Regulations of girlsandyoga.com online store
Business days shall mean weekdays from Monday to Friday, excluding statutory holidays.
Delivery shall mean a process of supplying Goods to the Customer, to their specified destination, fulfilled through the Carrier.
Customer shall mean a natural person, provided that they have full legal capacity or limited legal capacity in cases regulated by commonly applicable provisions of law or provided that they have the consent of their statutory representative, as well as a legal person or organisational unit without legal personality, granted legal capacity by commonly applicable provisions of law, who/which concludes an agreement on the provision of the Service with the Vendor.
Customer Account shall mean a panel that enables management of the Customer’s orders via the Store, provided that the Customer is registered and logged in.
Consumer shall mean a Customer who is a natural person and concludes an agreement for a purpose not related directly with their business or professional activity.
Cart shall mean the Store’s functionality that enables completion of orders for Goods by the Customer.
Carrier shall mean an entity providing Goods Delivery services in cooperation with the Vendor.
Regulations shall mean these contractual terms and conditions the subject matter of which is the provision of Services by electronic means by the Vendor to Customers, via the Store.
Store shall mean the store run by the Vendor through a website available online at the following URL: girlsandyoga.com.
Vendor shall mean Agnieszka Ścisłowska, conducting business activity under the business name GIRLS and YOGA, with registered office in Warsaw (03-168) at ul. Sąsiedzka 6b Apt. 3, registered in the Central Registration and Information on Business, run by the Minister of Development and Technology, under Tax ID No (NIP) 5641095557 and Statistical ID No (REGON) 387464060, who is a service provider, administrator and owner of the Store. The Vendor can be contacted by e-mail at: GIRLS@GIRLSANDYOGA.COM.
Sale shall mean a Service consisting in sale of Goods, provided by the Vendor to the Customer, the subject matter of which is the Vendor’s commitment to transfer the ownership of Goods to the Customer and to issue the Goods, as well as the Customer’s commitment to collect the Goods and pay the specified price to the Vendor.
Goods shall mean items presented in the Store by the Vendor for the purpose of Sale.
Service shall mean a service provided by the Vendor to the Customer pursuant to an agreement concluded by and between the parties via the Store. Conclusion of an agreement shall take place as part of an organised system of distance contracts, without simultaneous physical presence of the parties.
§2. General provisions
- The Vendor shall provide Services in accordance with the Regulations and provisions of commonly applicable law.
- Services shall be provided on a 24/7 basis via the Store’s website.
- The Vendor shall make these Regulations available on the Store’s website and may make them available on the Customer Account or enclose them to e-mails containing declarations of acceptance of Customers’ offers. Customers may, at any time: access the Regulations, record, obtain and reproduce them by printing them or saving them on a data medium.
- The information provided on the Store’s website does not constitute the Vendor’s offer within the meaning of Article 66 of the Polish Civil Code, merely an invitation for Customers to make offers to conclude an agreement, pursuant to Article 71 of the Polish Civil Code.
- Using the Store may involve the Customer incurring charges for Internet access and data transfer, within the scope specified in the agreement with the telecommunications operator whose services the Customer is using.
§3. Account registration in the store
- The agreement on the provision the Service consisting in maintaining the Customer Account shall be concluded for an indefinite term when the Vendor confirms registration of the Customer Account.
- The subject matter of this Service consisting in maintaining the Customer Account is providing access to the Customer Account, which allows inter alia for managing the Customer’s data and orders.
- Creating a Customer Account requires voluntary, free-of-charge registration. It shall take place by completing the registration form, available on the Store’s website, and sending it to the Vendor.
- Correct completion of the registration form shall require filling in all of its compulsory fields and possibly optional fields, using true and complete data or information pertaining to the Customer.
- Before sending the registration form, the Customer should declare that they have read the Regulations and accept their provisions by selecting the correct field on the form.
- Before sending the registration form, the Customer may optionally declare that they consent to the processing of their personal data for marketing purposes by the Vendor by selecting the correct field on the form.
- The Vendor informs that the aforementioned marketing purposes may include, in particular, the Vendor sending commercial information using the Customer’s contact details. The consent referred to in the foregoing item may be withdrawn at any time.
- The registration form shall be sent to the Vendor via the Store, using its functionality.
- Using the Customer Account shall be possible after creating it and then logging in using the correct login and password.
- The agreement on the provision of a Service consisting in maintaining the Customer Account may be terminated without giving any reasons and at any time, using the functionality of the Customer Account or by sending the Customer’s declaration to that effect to the Vendor, e.g. by e-mail or letter.
§4. Basic functionalities of the store
- The Vendor shall make the following functionalities of the Store available to Customers:
- access to the contact form;
- access to the Goods search engine;
- enquiry about the Goods;
- adding Goods to a wish list;
- sharing the Goods advertising offer on social media.
- Using the contact form functionality shall require completing its required fields, entering the requested content and then sending the message to the Vendor. The Vendor shall reply promptly, using the Store’s functionality, by telephone or by sending an e-mail.
- To find Goods in the Store, enter the desired content in the search engine area of the Store and confirm it. This functionality allows for searching through the Store’s inventory using key words entered by the Customer. Additionally, the functionality may allow for conducting an advanced search in terms of the selected criteria.
- To ask the Vendor about the availability of Goods, one can use the functionality of enquiring about the Goods. The Vendor shall provide this information promptly, using the Store’s functionality, by telephone or by sending an e-mail.
- To use the functionality of adding Goods to the wish list, one must first log into the Customer Account and then add the Goods to the wish list. The functionality consists in temporarily saving the website containing the advertising offer of the Goods on the Customer Account.
- To use the functionality of sharing the advertising offer of the Goods on social media, one needs to use the buttons assigned to those media, located in the area of the advertising offer of the Goods. Using this functionality requires a user account in the selected social media.
- The Vendor reserves the right to temporarily disable or introduce new functionalities.
§5. Orders places via the Store
- Orders for Goods may be placed 24/7 via the Store’s website, using the Cart function. After completing the list of orders for Goods, the Customer shall proceed to order execution in the Cart area.
- After completing the list of orders for Goods, the Customer shall select the Delivery and payment methods in the Cart area.
- If the Customer is a logged in owner of a Customer Account, they shall proceed to the next stage of order placement as a logged in Customer.
- If the Customer is not a logged in owner of a Customer Account, they shall select the order placement method:
- using a Customer Account that will be registered. Then, the Customer shall register the Customer Account and use it to proceed to the next stage of order placement.
- without using the Customer Account. Then, the Customer shall proceed to the next stage of order placement.
- using an existing Customer Account. Then, the Customer shall proceed to the next stage of order placement.
- When placing an order, the Customer enters or selects:
- their identification data and contact details;
- address details for Delivery of the Goods;
- settlement data.
- Before the order is placed, the Customer shall be informed about the total price of the order, including taxes and related costs, in particular costs of Delivery and payment (displayed in the Cart area).
- The order may be placed by using the correct button in the Cart, which is equivalent to the Customer presenting the Vendors with an offer to conclude an agreement on Sale of the Goods included in the Order.
- Before sending the order form, the Customer should declare that they have read the Regulations and accept their provisions by selecting the control field.
- The Customer may modify the placed order until they receive information on the dispatch of Goods by the Vendor.
- Order modification may include its cancellation, partial cancellation, inclusion of additional Goods and change of the Delivery address.
- The Vendor shall immediately inform the Customer of inability to accept the order, should circumstances causing this inability arise. This information shall be provided by telephone or electronic means. The information may constitute rejection of the offer in full or contain the following proposals for modification of the order:
- rejection of the offer in the part which cannot be fulfilled, which shall result in recalculation of the order value;
- division of the Goods into the part for which Delivery is possible and part for which Delivery will take place at a later date, which shall not result in recalculation of the order value.
- Acceptance of the Customer’s offer by the Vendor subject to the modification referred to in the previous item shall be understood as a new offer, requiring the Customer’s acceptance in order to conclude the Sale agreement.
- Order acceptance by the Vendor shall be confirmed immediately by sending an e-mail. This e-mail shall contain the terms and conditions of the concluded Sale agreement, agreed by the parties, as well as data entered by the Customer on the order form, so as to enable detection of potential errors. If such an error is detected, the Customer may notify the Vendor of this fact by sending an e-mail specifying the correct data.
- Confirmation of order acceptance shall be equivalent to the Vendor accepting an offer to conclude a Sale agreement, presented by the Customer.
- The Vendor provides the Service of remote Sale of Goods to Customers.
- The subject matter of the Sale agreement includes the Vendor’s commitment to transfer the ownership of Goods to the Customer and to issue the Goods, as well as the Customer’s commitment to collect the Goods and pay the price of Goods to the Vendor.
- The Vendor reserves the right to conduct promotional campaigns, consisting in particular in reducing the price of Goods or Services until a specific date or until the Goods covered by the promotion are out of stock.
- By concluding a Sale agreement, the Vendor undertakes to Deliver Goods without defects to the Customer.
- Conclusion of a Sale agreement shall take place upon confirmation of acceptance of the Customer’s order by the Vendor.
- The Goods shall be issued within the time frame specified in the description of the Goods.
- The Goods issuance time may change if the Customer modifies the order.
- The Goods shall be issued through the Carrier, on Business Days, at the address specified by the Customer.
- Detailed information on the available Delivery methods, Carriers and the associated costs are published on the Store’s website and the Customer shall be informed about them during the order placement process.
- The Goods shall be issued no earlier than after the Customer has paid.
- Issuance of the Goods to the Carrier for Delivery may be confirmed by sending an e-mail to the Customer’s e-mail address.
- The risk of accidental loss or damage of the item shall be transferred onto the Consumer upon it issuance to the Consumer.
- If the Customer chooses the Delivery option through the Carrier, it is recommended that the Customer examine the shipment delivered in the Carrier’s presence.
- If damage to the she shipment is determined, the Customer shall have the right to demand that the Carrier draw up the relevant protocol.
- The value of payments for Sales shall be determined based on the Goods price list, available on the Vendor’s website at the time of ordering the Goods.
- The prices specified on the Store’s website next to specific Goods shall be gross prices in PLN, including VAT but not including the costs of Delivery of the Goods and of the selected form of payment.
- The costs of the transaction and Delivery of the Goods shall be borne by the Customer.
- The total price of the order, visible in the Cart area, before order placement but after selection of the method of Delivery of the Goods and payment, shall include the price of the Goods ordered with tax payables and all related costs, in particular costs of Delivery and transaction.
- The total price of the order shall be binding to the Vendor and the Customer.
- The Vendor accepts the following methods of payment for the provided Sale Services:
- wire transfer to the Vendor’s bank account No 58114020040000330280623373
- using a third-party payment system — PayU, serviced by PayU S.A with its registered office in Poznań (60-166) at ul. Grunwaldzka 182, entered in the Register of Entrepreneurs of the National Court Register under KRS No: 0000274399, Tax ID No (NIP): 7792308495 and Statistical ID No (REGON): 300523444
- The Customer shall make the payment:
- within 3 days — when choosing wire transfer as the payment method;
- at the time of order placement — when choosing the third-party payment system as the payment method.
- The Vendor shall refund the payment immediately, not later than within 14 days of the date of occurrence of the cause, if:
- the Consumer withdraws from the agreement;
- the Customer resigns from an order or a part of an order paid for before its fulfilment;
- the Vendor recognises a claim covered by a complaint in whole or in part, pursuant to commonly applicable provisions.
- The payment shall be refunded using the same payment method as the one used by the Customer during the original transaction unless the Customer agrees to a different solution that does not involve any costs for them.
- The Vendor is not obliged to refund the additional costs of Delivery of the Goods, incurred by the Customer, if the Customer chose a method of Delivery of the Goods other than the cheapest regular method of Delivery offered by the Vendor.
- The buyer of the Goods shall bear the costs of shipment of the returned product.
- Complaints may be filed under a warranty.
- They may be submitted in a letter or by e-mail, to the postal or e-mail address of the Vendor. They can be filed using a form (the template of which constitutes an appendix to the Regulations); however, this is not compulsory.
- It is recommended to include the following information in the contents of the complaint:
- the Consumer’s contact details, which will be used to respond to the complaint and for correspondence related to the complaint;
- the Consumer’s bank account number, which will be used for cash refund, should such a refund take place;
- a description of the issue and the Consumers identification data.
- If the complaint under a warranty guarantee concerns the Goods, in order for the Vendor to consider the complaint, the Consumer shall deliver or sent the Goods subject to the complaint to the Vendor’s address at the Vendor’s cost.
- The Vendor shall consider complaints within 14 days from date of submission.
- The Vendor shall inform the Consumer of the method of resolution of the received complaint electronically or by ordinary mail, depending on the Consumer’s wish or their applied method of complaint submission.
- Should the complaint under a warranty concern Goods which are to be sent to the Consumer after considering the complaint, the Vendor shall deliver or send the Goods to the Consumer’s address.
- Refund of cash in connection with the complaint shall take place by wire transfer to the bank account or by postal order, according to the Consumer’s wish.
§9. Out-of-court complaint handling and redress
- The Consumer shall have the option to use the following out-of-court methods of complaint handling and redress:
- submission of an application for resolution of the dispute arising from the concluded Sale agreement to the permanent consumer arbitration court operating at the Trade Inspection, whose address — depending on the jurisdiction — can be determined on the website of the Office of Competition and Consumer Protection at the following URL: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
- submission of an application for commencement of mediation procedure regarding amicable conclusion of a dispute between the Consumer and the Vendor to the provincial inspector of the Trade Inspection, whose address — depending on the jurisdiction — can be determined on the website of the Office of Competition and Consumer Protection at the following URL: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
- using the assistance of the county or municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection;
- submission of a complaint via the EU online ODR platform, available at the following URL: http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 r. on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
- Detailed information about the out-of-court complaint handling and redress procedure, as well as the rules of access to those procedures, can be found at head offices and on websites of the entities listed in item 1.
- The list of entities and institutions which fulfil tasks related with out-of-court resolution of consumer disputes, as well as detailed information on this subject, can be found on the website of the Office of Competition and Consumer Protection at the following URL: https://www.uokik.gov.pl.
§10. Withdrawal from the agreement
- The Consumer may, without stating the cause, withdraw from an agreement, including the Sale agreement, within 14 days, subject to the standards specified in the instruction about withdrawal from the agreement, which constitutes an appendix to the Regulations.
- The Consumer may withdraw from the agreement by submitting a declaration of withdrawal from the agreement to the Vendor. The declaration can be submitted using a form, the template of which constitutes an appendix to the Regulations.
- The Consumer shall immediately, but not later than within 14 days of the date of withdrawal from the agreement, return the Goods to the Vendor or hand them over to a person authorised by the Vendor. This deadline shall be deemed observed as long as the Goods are sent before the deadline. This provision shall not apply if the Vendor proposed that it would collect the Goods itself. The Vendor shall accept returned goods without signs of use, in original packaging. Returns delivered after this deadline, as well as replacement of goods, shall not be possible.
- The Consumer shall be responsible for reduction of the value of the Goods resulting from its use in a manner exceeding what is necessary to determine the nature, features and functioning of the Goods.
- In the case of withdrawal from the agreement, the agreement shall be deemed not to have been concluded. If the Consumer submitted a declaration of withdrawal from the agreement before the Vendor accepted their offer, the offer shall cease to be binding.
§11. Data and cookies processing
- Information on the rules of personal data processing by the Vendor is included in the Store’s Privacy and cookies policy.
- Information on the cookies applied is included in the Store’s Privacy and cookies policy.
§12. Licence terms and conditions
- The Vendor grants the Customers using the Store a free-of-charge licence within the scope of own personal use and to enable the use of the Store, subject to these terms and conditions.
- The name of the Store, the graphic design of the Store, the structure of the Store, the Store, the source or compiled code of the Store, websites used to service the Store and all documents developed by the Vendor in connection with making the Store available, including the associated works, including the Regulations as well as other documents or messages sent in connection with the provision of services, shall constitute works within the meaning of provisions on copyright. The Vendor does not transfer onto the Customer economic rights to the Store nor any works constituting a part thereof, nor the right to grant permits within the scope of disposal of economic rights to those works or the Store and to use them, as well as to exercise other related rights, not reserved in the licence terms and conditions.
- The right to use the Store and related works shall apply in the following fields of exploitation: saving and reproducing in the memory of the ICT device, at the chosen time and place, as well as access and viewing via ICT device at the chosen time and place.
- The Customer may not: lease, rent or resell the works or any parts thereof, as well as create derivative works on their basis, modify the works, remove information about property rights or copyrights which may appear in the works, use the works for purposes violating the applicable provisions of ordinary law or ethical and moral standards.
- The licence is not limited in terms of time, territory and is non-exclusive and applies in relation to the Store as a whole and the related works. The Vendor shall retain exclusive rights to decide on maintaining the integrity of the Store.
- By publishing any content in the Store, in particular: comments or opinions, the Customer grants the Vendor a free, unlimited in terms of time and territory, non-exclusive licence for their use in the following fields of exploitation: publication on the Store’s website, saving and reproducing in the memory of the ICT device, at the chosen time and place, as well as access and viewing via ICT device at the chosen time and place, while retaining the right to grant the sub-licence referred to in the above items in order to enable the Customers to use the Store.
- The Customer acknowledges that it is prohibited to deliver to or through the Store content which is:
- in violation of personal rights of the Customers, the Vendor or third parties;
- commonly considered offensive, vulgar or in violation of good morals, in particular: pornographic content, content propagating the use of drugs or excessive alcohol consumption, content inciting racism, xenophobia or promoting hatred.
§13. Validity and amendments to the regulations
- The Regulations may be amended due to amendments to the provisions of law concerning the subject matter of the Services, as well as due to technical or organisational changes related to the services provided by the Vendor.
- Amendments to the Regulations shall take place through publication of its new content on the Store’s website.
- Amendments to the Regulations shall not apply to Sale agreements concluded prior to the amendment date.
- Information on amendments to the Regulations shall be published on the Store’s website, 3 days before the new wording of the Regulations enters into force.
- Should the parties be bound by an agreement concluded for indefinite term, the Vendor shall send information about the amendments to the Regulations electronically.
§14. Final provisions
- The meanings of capitalised terms shall be consistent with the explanations included in the section describing the definitions used in the Regulations.
- The Vendor shall not be liable for:
- interruptions in correct functioning of the Store and improper provision of Services, caused by force majeure, in relation to Customers who are not Consumers;
- interruptions in correct functioning of the Store and improper provision of Services to Customers who are not Consumers, caused by technical tasks or a cause attributable to entities with whose assistance the Vendor provides Services;
- loss of profits by Customers who are not Consumers.
- Should it prove impossible to resolve, in an amicable manner, a dispute between the Vendor and a Customer who is not a Consumer or a Consumer who does not reside in the territory of the Republic of Poland, where such a possibility is admitted by the provisions of their national law, the court competent for resolution of such a dispute shall be the court with jurisdiction over the Vendor’s registered office.
- With respect to Customers who are not Consumers or Consumers who do not reside in the territory of the Republic of Poland, where such a possibility is admitted by the provisions of their national law, the applicable law for executing the agreement concluded with the Vendor and for resolving the related disputes shall be the law of the Republic of Poland.
- The provisions of the Regulations are not aimed at limiting the rights of a Customer who is a Consumer, resulting from the provisions of commonly applicable local law.
- With respect to agreements concluded with the Seller, in the case of non-compliance of the Regulations with the provisions of law commonly applicable in the Consumers country, the provisions of that law shall apply.
- Should any provisions of the Regulations prove invalid or ineffective, it shall not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of the invalid or ineffective provisions, a standard corresponding to what the parties have agreed on (or would have agreed on had they included such a provision in the Regulations) shall apply.
INFORMATION ON EXERCISING THE RIGHT TO WITHDRAW FROM THE AGREEMENT
INSTRUCTION ON WITHDRAWAL FROM THE AGREEMENT
The provisions on the Consumers’ right to withdraw from the agreement, included in this instruction, shall apply with respect to a natural person concluding the agreement directly related to their business activity if it follows directly from the contents of the agreement that it is not of professional nature for that person, resulting in particular from the scope of their business activity, made available pursuant to the provisions on Central Registration And Information On Business.
As a Consumer, you have the right to withdraw from an agreement concluded in our Store within 14 without stating any cause, subject to the cases specified in the section on “exclusion of the right to withdraw from the agreement”. The deadline for withdrawal from the agreement shall expire after 14 days of the date on which you came into possession of the items or on which a third party other than the carried and indicated by you came into possession of the items — in the case of an agreement containing an obligation to transfer the ownership of the items (e.g. sale agreement, delivery agreement or contract on specific work which is a movable).
To observe the deadline for withdrawal from the agreement, it shall suffice for you to send information on the exercise of your right to withdraw from the agreement prior to the expiry of the deadline for withdrawal from the agreement.
To exercise the right to withdraw from the agreement, you must inform us: GIRLS AND YOGA AGNIESZKA ŚCISŁOWSKA, UL. SĄSIEDZKA 6 B, APT. 3, 03-168, WARSAW, e-mail: GIRLS@GIRLSANDYOGA.COM, of your decision to withdraw from this agreement by way of an explicit declaration (e.g. a letter sent by mail or e-mail).
When withdrawing from the agreement, you may use the template of the form of withdrawal from the agreement; however, it is not compulsory. The template of the form is enclosed to the regulations on the provision of services by electronic means within the Store.
EFFECTS OF WITHDRAWAL FROM THE AGREEMENT
In the case of withdrawal from this agreement, we shall refund all payments received from you, including the costs of delivery of the item (except additional costs resulting from your chosen method of delivery other that the cheapest ordinary method of delivery offered by us) immediately, and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this agreement.
We shall refund the payment using the same methods of payment as those used by you during the original transaction unless you have explicitly agreed to a different solution; in any case, you shall not incur any fees in connection with this refund. We may withhold the payment refund until we receive the item or until we receive a proof of it having been sent back, whichever is sooner.
If you have received items in connection with the agreement, please send the items back to us or hand them over to us at GIRLS AND YOGA AGNIESZKA ŚCISŁOWSKA, UL. SĄSIEDZKA 6 B, APT. 3, 03-168, WARSAW immediately, and in any case not later than 14 from the date on which you informed us of your withdrawal from the agreement. The deadline shall be deemed observed if you send the item before the expiry of the 14-day deadline.
You shall only be liable for reduction of the value of the item resulting from its use in a manner other than necessary to determine the nature, features and functioning of the item.
>> return form — Download .pdf template