Terms and conditions of the online store
§ 1
Preliminary provisions
1. The YUMREY online store, available at www.yumrey.com, is operated by Mind Productions Artur Strączek (company name) with its registered office in Nielepkowice 1, 37-522 Wiązownica, NIP 7922306840, REGON 384045404
2. The entity providing online payment services is Przelewy24
§ 2
Definitions
1. Consumer – a natural person entering into a contract with the Seller within the Store, the subject matter of which is not directly related to their business or professional activity.
2. Seller – a natural person conducting business activity under the name Mind Productions Artur Strączek, entered into the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for economic affairs, Tax Identification Number (NIP) 7922306840.
2. Customer – any entity making purchases through the Store.
3. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing in its own name a business that uses the Store.
4. Store – online store operated by the Seller at www.yumrey.com
5. Distance Contract – a contract concluded with the Customer as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
6. Regulations – these rules and regulations of the Store.
7 Order – a declaration of will of the Customer submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
8. account – a customer’s account in the Store, it collects data provided by the Customer and information about orders placed by him in the Store.
9. registration form – a form available in the Store to create an Account.
10. Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
11. shopping cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
12. Product – a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
13. Sales Contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Sales Contract is also understood – applying to the characteristics of the Product – as a contract for the provision of services and a contract for work.
§ 3
Shop Contact
1. Seller’s address: Mind Productions Artur Strączek, Nielepkowice 1, 37-522 Wiązownica
2. Seller’s email address: contact@yumrey.com
3. Seller’s telephone number: +48 882758758
4. Seller’s bank account number: 46 1020 4900 0000 8202 3228 9217
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
6. The Customer may communicate with the Seller by telephone between 10:00 a.m. and 6:00 p.m.
§ 4
Technical requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:
a. a device with internet access and a Chrome/Firefox browser,
b. an active email account,
c. cookies enabled,
§ 5
General information
1. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the Customer’s technical infrastructure. 2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the Order to be processed without creating an Account.
(3) Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
(4) The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
(5) In the case of an Agreement covering subscriptions or services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
(6) When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate in advance the amount of the final (final) price, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the description of the Product.
7 Orders are processed up to 5 working days when the product is in stock. In the case of a “Pre-Order” order, the product is delivered to the customer up to 5 working days after the product is delivered to the store warehouse.
§ 6
Ordering Rules
In order to place an Order, you must:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the “To Cart” button (or equivalent);
3. log in or use the option to place an Order without registration;
4. if you have chosen the option of placing an Order without registration – fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
5. click the “Order and pay”/click the “Order and pay” button and confirm the order by clicking on the link sent in the email,
6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 7.3.
§ 7
Available Delivery and Payment Methods
1. The Customer can use the following delivery or collection methods for the ordered Product:
a. Postal delivery,
b. Courier delivery,
2. The Customer can use the following payment methods:
a. Payment by bank transfer to the Seller’s account
b. Electronic payments
c. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
3. Payments in our store are processed by Przelewy24
4. Available payment methods:
Payment cards:
* Visa
* Visa Electron
* MasterCard
* MasterCard Electronic
* Maestro
§ 9
Execution of the sales contract
1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions. 2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. 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 email, a Sales Contract is concluded between the Customer and the Seller.
3. For card payments, order processing time is counted from the moment of obtaining positive authorization.
4. The Product will be shipped by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
5. A In case of ordering Products with different delivery dates, the delivery date is the longest date given.
B In the case of an order for Products with different delivery times, the Customer has the option to request delivery of the Products in parts, or delivery of all the Products once the entire order has been completed.
(6) The beginning of the period of delivery of the Product to the Customer is calculated as follows. If the Customer chooses payment by bank transfer, electronic payment, or payment card, the payment will be made from the date the Seller’s bank account is credited.
7. Product delivery is available worldwide.
§ 10
Right of withdrawal
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason, but the product must be returned undamaged.
2. The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person designated by the Consumer other than the carrier.
3. In the case of an Agreement covering multiple Products delivered separately, in batches, or in parts, the period specified in paragraph 1 begins upon delivery of the last item, batch, or part.
4. In the case of an Agreement involving the regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 begins upon taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the withdrawal period, it is sufficient for the Consumer to send the declaration before the expiry of this period.
6.The declaration may be sent by traditional mail, fax, or electronically by sending the declaration to the Seller’s email address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3 of these Terms and Conditions and the Annex to the Act of 30 May 2014 on Consumer Rights, but this is not mandatory.
7. If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the email address provided by the Consumer.
8. Consequences of withdrawal from the Agreement:
a. In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
b. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
c. The Seller will refund the payment using the same payment method used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer.
d. If a refund is required for a transaction made by the Customer with a payment card, the Seller will refund the funds to the bank account assigned to the Customer’s payment card.
e. The Seller may withhold the refund until the Product is received back or until proof of its return is provided, whichever occurs first.
f. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer returns the Product before the 14-day period expires.
g. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
h. The Consumer is only liable for any diminished value of the Product resulting from its use other than necessary to establish the nature, characteristics, and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
10. The Consumer does not have the right to withdraw from a distance contract in relation to a Contract:
a. in which the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet their individual needs,
b. where the subject of the service is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
c. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Agreement,
d. where 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 withdrawal period,
e. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things,
§ 11
Complaints and Warranty
1. The Sales Agreement covers new Products.
2. If a defect occurs in a product purchased from the Seller, the Customer has the right to file a complaint based on the warranty provisions of the Civil Code.
3. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.
4. Goods returned under the complaints procedure should be sent to the address provided in § 3 of these Terms and Conditions.
5. If a warranty has been granted for the Product, information about it and its content will be included in the Product description in the Store.
6 Complaints are processed within 14 days of receipt of the advertised product at the address indicated
(7) Before sending the product for complaints, you must send an email with the information to the email indicated in § 3.
§ 12
Out-of-court complaint and redress procedures
1. Detailed information on the possibility for the Consumer to use extra judicial methods of complaint handling and redress as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. Consumers have the following examples of options for using out-of-court complaint and redress procedures: The consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. On Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to turn to the provincial inspector of the Commercial Inspection, in accordance with Art. 36 of the Law of December 15, 2000. on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
c. A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
§ 13
Personal data in the Online Store
1. The Seller is the controller of Customers’ personal data collected via the Online Store.
2. Personal data collected by the Store via the Online Store are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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), also known as the GDPR.
3. The Store takes special care to respect the privacy of Users visiting the Online Store.
4.Customer personal data collected by the Administrator through the Online Store is collected for the purpose of fulfilling the Sales Agreement and, if the Customer consents, also for marketing purposes.
5. The recipients of the personal data of Customers of the Online Store may be:
a. In the case of a Customer who uses the Online Store’s delivery method by post or courier, the Administrator shares the collected Customer personal data with the selected carrier or intermediary handling shipments on behalf of the Administrator.
b. In the case of a Customer who uses the Online Store’s electronic payment method or payment card, the Administrator shares the collected Customer personal data with the selected entity handling these payments in the Online Store.
4. The Customer has the right to access and correct their data.
5. Providing personal data is voluntary, however, failure to provide the personal data required to conclude the Sales Agreement, as specified in the Terms and Conditions, will result in the inability to conclude the Agreement.
§ 14
Final Provisions
1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, including: changes in legal provisions, changes in payment and delivery methods – to the extent such changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any changes at least 7 days in advance.
3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; and the Personal Data Protection Act.
4. The Customer has the right to use out-of-court complaint and redress procedures. For this purpose, he can file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
