TERMS AND CONDITIONS OF YAPPCO ONLINE SHOP
YAPCO
I. General terms and conditions
II. Definitons
III. Type and scope of services
IV. Conditions for the provision and concluding contracts for the provision of electronic services.
V. Terms and Conditions of Sale Contracts
VI. Methods of payment
VII. Costs, methods and times of delivery
VIII. Conditions to terminate contracts for provision of electronic services
IX. Returns and claims policy
X.Right of withdrawal
XI. Personal information in the Shop
Final provisions
GENERAL TERMS AND CONDITIONS
1. The online shop at www.yappco.bio website is operated by Yappco Private Limited Company, hereinafter referred to as "Yappco", operating and entered into the National Court Register, NCR number: 0000573032, VAT identification number: 9482604438, REGON: 362381036, at the address: ul. Ignacego Mościckiego 1, postal code 24–110 Puławy, Poland, at the e-mail address: contact@yappco.bio and tel. +48 48 307 01 20.
2. The operation rules of the online shop at www.yappco.bio website, owned and controlled by Yappco, are set in these Terms and Conditions.
3. Hereby Terms and Conditions determine the type, scope and rules concerning provision of services, the conditions to conclude and terminate contracts for the provision of services by electronic means, including sales contracts, as well as complaint procedures, within Yappco's electronic operation via the online shop at www.yappco.bio.
4. A Service Receiver taking steps to purchase goods and services via the www.yappco.bio online shop is obliged to read and comply with these Terms and Conditions.
5. To place an order in the online shop it is necessary for the Customer to read and accept these Terms and Conditions either before or while placing an order.
6. The www.yappco.bio online shop sells its products via the Internet in Poland and in the world.
7. Products offered in the online shop are new, free of legal defects and have been legally placed on the Polish market.
8. The products have the manufacturer's warranty. Yappco is either a manufacturer or a distributor of the merchandise. As the manufacturer, the company is liable under the warranty for the sold merchandise.
9. In matters not covered by these Terms and Conditions, the following regulations shall apply: the Act of the Civil Code of 23 April 1964 (Journal of Laws of 2019, item 1145, as amended), the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2019, item 123); the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2019, item 134), the Act of 16 February 2007 on Competition and Consumer Protection (Journal of Laws of 2019, item 369), and other relevant provisions of Polish law and relevant EU regulations and acts.
10.These Terms and Conditions are addressed both at Consumers and Entrepreneurs using the Online Shop, and determine the rules of using the Online Shop and concluding Distance Sales Contracts
11.All names of products displayed on the website of the Online Shop of the Seller are used for identification purposes and may be protected under the Act on industrial property law (Journal of Laws of 2017, item 776)
DEFINITIONS
1.Business day –any day except any Saturday, any Sunday, or any day which is a federal legal holiday or any day on which banking institutions are authorized or required by law or other governmental action to close.
2. A consumer – a service receiver/recipient, a natural person who enters into a legal transaction which is not directly related to their trade or profession.
3. A customer - a service receiver/recipient, a legal entity who intends to conclude or has concluded a sales contract with the seller
4. An Account - is a set of resources in the ICT system of the Service Provider protected by the username (login) and password provided by the Service Receiver, in which the Service Receiver’s data and the information about their Orders at the Online Shop are collected.
5. Terms and Conditions – these Terms and Conditions of the Online Shop
6. Online Shop – shall refer to the online shop of the Service Provider operating at www.yappco.bio
7 .The Seller, the Service Provider – shall refer to Yappco Private Limited Company, operating and entered into the National Court Register, NCR number: 0000573032, VAT identification number: 9482604438, REGON: 362381036, at the address: ul. Ignacego Mościckiego 1, postal code 24–110 Puławy, Poland.
8. PRODUCT shall refer to a movable good available at the Online Shop and the subject of the Sales Contract between the Customer and the Seller.
9. The Sales Contract – shall refer to a contract to sell the product concluded between the Customer and the Seller via the Internet Shop.
10. The Purchaser/Buyer or the Service User (Recipient/ Receiver) – shall refer to a natural person, a legal entity or an organizational unit without legal personality who is given the legal capacity by statutory provisions, who uses the Electronic Service.
11. The Order - shall refer to the Customer's declaration of intent to enter into a Product Sales Contract with the Seller
12. NEWSLETTER - shall refer to the free e-mail information service available by subscription and allowing Users (Consumers and Customers) to receive updates on Products available in the Online Shop from the Service Provider at the email address provided by the User.
13. The Registration Form – the form available at www.yappco.bio allowing for creating an Account.
14. The Order Form – the form available at www.yappco.bio allowing for placing the Order by adding products to the (Shopping) Basket, and specifying the conditions of the Sales Contract including the delivery and payment methods.
15. Electronic Service – a service provided by the Service Provider for the Recipient via the Online Shop by electronic means.
16 .The Basket/ (shopping basket) - a component of the Shop Software that shows Products selected by the Customer for purchase, and which allows the Customer to determine and modify the details of the Order, including, but not limited to product quantities.
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider allows for using the following electronic services via the online shop:
Conclusion of Sales Contracts for the product,
Maintaining an Account in an online shop
Sharing information by a Newsletter.
2. The provision of Services to Recipients in the Online Shop is subject to the terms and conditions set out in the Terms and conditions. Through the Online Shop, the Seller will conduct retail sales. Through the Shop, the Customer may purchase the products shown on the websites of the Shop. The Terms and Conditions are an integral part of the Sales Contract between the Customer and the Seller.
3. The Service Provider is entitled to post advertising content on the website of the Online Shop. The advertising content referred to in the preceding sentence is an integral part of the Online Shop and the content it displays.
4. The Online Shop may use cookies. It is possible to block cookies by changing your browser settings. Limitations on the use of cookies may affect some of the functions available on www.yappco.bio. Cookies are small text files that store data locally on a computer or other devices.
5. Through cookies, the web site server can store information about, for example, preferences and settings for your computer or other device that is used during your next visit. Cookies are used to make the Online Shop www.yappco.bio user-friendly, so that, for example you can visit it without having to sign in again.
6. Cookies stored on your end device may also be used by co-operating advertisers and partners
IV. CONDITIONS FOR THE PROVISION AND CONCLUDING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The period of the validity of the contract
The Contract for providing e-Service for the Account and the Newsletter in the Online Shop shall be concluded for an indefinite period.
The Contract for providing e-Service to enable to place an Order in the Online Shop shall be concluded for a fixed period and shall be terminated once the Order is placed or the recipient ceases to place it.
2. The minimum technical requirements necessary for the operation of the electronic system used by the Service Provider are:
Computer with Internet access.
Access to e-mail.
Web browser
Enabling Cookies and Javascript in your Web Browser.
3. The recipient of the service shall use the online shop in a lawful manner with consideration and respect for the personal property and intellectual property rights of third parties
4. The Service Recipient is obliged to enter data consistent with the facts.
5. The Service Recipient shall be prohibited from supplying illegal content.
6. The Service Provider reserves the right to: shut down the Online Shop temporarily without prior notice to Recipients; remove all the content from the Online Shop in emergency situations through no fault of the Service Provider; to remove information or block a Recipient in case of violation any of the terms of the Terms and Conditions or the law, or adversely affects the good name of the Service Provider or harms the Service Provider in any other way.
V. TERMS AND CONDITIONS OF SALE CONTRACTS
1. The information on the websites of the online shop is not an offer within the meaning of the law. The Customer or the Consumer shall, when placing the order, make an offer to buy a particular product on the terms set out in the Product description.
2. If some or all products making up the order are not available, the Customer or the Consumer shall be notified by email or telephone and requested to make a decision on further proceedings (to cancel the Order, process the partial Order, accept a longer processing time, select an alternative product to replace the unavailable one).
3. The price of the Product shown on the website of the Online Shop is given in Polish zloty (PLN) or euro (EUR) and contains all the components, including VAT. The price does not include the shipping costs and, if applicable, the import customs duties to the country where the Order is to be delivered.
4. The price of the product displayed on the website of the Online Shop is binding upon the time the Order is placed by the Customer or the Consumer. This price will not change regardless of any price changes in the Online Shop that may occur for individual products after the Customer or the Consumer has placed the Order.
5. For placing an Order it is not obligatory for the Customer or the Consumer to register an Account in the Online Shop.
6. Orders can be placed via the website using the Order Form (Online Shop www.yappco.bio - 24//7 all year round),
To place an Order you are required to:
a) sign in to the Shop (optional)
b) select the product you wish to order, then click "Add to Basket" (or equivalent);
c) sign in or use the possibility to place an Order without registration (as a guest);
d) if you have chosen to place an Order without registration, complete the Order Form by entering the details of the Order receiver and the address to which the product is to be delivered, select the shipping method (how the product is to be delivered), select one of the available payment methods and, depending on the payment method, pay for the Order, enter the details in the invoice, if required and if the details are different from the details of the Order receiver,
e) click on the “I order and pay” button/icon
7. In order to conclude the Sales Contract it is obligatory for you to place an Order via the means provided by Yappco. Once the Order has been placed, you will be notified by the Yappco Shop with ‘Order Confirmation’, which will make the Order binding. ‘Order Confirmation’ is sent by email and shall include all important details of the Order, such as: confirmation of receiving the Order, accepting the Order, information about the possibility to withdraw from the Contract.. Upon receiving the above mentioned ‘Order Confirmation’ a Sales Contract shall be concluded between you and Yappco under the provisions of Chapter V, paragraph 2 of herein Terms and Conditions. Should a dispute arise between you and Yappco, the contract is deemed to have been concluded at the place of business of Yappco.
8. Each Sales Contract will be confirmed with a receipt or, on your request, with a VAT invoice, which will be attached to the shipment. In order to receive the VAT invoice, the correct identification details necessary for the invoice to be issued must be provided when the order is placed. You shall accept the electronic invoicing from Yappco if no separate request is made while placing an Order.
9. Orders placed on weekdays after 12:00, on Saturdays, Sundays and public holidays will be processed on the next business day.
10. To create an Account in the Shop, which is free, you are required to fill in the Registration Form. It is mandatory to provide the following personal information: first name, last name, email address, telephone number. You can sign in to your account by providing the Username and the Password you entered in the Registration Form. You may, at your own discretion, without any fees, delete the Account at any time by sending an appropriate request to the Shop by e-mail or by regular post to the addresses provided in Chapter I.
11. Yappco Online Shop does not sell wholesale. Yappco may refuse to process an order covering a wholesale quantity of products. In case of a dispute, a single order covering more than 10 units of the same product shall be considered a wholesale order.
VI. Methods of payment
1. Yappco Online Shop shall provide the following methods of payment:
‘Cash-on-delivery’, when you make payment in cash to the courier at the time of delivery. This method of payment is only available for orders whose total value does not exceed PLN 3,000.00 (in words: PLN five thousand).
Payment via payment service providers.
2. If you pay by transfer to the bank account of Yappco Online Shop, the product is dispatched when the money is received by Yappco on its bank account.
3. If you pay by transfer to the bank account of Yappco Online Shop, the product is dispatched when the money is received by Yappco on its bank account.
5. In the case of payments via Payment Service Providers, the Customer shall pay for the Order before the Order is processed, via the before mentioned Payment Service Providers, which allow to pay by card or quick transfer from selected banks. The product will only be dispatched after it has been paid for.
6. You are obliged to pay the price under the Sales Contract within 2 business days of the date of conclusion, unless the Sales Contract states otherwise. No payment within the time limit shall result in cancelling the Order.
7. In case of ‘Cash-on-delivery’, you are obliged to make payment in cash at the time of delivery.
8. The product is delivered only within Poland and other countries within the European Union. Delivery to other destinations is possible after having determined conditions and price.
VII. COSTS, METHODS AND TIME OF DELIVERY
1. The delivery costs of the product are determined while placing the Order and depend on the payment method, the delivery method and the destination to which the Order is to be delivered.
2. Products purchased in Yappco Online Shop are shipped via a Courier Service.
3. The delivery time is the time it takes to complete all the products for the Order to be dispatched and the time it takes the Courier to deliver the dispatch.
The time to complete the Order to be dispatched is up to 2 business days. Yappco reserves the right to extend the time limit in special situations (e.g., custom -made products).
The time it takes the Courier to deliver the Order depends on the delivery times declared by the Delivery Service Company and shall take 1 to 5 business days, depending on the destination (on business days exclusively - Saturdays, Sundays, and Bank Holidays excluded).
VIII. CONDITIONS TO TERMINATE CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES
Termination of the contract for provision of Electronic Services:
The subject of termination may be an indefinite contract for provision of Electronic Services (e.g., maintaining the Account, using the Newsletter service).
The Recipient of the service may terminate the contract with immediate effect at their own discretion by sending a statement by e-mail at: contact@yappco.bio or by regular mail to: Yappco Sp. Z o.o. ul. Ignacy Mościcki 1, 24-110 Puławy
Yappco may terminate the continuous and indefinite contract for provision of Electronic Services in case the Recipient violates the Terms and Conditions, in particular, provides unlawful content. In this case, the contract shall terminate seven days after the date of the declaration of intent to terminate it (notice period).
2. The Service Provider and the Service Recipient may terminate the contract for provision of Electronic Services at any time by mutual agreement.
IX. RETURNS AND CLAIMS POLICY
1. Claims of non-conformity to the Sales Contract:
• The basis and the extent of Seller's liability to a Customer being a Consumer for Non-conformity of the Product to the Sales Contract are set out in the Civil Code Act of 23 April 1964 (Journal of Laws of 2019, item 1145
• The notification of non-conformity of the Product to the Sales Contract and the relevant request may be made by e-mail at: contact@yappco.bio or by regular mail to: Yappco Sp. Z o.o. ul. Ignacy Mościcki 1, 24-110 Puławy
The above mentioned notification must include as much information and circumstances concerning the subject of the complaint as possible, in particular the nature of the irregularity, the date it was noticed or occurred, and the contact details. The information provided will greatly facilitate and increase the pace of the process of reviewing the claim by the Seller.
The Seller shall review each claim without a delay, within maximum 14 days. A response to a claim is sent to the email address provided by the Customer / Consumer or by any other means appointed by the Customer/Consumer
• In case of complaints made by Customers who are Consumers, if no response is provided by the Seller within 14 days, the complaint shall be considered valid.
In case of a justified complaint by a Customer who is a Consumer, the Retailer shall incur the cost of shipping, delivery and replacing the product for a product which is free of defects.
2. Complaints relating to the provision of Electronic Services
Complaints related to the provision of Electronic Services via the Online Shop may be submitted by e-mail at: contact@yappco.bio .
The above mentioned notification must include as much information and circumstances concerning the subject of the complaint as possible, in particular the nature of the irregularity, the date it was noticed or occurred, and the contact details. The information provided will greatly facilitate and increase the pace of the process of reviewing the complaint by the Service Provider.
The Service Provider shall respond to each complaint without a delay, within maximum 14 days.
The Service Provider shall respond to each complaint by email at the address provided by the Service Receiver in the Complaint Form, or by any other means appointed by the Service Receiver
Goods returned under the warranty claim procedure must be shipped to the address specified in Chapter I of the Terms and Conditions.
3. The Seller’s liability under the warranty for the product to a Customer who is not a Consumer shall be excluded.
4. The seller is obliged to deliver Products which are free of physical or legal defects. Under Article 556 and other articles of Civil Code a Seller is liable towards the Consumer or the Customer if a product sold has a defect (implied warranty for physical or legal defects).
X. RIGHT TO WITHDRAW FROM THE CONTRACT
1. A Customer who is a Consumer is entitled at their discretion to terminate a Contract concluded remotely by submitting an appropriate written statement within 14 days on the following conditions:
in case of a Sales Contract for a single item – the 14-day period runs from the day the Product was delivered to the Consumer or a person appointed by the Consumer,
in case of a Sales Contract for a number of items which are delivered separately, in batches or in parts - the 14-day period runs from the day the last item, batch or part has been delivered to the Consumer
in case of a Sales Contract for delivering products regularly, for a fixed period of time - the 14-day period runs from the day the first item has been delivered to the Consumer.
in case of a Sales Contract for delivering products regularly, for a fixed period of time - the 14-day period runs from the day the first item has been delivered to the Consumer.
In order to comply with these time limits, you can simply send a declaration of a withdrawal from the distance contract, available on the website of the Online Shop, signed by the Consumer or an authorized person. The declaration may be sent via traditional mail – the Seller’s details are specified and included in Chapter I. The declaration may be also sent by a Form whose model is attached to these Terms and Conditions as an Appendix No1, as well as the appendix for the Act of 30 May 2014 on Consumer Rights, though it is not obligatory.
2. In case of withdrawal from the contract, the Sales Contract shall be deemed not to have been concluded and the Consumer shall be released from any obligations. Anything the parties have furnished shall be returned unaltered, except where a change was necessary in the ordinary course of business. The return is to be made without undue delay.
3. The Seller will carry out reimbursement of the cost of the Product and the cost of its delivery using the same method of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise, provided it will not incur any fees for the Seller
4. Where the Consumer has chosen a delivery option other than the most economical default delivery standard offered by the Seller, the latter is not required to reimburse the Consumer for the additionally incurred costs.
5. Where the Consumer has chosen a delivery option other than the most economical default delivery standard offered by the Seller, the latter is not required to reimburse the Consumer for the additionally incurred costs.
6. The Costumer who is a Consumer shall not be entitled to withdraw from a distance contract, in the following situations:
the provision of services has been commenced with the Consumer’s consent before the expiry of the time limits laid down in these Terms and Conditions
the provision of services whose qualities have been specified by a Consumer in the Order, or inseparably connected with the Consumer,
where the subject of performance consists of a non-prefabricated product, custom-made for a Consumer or intended to satisfy a Consumer’s individual needs;
where the performance consists of goods delivered in closed packaging bearing a seal, which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was opened after delivery;
where the performance consists of goods prone to rapid decomposition or with a short expiration date;
for the provision of services where the Seller has fully performed the service with the Consumer’s explicit consent, and the consumer was informed before the commencement of the service that they would lose the right to withdraw from the contract upon the completion of the service by the Seller
where the performance consists of goods which, owing to their nature, become inseparably connected to other products after delivery;
XI. PERSONAL INFORMATION IN THE SHOP
1. The Seller is the controller of Customers’ and Consumers’ personal information collected vie the Online Shop.
2. The data collected from Customers or Consumers via the Online Shop will be used for processing a Sales Contract, an also, providing the Customer or the Consumer have given their consent, for commercial purposes
3. Possible recipients of the Online Shop Customers’ and Consumers’ personal information are:
a) in case of a Customer or a Consumer who uses the Online Shop delivery method by Post or by Courier, the Controller discloses the collected personal data of the Customer or the Consumer to the selected Delivery Service Provider or to another entity providing delivery service commissioned by the Controller.
b) In case of a Customer or a Consumer who uses the Online Shop payment method: e-payment, or by card, the Controller shall disclose the collected personal data of the Customer or the Consumer to a selected entity handling these payments for the Online Shop.
4. A Customer or a Consumer have the right to access and modify their personal information.
5. Providing personal information is voluntary, however, not providing the personal data mandatory for concluding a Sales Contract as indicated in Terms and Conditions will prevent the Sales Contract from being concluded.
XII. FINAL PROVISIONS
1.Contracts concluded by the Online Shop shall comply with Polish Law.
2. Any changes to the Terms and Conditions of the Online Shop made by the Service Provider shall be binding for the Service Recipient provided the latter has been notified about the changes via email and has not terminated the Contract for Provision of Electronic Services within 14 days from the date of being informed by the Online Shop about the changes.
3. Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
4. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.. changes in legislation, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
A Costumer or a Consumer shall be notified about every modification at least 7 (seven) days in advance by e-mail or by means of the website www.yappco.bio by indicating changes to the content of the Terms and Conditions.
5. In all matters not covered by the Terms and Conditions, generally applicable provisions of Polish Law shall apply, in particular: the Civil Code, the Polish Act on Providing Services by Electronic Means, the Act on Consumer Rights, the Data Protection Act.
6. Any disputes arising on the ground of the Sales Contracts concluded between the Online Shop and Consumers shall primarily seek to achieve a friendly settlement through negotiation. However, should it be impossible or unsatisfactory for either of the parties, the disputes shall be settled by a proper Polish Court.
7. Any disputes arising between the Service Provider and the Service Receiver (a Customer) who is also a Consumer shall be referred for determination to the proper court under the applicable provisions of the Civil Code dated November 17th 1964 (Journal of Laws No 43, item 296 as amended). Any dispute arising between the Service Provider and the Service Receiver (a Customer) who is not a Consumer shall be referred for determination to the court having territorial jurisdiction over the Service Provider’s/Seller’s registered office.
8. A Consumer has a possibility to have recourse to an out-of-court dispute resolution procedures redress mechanism in the so called Consumer Courts. The information about the access to the before mentioned procedures and mechanisms for resolving disputes is available at www.uokik.gov.pl . Consumers may also use the ODR e-platform of European Union, which is available at https://ec.europa.eu/consumers/odr/main/?event=main.home.show, entering our address: www.yappco.bio.
9. These Terms and Conditions shall enter into force on July 1st, 2020.
These Terms and Conditions shall enter into force on July 1st, 2020.
(complete and return this form only if you wish to withdraw from the contract)
Yappco Sp. z o.o.
ul. Ignacego Mościckiego 1, 24–110 Puławy
Poland
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
1. …………………………………………………………………………………………………………
2. …………………………………………………………………………………………………………
3. ……………………………………………………………………………………………………………………
4. ……………………………………………………………………………………………………………………
5. …………………………………………………………………………………………………………
Ordered on (*)/received on (*)………………………………..……………………………………
Customer’s (*)/ Consumer’s (*) first and last name
Customer’s address
Order Number
Date:
Customer’s signature
(*) Delete as appropriate
