order out of the payment forms available on the website or chosen as a result of individual arrangements with the Store.
- FFORM OF DELIVERY – form of delivering the ordered Product, selected by the Buyer when placing the Order out of the delivery forms available on the website or chosen as a result of individual arrangements with the Store.
- SALES DOCUMENT – VAT invoice
- APPENDICES – information on the right to withdraw from the contract and the contract withdrawal form.
- CODE OF CONDUCT – rules of conduct accepted in the generally applicable law in the form of ethical and professional standards in order to combat unfair market practices, which are followed by the Seller.
- INFORMATION – information on the Product, placed next to the photograph of the Product, describing the most important features and characteristics of the given Product, enabling the Buyer to learn the Product's properties.
- BASKET – form of storing the Products selected by the Buyer to enable their purchase at a later time.
- PLACE OF PRODUCT ISSUE – place indicated by the Buyer in the Order to which the Product purchased by the Buyer is to be delivered.
- TIME OF PRODUCT ISSUE – time at which the Buyer or another person authorised to collect the Product sold under the concluded contract gains possession of the Product.
- ADDRESS FOR COMPLAINTS AND ADDRESS FOR WITHDRAWAL FROM THE CONTRACT – address(es) indicated by the Seller as the addresses for communications to which the indicated statements should be submitted.
- DELIVERABLE – Products or services selected by the Buyer and sold under the Contract. The items sold shall also include the delivery of the Product by the Seller if the Buyer selects one of the forms of Product delivery offered by the Seller.
- SERVICES PROVIDED BY ELECTRONIC MEANS – functions of the ICT system and IT system enabling the Service Provider to offer specific technical solutions such as: creating and maintaining an Account at the Online Store, providing the Newsletter Service and enabling placement of individual Orders through the Order Form available at the Online Store, without simultaneous presence of both Parties (remotely), through the transmission of data upon individual request of the Service Recipient, sent and received by means of equipment for electronic processing, including digital compression and storage of data, which are sent, received or transmitted entirely using a telecommunication system as defined by the Polish Telecommunications Law Act of 16 July 2004.
- ORDER FORM – technical system available at the Online Store that enables the Buyer to place the Order using the available form fields without the need for prior Registration at the Online Store.
- IT SYSTEM – technical structures, IT structures and software that enable transmission.
- DEFECT – legal defect or physical defect of the purchased Product
- Registration at the yesjewellery.com is free and voluntary.
- To register at the Store, Users shall fill out the Registration form available at the website of the Store, indicating their true personal details.
- In order to successfully complete the Registration process, the User shall provide the following personal details:
- a) First Name
- b) Last name
- c) E-mail adress
- d) Password
- e) Repeat password
- In addition to the details indicated in section 3 above, Users that are not Consumers within the meaning of Article 221 of the Polish Civil Code Act shall additionally specify the following:
- a) Company name
- b) NIP (Tax Identification Number)
- Optionally, the User may consent during the Registration to receive a Newsletter about promotions and new items available in the store to the e-mail address indicated at the time of Registration.
- When the User fills out the fields of the Registration form with the required details, the User Account shall be created.
- If the User's details required for Registration are changed, the User is requested to update them to make them consistent with the actual situation.
- If the User's details required during Registration are changed after the commencement of Order processing, the User shall be requested to update them and notify the Store about this.
- When the User fills out the fields of the Order Form, the delivery method shall be determined.
- Depending on the price of the Order, delivery may be provided for free or for a fee. Details concerning the delivery fee are included in section 4 of part V, “Order Processing”.
- Optionally, the Client may enter comments to the Order being placed.
- The Buyer may place orders at the Store on 24/7 basis through the www.yesjewellery.com website
- The Store conducts sales in the Republic of Poland and abroad.
- Information on the Products presented on the websites of the Store shall not constitute an offer within the meaning of the Civil Code; they shall be an invitation to conclude a sale contract.
- Order placement shall constitute an offer within the meaning of the Civil Code, made to the Seller by the Buyer.
- Registration and Account creation shall not be necessary to place an Order at the YES store. The Buyer may place an order through the Online Store without prior Registration.
- To place an Order, the Buyer shall add the Product to be bought to the “Basket”. Products of the following categories may be selected: NEW IN, JEWELLERY, ENGAGEMENT, DIAMONDS, COLLECTIONS. Adding the Product to the “Basket” shall not be equivalent to order placement. Products may be added to or removed from the “Basket”.
- The “Basket” enables the Customer to manage the Products to be ordered and recalculate Order prices.
- To finalise the Order, the Buyer shall add the selected Products to the “Basket”, confirm delivery and form of payment, select the “order & pay” option and then follow the provided instructions. Buyers may place Orders by logging into their Account or, if they do not have an Account, by indicating the details required for the Seller to implement the Contract in the form.
- After the Order has been correctly placed, it shall be deemed to be accepted. Orders placed thus shall be confirmed by e-mail. Therefore, the time of Contract conclusion shall be the time at which the Buyer sends back Order confirmation.
- The ordered Goods shall be delivered to the address indicated by the Buyer. The Customer may also select another delivery address for the Goods.
- When browsing the “Basket”, the Buyer shall be informed about the free, elegant packaging to be provided for the purchased Product. The Buyer may also select the following option: “Send as gift with good wishes”. Then, after prior notification of the Store, the invoice may be sent separately to the Buyer's address.
- Gemstones are natural materials. Therefore, due to their individuality, it may be impossible to create an item identical to the model offered by the Store. In such situations, the Store, upon prior consent of the Customer, may propose to the Customer a gemstone that is slightly different from the one available in the offering. The properties of such gemstones shall then have the same or higher market value. If the Customers do not consent to the replacement of the ordered gemstone with the proposed gemstone, they may withdraw from the concluded Contract with the Store without any consequences.
- Photographs and other forms of visualisation and presentation of jewellery available on the websites of the Store may not represent their actual size. The Seller has made all efforts to ensure that the presentation of the diamonds in special graphics gives an idea of their mass (size). The size is approximately represented on screens with 15.4" diagonal and resolution of 1280 x 800 pixels with default browser settings. This visualisation depicts the approximate quality of the stones. Due to the way jewellery is made – many designs are made by hand – the individual copies of the same model may be slightly different. For additional information, photographs, etc., the Buyer shall contact the Store.
- The Buyer may modify the Order until the time the Seller sends an e-mail confirming the shipment of the ordered Products.
- The Buyer may withdraw or modify the Order by e-mail to: email@example.com
- Orders for Products that have already been sent cannot be cancelled.
- The processing of Orders placed on business days after 1:30 PM CET and on Saturdays, Sundays and holidays shall commence on the following business day.
- The date of performance of the Contract concluded through the Online Store shall be the date on which the Buyer collects the package.
V PAYMENT METHOD
- All prices in the Store are gross prices that include the value added tax (VAT).
- The Store provides for the following payment methods:
- a) bank transfer/postal order/pay-by-link/credit card/PayPal – payment of the full calculated order price to the bank account of the YES store before the ordered Goods are delivered.
- The Buyer shall purchase the Goods and order the delivery service (if any) in accordance with the prices and costs of delivery applicable at the time of Order placement.
- The Seller reserves the right to modify the prices and amounts of delivery costs, in particular if the price lists of the services provided by the delivery companies change. This provision does not apply to Orders that are already being processed.
- If the payment form described in item “a” of section 2 is chosen, the failure to pay for the ordered Goods within 10 days from the date of Order placement shall result in the cancellation of the Order. This shall not prevent the Buyer from making another Order for the same Product.
- The current prices and amounts of delivery costs are presented on the subpage of the Online Store and are indicated on the Basket level.
- Delivery shall be made to the address indicated by the Buyer in the Order.
- A VAT invoice shall be issued with every Order.
- The ordered Goods shall be delivered by the GLS Poland courier company or its partner. Packages shall be delivered from 9:00 AM to 6:00 PM (CET) on business days. If the Buyer is not present, a notice shall be left. In some situations, upon a failed delivery attempt the packages shall be transferred to the GLS parcel collection point nearest to the Buyer.
- International shipment shall only be conducted by means of a courier company – the costs of international shipping shall be covered by the Buyer.
- Polish shipments should arrive at the Buyer's premises on the first business day following the date on which they were sent. International shipments delivered by the GLS Poland courier company should be delivered within 6 days from the date of dispatch.
- The Buyer may select other forms of delivery (carriers) than those offered at the Website of the Online Store. However, in such situations, the risk of loss or damage and the liability for the shipment shall be transferred to the Buyer upon issue of the package by the Seller.
- In the situation described above in section 7, the information about liability for the shipment shall be sent to the Buyer by the Seller by e-mail to the indicated contact address after Order placement.
- In the situation described above, the Buyer shall also bear the cost of the selected form of delivery.
- If the Seller is unable to deliver the items because the Goods are not available, it shall notify the Buyer about this within thirty days from the conclusion of the Contract. The Buyer shall then make the decision regarding the actions to be taken in respect of the Order.
- If the Seller is unable to deliver items with the properties individually ordered by the Buyer due to temporary circumstances, the Seller may, upon consent of the Buyer, deliver alternative items, with the same quality and intended use and for the same price or remuneration or in another manner agreed by the Parties.
- For Customer's convenience and in order to ensure the safety of the processed Order, the Seller assures that any inconvenience at any stage of the Order (if any) shall be consulted with the Customer and resolved by agreement of the Parties. The Seller shall make all efforts to satisfy the Customer.
- SThe Order delivery period is indicated next to the particular Goods, and it refers to shipments made in . . . . The period indicated next to the Goods does not refer to the following:
- a) Orders to be picked up at the store. The delivery period for such Orders may be extended to up to . . . business days.
- b) Orders for jewellery with diamonds and with specific, rare gemstones. The Customer shall be notified about this fact upon confirmation of the Order by the Store.
- The Consumer as defined by Article 221 of the Civil Code shall, if possible, check the condition of the Goods upon package delivery and draw up a suitable report in the presence of the delivering company (courier, postal operator, etc.). Checking the package will make it easier and quicker to pursue potential claims against the liable entity if the package suffers mechanical damage during transport. In such situations, the Consumer shall, as soon as possible, contact the Seller by e-mail to: firstname.lastname@example.org
- Buyers other than Consumers as defined by Article 221 of the Civil Code shall check the condition of the Goods upon package delivery in the presence of the representative of the delivering entity (courier, postal operator, etc.). If it is found that the package has suffered mechanical damage during transport, the Customer shall draw up a damage report and promptly contact the Seller by e-mail to: email@example.com
VII COMPLAINTS – IMPLIED WARRANTY
- Under contracts concluded with Consumers as defined by Article 221 of the Civil Code of the Sejm of the Republic of Poland, the Seller shall be liable to the Consumer in accordance with the principles specified in Article 556 and successive Articles of the Civil Code for physical or legal defects (implied warranty)
- The Seller shall be liable under the implied warranty if a physical defect is found within two years from the issue of the item to the Consumer, and if the sale concerns a used item – within a year from the issue of the item to the Consumer.
- The Consumer's claim for defect rectification or replacement of the item sold with a defect-free shall expire after the lapse of one year from the discovery of the defect, but not earlier than two years from the issue of the item to the Consumer, and if the item sold is a used item – not earlier than one year from the time of issue of the item to the Consumer.
- If the shelf life of the item specified by the Seller expires two years after the issue of the item to the Consumer, the Seller shall be liable under the implied warranty for the physical defects of such items if they are found before the lapse of this period.
- A physical defect shall mean an inconsistency of the item sold with the Contract. In particular the item sold shall be regarded as inconsistent with the Contract if:
- a) It does not have the properties it should have considering the purpose specified in the Contract or arising from the circumstances or intended use;
- b) It does not have the properties it was supposed to have according to the Seller's assurances made to the Buyer, including the assurances made by presenting a sample or design;
- c) It is not fit for the purpose communicated to the Seller by the Buyer upon conclusion of the Contract, and the Seller has not made any reservations concerning such intended use of the item;
- d) It was incomplete when issued to the Buyer.
- The Seller's assurances shall be deemed to be equivalent to the public assurances of the manufacturer or its representative, persons selling the item as part of their business and persons representing themselves to be the manufacturer by placing their name, trade mark or another distinguishing symbol.
- The Seller shall be released from the liability specified in section 5c only if:
- a) It proves that it did not know the assurances or could not have reasonably known them;
- b) It demonstrates that the assurances could not have affected the Consumer's decision;
- c) The assurances had been corrected before the Contract was concluded with the Seller.
- The item sold shall also be deemed to have a physical defect when it has been incorrectly installed and started if these activities have been performed by the Seller or by a third party for which the Seller is liable, or if they have been carried out by the Buyer in accordance with the instructions received from the Seller.
- For Contracts concluded with a Consumer, if a physical defect is found before the lapse of one year from the issue of the item, it shall be deemed that the defect existed at the time at which the risk was transferred to the Consumer. If a defect is found after the lapse of one year from the issue of the item, the obligation to demonstrate that the Product was defective at the time of purchase shall rest on the Consumer.
- If the item sold is defective, the Consumer may:
- a) Submit a statement with a demand to reduce the price;
- b) Submit a statement on withdrawal from the Contract;
- c) Demand that the Product be replaced with a defect-free Product;
- d) Demand that the defect be rectified.
- The Consumer may not withdraw from the Contract if the defect is a minor defect.
- Consumers that exercise their rights under the implied warranty shall deliver the defective item to the Address for Complaints at the expense of the Seller, and if the delivery of the item by the Consumer is too difficult due to the type of the item or the method of its installation, the Consumer shall make the item available to the Seller in the location of the item. If the Seller defaults on its obligation, the Consumer shall have the right to send the item back at the expense and responsibility of the Seller.
- The Seller requests that a description of the inconsistency of the Goods with the Contract be enclosed to facilitate complaint processing.
- The Seller shall address the Consumer's claim within 14 (fourteen) days. Otherwise, it shall be deemed that the Seller has found the statement or demand of the Consumer to be legitimate.
- In the situation where the Consumer makes the request indicated in section 10 a or b, the Seller may replace the defective item with a defect-free item or rectify the defect, provided that this is done promptly and without undue inconvenience to the Consumer.
- However, if the item has already been replaced or repaired by the Seller or if the Seller has not fulfilled the obligation to replace the item with a defect-free item or rectify the defect, the Seller shall not have the right to replacement of the item or rectification of the defect.
- The Consumer may, instead of the defect rectification proposed by the Seller, demand that the item be replaced with a defect-free item or, instead of the replacement, demand that the defect be rectified, unless making the item consistent with the Contract using the method selected by the Consumer is impossible or would be too expensive in comparison to the method proposed by the Seller – the determination if the selected method is too expensive shall be done with consideration of the value of a defect-free item, significance of the discovered defect and the inconvenience to the Consumer that would be generated by the other method of satisfying the Consumer's claim.
- The Seller may refuse to meet the Consumer's demand if making the defective item consistent with the Contract using the method selected by the Consumer is impossible or – in comparison to the second, possible method of making such item consistent with the Contract – would require excessive costs.
- If the price is reduced, the proportion between the reduced price and the price stipulated in the Contract shall be the same as the proportion between the value of defective items and the value of defect-free items.
- The Seller shall replace the defective item with a defect-free item or rectify the defect within a reasonable period without undue inconvenience to the Consumer.
- If the defective item has been installed, the Consumer may demand that the Seller remove and reinstall the item after replacing it with a defect-free item or rectifying the defect. If the Seller defaults on its obligation, the Consumer shall have the right to perform these activities at the expense and responsibility of the Seller.
- The Seller may refuse to remove and re-install the item if the cost of these activities is higher than the price of the item sold.
- In the situation described above, the Consumer may demand that the Seller remove and re-install the item. However, the Consumer shall pay the part of the costs equal to the amount by which such costs exceed the value of the item sold, or the Consumer may demand that the Seller pay a part of the costs of the removal and re-installation of the item up to the amount of the price of the item sold.
- The Seller's liability under the implied warranty shall be excluded if the Contracts are concluded with Customers that are not Consumers as defined in Article 221 of the Polish Civil Code, in accordance with Article 558 § 1 of the Civil Code.
- In accordance with the periods specified in sections 2, 3 and 4 of this part hereof, the Consumer may submit a statement on withdrawal from the Contract or reduction of the price due to a physical defect of the item sold, and if the Consumer demanded the replacement of the item with a defect-free item or rectification of the defect, the run of the period for the submission of the statement on withdrawal from the Contract or reduction of the price shall start upon the unsuccessful lapse of the period for the replacement of the item or rectification of the defect.
- W przypadku dochodzenia przed sądem, sądem polubownym jednego z uprawnień z tytułu rękojmi termin do wykonania innych uprawnień, przewidzianych Ustawą, przysługujących Konsumentowi z tego tytułu ulega zawieszeniu do czasu prawomocnego zakończenia postępowania w tej sprawie. Odpowiednio zasady te stosuje się również do postępowania mediacyjnego, przy czym termin do wykonania innych uprawnień z tytułu rękojmi, przysługujących Konsumentowi, zaczyna biec od dnia odmowy przez sąd zatwierdzenia ugody zawartej przed mediatorem lub bezskutecznego zakończenia prowadzonej mediacji.
- If one of the rights under the implied warranty is pursued before a court or arbitration court, the run of the period for the exercise of other statutory rights granted to the Consumer for this reason shall be suspended until the valid conclusion of the proceedings in this regard. These principles shall also apply accordingly to the mediation proceedings. The period for the exercise of other rights of the Consumer under the implied warranty shall start its run on the date on which the court refuses to approve the settlement concluded before the mediator or on the date on which the mediation proceedings are concluded to no avail.
- The run of the period for the exercise of the rights under the implied warranty for legal defects of the item sold shall start on the date on which the Consumer learns about the existence of the defect, and if the Consumer has only learned about the existence of the defect as a result of a claim of a third party, the run of the above-mentioned period shall start on the date on which the judgement or another decision of the relevant authority issued in the dispute with the third parties becomes valid.
- If, due to a defect of the item sold, the Consumer has submitted a statement on withdrawal from the Contract or price reduction, the Consumer may demand that the damage it suffered by concluding the Contract without knowing the existence of the defect be redressed, even if the defect is a result of circumstances for which the Seller is not liable. In particular, the Consumer may demand refund of the costs of the Contract, costs of collection, transport, storage and insurance of the item, refund of the expenses paid to the extent to which the Consumer benefited from them but was not refunded by the third party and litigation costs.
- This shall not prejudice the generally applicable regulations on the obligation to redress the damage under the general principles.
- If the Seller conceals the defect, the lapse of the period shall not exclude the rights under the implied warranty.
- The address for complaints shall be as follows: YES Biżuteria Sp. z o.o. ul. Świerzawska 1, 60-321 Poznań, Poland
- Since 15 February 2016, the Consumer may also use out-of-court complaint and claim resolution methods by means of the ODR platform in accordance with Regulation (EC) No 524/2013 of 21 May 2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- To use the additional option of the out-of-court resolution of disputes concerning online purchases, the Consumer may also file their complaint using the online ODR platform of the EU, available at: http://ec.europa.eu/consumers/odr/
- The objective of the ODR platform is to enable fair, out-of-court, effective and swift online resolution of disputes between Consumers and traders relating to contractual obligations under online sales or service contracts between consumers resident and traders established in the Union.
VIII EXPRESS WARRANTY
- The Goods sold through the yesjewellery.com Online Store shall be covered by the express warranty of the Seller and the Manufacturer. The Manufacturer and the Seller shall provide a one-year express warranty for the purchased Product. The Seller shall be liable for the inconsistency of the Goods with the Contract under the implied warranty specified in part VII, “Complaint – Implied Warranty”.
- The specific terms of the express warranty are included in the warranty form issued by the warrantor.
- The Consumer shall have the right to exchange the given Goods for a different size or model within 14 days from the receipt of the Product.
- The costs of shipment both ways shall be borne by the Consumer.
- The returned Goods shall not bear traces of use, and they shall have the original packaging and the labels. Otherwise, the Goods shall be returned to the Buyer at the Buyer's expense.
- The items shall be exchanged promptly after the Store receives the package, within 14 days from the date of receipt.
- Replacements shall be agreed in advance with personnel of theyesjewellery.com Online Store
X WITHDRAWAL FROM THE CONTRACT – PRODUCT RETURNS
- A Consumer that concludes a Remote Contract under Article 27 of the Polish Consumer Rights Act may withdraw therefrom for convenience and without any costs, excluding the costs specified in Articles 33, 34 and 35 of the Polish Consumer Rights Act, by submitting a relevant written statement within 14 days from the delivery of the Deliverable. To comply with this period, it shall be sufficient for the statement to be sent before its expiry. The statement may be sent by e-mail to: firstname.lastname@example.org by letter to:
YES Biżuteria Sp. z o.o.
ul. Świerzawska 1
- The statement may be submitted in the form included in the Appendix hereto, which is sent to the Consumer with the Product and which is also available at the following address:www.yesjewellery.com or in another form, in accordance with the Polish Consumer Rights Act.
- With the statement referred to in section 1, the Customer shall also send information about the current account number to which the payment should be returned.
- The Seller shall promptly confirm the receipt of the statement on withdrawal from the Contract to the Consumer. Such a confirmation shall also be sent to the e-mail address indicated upon Order placement or specified as the contact address on the submitted statement on withdrawal from the Contract.
- If the Contract is withdrawn from, it shall be considered void.
- The Consumer shall return the Product(s) promptly, within 14 days from the date of withdrawal from the Contract.
- Consumers shall return the item(s) sold under the Contract to be withdrawn for at their own expense and responsibility.
- For the Consumer's comfort and convenience, the Seller shall provide the measures indicated in the section below.
- To return the Goods, the Buyer shall contact Customer Service. Upon request of the Buyer, the Seller shall request a courier company to collect the package from the specified address in Poland. If the package is sent directly by the Buyer, the company shall refund the Buyer's costs (i.e., the fee for the registered priority mail in accordance with the price list of Poczta Polska) if the package is sent in Poland.
- The Consumer be liable for the reduction of the value of the Product(s) sold under the Contract caused by the use of the Product(s) that extends standard handling of the Product required to determine its functionality and nature.
- The Seller shall promptly (within 14 days from the receipt of the statement on withdrawal from the Contract by the Consumer) refund all of the payments made by the Consumer, including the cost of Product delivery, subject to the following conditions:
- a) The Seller shall refund the payment using the payment method used by the Consumer, unless the Consumer expressly consents to a different refund method that does not generate any costs on the part of the Seller.
- b) If the Consumer selects a method of Product delivery other than the least expensive regular method of delivery offered by the Seller, the Seller shall not be obliged to refund the extra costs borne by the Consumer.
- c) The Consumer shall be liable for the reduction of the value of the Product resulting from any use of the Product other than the use necessary to determine the nature, properties and functionality of the Product, as discussed in section 10 above.
- f Consumers withdraw from a Remote Contract for services that commenced, upon consent of the Consumer, before the lapse of the period for withdrawal from the Contract, they shall be obliged to pay for the services provided by the time of withdrawal from the Contract.
- The amount to be paid shall be calculated proportionately to the extent of the service provided, in accordance with the price or remuneration stipulated in the Contract. If the price or remuneration are excessive, this amount shall be calculated based on the market value of the provided service.
- Consumers shall not bear the costs of delivering digital content not recorded on a physical medium if they have not consented to the provision of the service before the lapse of the period for withdrawal from the Contract or if they have not been notified about the loss of their period for the exercise of the right to withdraw from the Contract upon making such consent, or if the trader has not delivered the confirmation as defined in Article 15(1) and Article 21(1) of the Polish Consumer Rights Act.
- The Seller may wait with the refund of the payment received from the Consumer until the item is sent back or until the Consumer provides proof that it has been sent back, whichever is sooner.
- Consumers as defined under Article 39 of the Polish Consumer Rights Act shall not have the right to withdraw from the following Contracts:
- a) The Contract for service provision if the trader has fully performed the service upon express consent of the Consumer, who was informed before the provision of the service commenced that the provision of the service by the trader would void the Consumer's right to withdraw from the Contract;
- b) The Contract where the price or remuneration depend on fluctuations on the financial market that are beyond the Seller's control and that may occur before the lapse of the period for withdrawal from the Contract;
- c) The Contract where the deliverable is an non-prefabricated item, produced in accordance with the Consumer's specifications or designed to meet the Customer's individual needs;
- d) The Contract where the deliverable is an item that is quickly spoiled or that has a short shelf life;
- e) The Contract where the deliverable is an item delivered in sealed packaging that cannot be returned for reasons related to health and hygiene if the packaging is opened after delivery;
- f) The Contract where the deliverable is an item that becomes permanently joined with other items upon delivery due to their nature;
- g) The Contract where the deliverable are alcoholic beverages, their price has been agreed upon the conclusion of the sale contract, their delivery may take place only after 30 days, and their value depends on fluctuations on the market that are beyond the trader's control;
- h) The Contract where the Consumer expressly demands the trader to come to the Consumer's premises to make urgent repair or maintenance; if the trader also provides other services than the ones demanded by the Consumer or delivers items other than the spare parts required to carry out the repair or maintenance activities, the Consumer shall have the right to withdraw from the Contract in respect of the additional services or items;
- i) The Contract where the deliverable are sound recordings or visual recordings or software delivered in sealed packaging, if the packaging has been opened after delivery;
- j) The Contract for the delivery of daily papers, periodicals or magazines, excluding subscription contracts;
- k) The Contract concluded by way of a public auction;
- l) The Contract for the provision of accommodation services for purposes other than residential, transport of items, car rental, catering, leisure services and services related to entertainment, sports or cultural events, if the Contract specifies the date or period for the provision of the service;
- m) The Contract for the delivery of digital content not recorded on a physical medium if the delivery of such content starts upon express consent of the Consumer before the expiry of the period for withdrawal from the Contract and after the trader informed the Consumer about the loss of the right to withdraw from the Contract.
- Powyższe wskazanie nie wyłącza odpowiedzialności Sprzedawcy określonych w dziale VII Reklamacje, w związku z niezgodnością towaru z umową.
- In accordance with the provision in section 16c hereinabove, deliverables produced according to the Consumer's specifications or used for the Consumer's individual needs shall not entitle the Consumer to withdraw from the Contract. Such Products include items made upon individual request of the Consumer, i.e., items that include, without limitation: individual engraving made upon the Consumer's request (e.g., rings, necklaces of the “Your word” collection, pendants) and Products not available in the standard YES offering, imported upon special request of the Buyer. Products with special properties, i.e., properties specified by the Consumer in the Consumer's Order or made upon request of the Buyer, i.e., strictly related to the Buyer, shall not be subject to return.
- The above provision shall not exclude the Seller's liability specified in section VII, “Complaints,” if the Goods are inconsistent with the Contract.
- To return jewellery with gemstones or pearls, the Buyer shall contact the Seller because, in accordance with section 5e hereof, jewellery with gemstones or pearls, due to their individual nature or properties, shall not be subject to return. However, the Seller may permit this upon terms individually agreed with the Buyer.
XI PROVISION OF SERVICES BY ELECTRONIC MEANS
- Through its Online Store available at: www.YESJewellery.com, the Seller shall provide the following Electronic Services:
- a) creating and maintaining an Account at the Online Store;
- b) enabling Order placement using a suitable Form;
- c) Newsletter.
- The Service Provider shall provide the Electronic Services for free.
- The Contract for the provision of Electronic Services involving the maintenance of an Account at the Online Store and provision of the Newsletter Service shall be concluded for an indefinite period.
- The Contract for the provision of the Electronic Services where the Service Provider enables Order placement by means of a suitable Form shall be concluded for a definite period and shall be terminated when the order is placed or when the Service Recipient cancels the Order placement.
- The Service Recipient shall use the Online Store in accordance with the law and good practices, without violation of personal rights and intellectual property rights of third parties. The Service Recipient shall be prohibited from delivering unlawful content. It shall be prohibited to use Electronic Services in a manner that unlawfully disrupts the operation of the Online Store by using specific software or devices and distribution or posting of undesirable commercial information at the Online Store
- The Service Recipient may submit complaints relating to the provision of the Electronic Service through the www.YES Online Store by e-mail to: email@example.com or by letter to: YES Biżuteria Sp. z o.o., ul. Świerzawska 1, 60-321 Poznań, Poland The Service Provider shall promptly consider the complaint, within 14 days from the date on which it was sent.
- The Service Recipient may terminate an indefinite Contract for the provision of a continuous Electronic Service for convenience, at any time and with immediate effect, by sending a suitable statement by e-mail to: firstname.lastname@example.org or by letter to: YES Biżuteria Sp. z o.o., ul. Świerzawska 1, 60-321 Poznań, Poland
- The Service Provider may terminate an indefinite Contract for the provision of the Electronic Service if the Service Recipient objectively or persistently breaches the Terms and Conditions, in particular when the Service Recipient delivers unlawful content, after a single notice to desist, indicating a suitable period, has been made to no avail. In such a case, the Contract shall expire 7 days after the statement on the will to terminate is made.
- Upon agreement of the Parties, the Service Provider and the Service Recipient may terminate the Contract for the provision of Services by electronic means at any time.
- The termination of an indefinite Contract for the provision of electronic services by the Service Provider or Service Recipient shall not prejudice the rights or performances acquired by the Parties during the term of the Contract.
- The Service Provider shall reply to Complaints to the e-mail address indicated by the Service Recipient or in another manner agreed by the Parties.
XII FINAL PROVISIONS
- These Terms and Conditions may be amended upon prior notice to the Users about the scope of the planned changes, which shall be submitted no later than 14 days before the effective date of the amendments.
- Orders placed when the previous version hereof was applicable shall be processed in accordance with the provisions of this previous version. Users that do not consent to the amendments hereto may delete their Accounts.
- Any disputes between the Seller and the Customer being a Consumer as defined by Article 221 of the Polish Civil Code shall be resolved by the competent common court in accordance with the Code of Civil Procedure.
- Any disputes between the Seller and the Customer other than a Consumer as defined by Article 221 of the Polish Civil Code shall be resolved by the common court local to the registered office of the Store.
- Users may contact the Seller as follows:
- a) telefon: 61 861 12 90 61 861 12 90
- b) e-mail: email@example.com
- c) pby using the contact details specified at: yesjewellery.com/contact-us
- d) by mail to: YES Biżuteria Sp. z o.o., ul. Świerzawska 1, 60-321 Poznań, Poland
- Buyers may access these Terms and Conditions at any time using the link included on the homepage of the yesjewellery.com Online Shop
- The Terms and Conditions may be recorded, acquired and reproduced by printing or saving on a suitable data medium.
- The name of the yesjewellery.com, Online Store, the address at which it is available: www.yesyewellery.com and all materials included therein are subject to copyright and legal protection. Their use and dissemination without the consent of the Store owner is prohibited.
- These Terms and Conditions shall be effective as of . . . .
To download the current Terms and Conditions, please click this link.
To learn the content of the withdrawal form, please click this link.
To learn the content of the withdrawal form instruction, please click this link.
To learn the content of the replacement form, please click this link.
To learn the content of the complaint form, please click this link.