Terms & conditions

Regulations of the Online Store

I. General Provisions

These Regulations define the general conditions, the method of providing Services electronically and sales conducted through the online store yoschimoto.com (“Online Store” / “Store”) . The Store is operated by YOSCHIMOTO Joanna Czajgucka-Terlecka, with its registered office in Warsaw, at the address: ul. Nowy Świat 33/13, 00-029 Warsaw, NIP 8992443962, REGON 362839305.
Contact with the Seller takes place via:
1. e-mail address: contact@yoschimoto.com;
2. by phone: +48 501487903;
3. contact form available on the Online Store website;
4. chat available on the store website.
These Regulations are continuously available on the website www.yoschimoto.com in a way that allows obtaining, reproducing and recording their content by printing or saving on a medium at any time.
The Seller informs that the use of Services provided electronically may involve a threat on the part of each Internet User, consisting in the possibility of introducing malicious software into the Customer’s computer system and obtaining and modifying his data by unauthorized persons. In order to avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures that will minimize their occurrence, in particular antivirus programs and a firewall.
The Seller creates and implements security measures against unauthorized use, duplication or distribution of content contained in the Online Store. In the event that the Seller applies the above security measures, Customers undertake to refrain from any actions aimed at removing or bypassing such security measures or solutions.

Acceptance of the Regulations is voluntary, but necessary in order to create an Account and/or for the Customer to place an Order. By placing an Order in the Online Store, the Customer declares that he/she has read the Regulations and accepts their terms in full.

II. Definitions

The terms used in the Regulations mean:

Price – the gross value of the Goods specified in Polish zlotys;
Working days – days from Monday to Friday, excluding public holidays;
Password – a sequence of letters, numbers or other characters selected by the Customer when registering an Account in the Online Store;
Gift Card – Digital Content being a goods voucher issued to the bearer, containing a combination of characters in the form of a card number, with an indicated denomination, which can be used as a means of payment for Goods in the Online Store, under the terms and conditions specified in the Regulations;
Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to his or her business or professional activity, as well as a natural person using the Online Store in connection with activities related to his or her business activity, when the content of the concluded agreement indicates that the agreement is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available under the provisions on the Central Register and Information on Business Activity;
Account – a part of the Online Store assigned to a given Customer, through which the Customer can perform specific actions within the Online Store. The Customer gains access to the Account using the Login and Password. The Account allows for saving and storing information about the Customer’s address data for shipping Goods, tracking the status of the Order, accessing the history of Orders and other services provided by the Seller;
Cart – a service provided electronically, made available to each Customer, through which you can place an Order, enter a discount code, display a summary of the Price of individual Goods or all Goods together (including any shipping costs);
Login – e-mail address of the Client provided during Account registration;
Moderation – actions taken by the Seller to detect, identify and combat Prohibited Content, including measures implemented by the Seller that affect the availability, visibility and accessibility of Prohibited Content, in particular limiting access to Prohibited Content or removing it, or that affect the ability of Users to transmit such information, in particular suspending or deleting an Account or blocking the User from using the Store;
Newsletter – a service provided electronically, consisting in receiving periodic information from the Seller, in particular about Goods, new products and promotions, news regarding the Seller, to the e-mail address provided by the Customer, with the express consent of the Customer. The principles of providing the Newsletter service are specified in the Regulations;
Prohibited Content – Content prohibited by generally applicable laws, including content promoting violence or violating personal rights and other rights of third parties or Content inconsistent with the Regulations;
Previous lowest price – the lowest Price of a given Product that was valid in the period of 30 days before the introduction of the discount or, in the case when a given Product has been on sale for less than 30 days – the lowest Price of a given Product that was valid in the period from the date of availability of the given Product to the date of introduction of the discount;
Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on its own behalf and using the Seller’s services in direct connection with the conducted business or professional activity;
Regulations – this document;
Salon – a stationary store run by the Seller – the list of Salons is available on the Store’s website;
Seller – YOSCHIMOTO Joanna Czajgucka-Terlecka, ul. Nowy Świat 33/13, 00-029 Warsaw, NIP 8992443962, REGON 362839305, e-mail contact@yoschimoto.com , telephone +48 501487903;
Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
Content – materials and/or information stored and made available by the Seller within the Online Store at the request of the User;
Digital content – data produced and delivered in digital form;
Agreement for the supply of Digital Content – an agreement the subject of which is the supply of Digital Content by the Seller;
Agreement for the supply of Digital Content – an agreement for the supply of Digital Content concluded between the Seller and the Customer as part of the activities of the Online Store, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement, inclusive, upon payment of the Price;
Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Customer without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement, concerning the sale of Goods by the Seller to the Customer in return for payment of the Price increased by any additional fees, in particular shipping costs;
Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, No. 827);
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
User – a person visiting the Online Store;
Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement or an Agreement for the supply of Digital Content, specifying in particular the type and quantity of Goods or Digital Content.

III. Rules for Using the Online Store

The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
1. a computer or mobile device with Internet access,
2. access to e-mail,
3. Microsoft Edge web browser version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x. or later,
4. enabling Cookies and Javascript in your web browser.
Using the Online Store means any action by the Customer that leads to him/her becoming familiar with the content contained in the Store.
The Customer and/or User is obliged in particular to:
1. not to provide or transmit any Prohibited Content;
2. use the Online Store in a way that does not disrupt its functioning, in particular through the use of specific software or devices,
3. not to take actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
4. use the Online Store in a way that is not burdensome for other Customers and the Seller,
5. use any Content posted on the Online Store only for your own personal use,
6. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
The Seller is authorized to monitor and Moderate Content. The Seller does not use tools for automatic Content Moderation.
The Seller enables Users to report the presence of Prohibited Content in the Store. The provisions of point X of the Regulations shall apply accordingly to reporting Prohibited Content, subject to paragraph 6 below.
In the application, the User is obliged to provide:
1. the exact electronic location of the Content in the form of a direct URL link to the Content,
2. the reasons why the Content is considered Prohibited Content;
3. a statement confirming the good faith belief of the User submitting the report that the information and allegations contained therein are correct and complete.
If the Seller receives information about Prohibited Content, it will take appropriate action to Moderate it. If it receives any information that gives grounds to suspect that a crime has been committed or may be committed, the Seller will report this fact to the appropriate law enforcement authorities.
If the Seller has the data to contact the User who posted the Prohibited Content, it will notify them of the Moderation. The notification will include at least the contractual and/or legal basis on which the Seller bases its decision.
The User has the right to appeal against the Seller’s decision referred to in paragraph 8 above. The provisions of point X of the Regulations shall apply accordingly to the appeal.

IV. Services

The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.

Customer Account

The service of maintaining an Account in the Online Store is available after registration.
Registration is done by filling out and accepting the registration form, available on one of the pages of the Online Store. Registration is not necessary for Customers to place Orders in the Online Store.
In order to register, the Customer should complete the registration form provided by the Seller in the Online Store, and then send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During registration, the Customer sets an individual Password.
When registering an Account:
The customer should complete all fields of the registration form marked as mandatory,
The information entered by the Client in the registration form should concern the Client only and be truthful, and the Client is responsible for the truthfulness of the information entered in the registration form,
The Client should read and confirm that he/she has read the Regulations by marking the appropriate field in the registration form,
The customer should read and confirm that he or she has read the privacy policy by marking the appropriate box in the registration form.
The Seller shall not be liable for any incorrect or untrue data provided by the Customer.
After sending the completed registration form, the Customer will immediately receive, electronically to the e-mail address provided during registration, confirmation of Account registration – at the same time, an agreement for the provision of the Account Service is concluded.
The Agreement for the provision of the Account Service in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account. The request to delete the Account does not require providing a reason and should be sent to the Seller at the e-mail address: contact@yoschimoto.com, or in writing to the address: ul. Nowy Świat 33/13, 00-029 Warsaw.
After logging into the Account, the Customer may make changes to the data provided during registration, with the exception of the Login.
The Customer is obliged to make every effort to keep the Password confidential and not to make it available to third parties. In the event of circumstances indicating a suspicion that the Password has been disclosed to an unauthorized person, the Customer is obliged to immediately notify the Seller and immediately change the Password, using the appropriate functionalities within the Customer Account.

Newsletter

The Customer may use the Newsletter Service, which consists of providing content regarding the Seller, its offer, news, products and brand. The Newsletter contains commercial and marketing information of the Seller. For this purpose – in the form provided in the Online Store – a valid e-mail address must be provided or the appropriate field in the registration form or Order form must be activated.
The User is obliged to confirm the order for the Newsletter Service by clicking on the confirmation link sent to the e-mail address indicated in the form.
The provision of an e-mail address by the subscriber is necessary to provide the Newsletter service.
The Newsletter service is voluntary, free of charge and provided only after subscription.
The Newsletter is sent periodically for an indefinite period of time, until the Customer ceases to use the service or the Seller terminates the provision of the service.
The agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his or her e-mail address from the Newsletter subscription or unsubscribes using the link contained in the content of the message sent as part of the Newsletter Service.
The Seller may resign from providing the Newsletter service at any time after informing subscribers.

Contact form

The Customer may send a message to the Seller using the contact form available in the “Contact” tab. The agreement for the provision of the Service consisting in providing an interactive form enabling Customers to contact the Seller is concluded for a fixed period and is terminated when the Customer sends the message.

Social media plugins

The Seller also provides plug-ins for social media profiles (including Instagram, TikTok, Facebook, YouTube) on the Store’s website.
Via plug-ins, the Customer has the option of accessing social media profiles administered by the Seller.

Favorite

The Seller provides the Favorites Service, which allows the Customer to add selected Goods and remember their selection by clicking the button with a heart graphic next to the selected Goods.
Any Customer can add to Favorites. There is no need to register an Account. When the browser is closed, Products added to Favorites are deleted, while for Customers who added Products to Favorites after logging into the Account, their selection is remembered.

Other

The Seller has the right to organize occasional competitions and promotions, the terms of which will be provided on the Store’s websites each time – they will be covered by separate regulations. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
If the Customer breaches the provisions of the Regulations, the Seller, after a prior unsuccessful request to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a notice period of 14 days.

Gift card

The Seller enables the purchase of a Gift Card via the Online Store, which can be used to purchase Goods available in the Online Store. The Gift Card is Digital Content.
The Gift Card contains a described amount in Polish zloty, a card number and a date until which the Gift Card can be redeemed.
In order to order a Gift Card, the Customer follows the procedure specified in point VI of the Regulations relating to placing an Order, provided that as a result of the Seller’s confirmation of acceptance of the Order for execution and upon its receipt by the Customer, an Agreement for the supply of digital content is concluded.
In the Gift Card Order form, the Customer specifies its individual parameters, including selecting the amount in Polish zloty, in accordance with the options available in the Online Store.
In the event of an Order for a Gift Card, the Seller sends the Gift Card electronically, via e-mail, to the address indicated by the Customer when placing the Order.
The Seller is the exclusive issuer of Gift Cards.
A Customer who has a valid Gift Card may pay for Goods offered in the Online Store by following the messages displayed in the Online Store.
In order to finalise your payment by Gift Card before placing an Order on the Store website, you will need to provide the card number located on the Gift Card before placing your Order on the Store website.
The Customer may make a payment by Gift Card until the date indicated in the message sent by e-mail referred to in point 5 above.
If the value of the Customer’s Order exceeds the nominal value of the Gift Card, the Customer may pay the remaining value using other forms of payment available in the Online Store.
The gift card cannot be exchanged for cash.
The provisions on digital content within the meaning of the Consumer Rights Act apply to the delivery of the Gift Card.
The Seller undertakes to provide the Consumer with Content updates for the duration of the Agreement for the provision of digital content.
A gift card is not a payment card and is not an electronic payment instrument. Due to the nature of the instruments, the provisions of the Payment Services Act do not apply to services based on Gift Cards.

The Customer may submit a complaint regarding the Gift Card in accordance with the principles set out in point X of the Regulations.

V. Procedure for Concluding the Sales Agreement

Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and operational parameters and prices, do not constitute an offer to purchase them within the meaning of the Civil Code, but only an invitation to conclude a Sales Agreement after the Seller has accepted the Order placed by the Customer.
All Goods available in the Online Store are brand new, compliant with the Agreement and have been legally introduced to the Polish market.
The Seller does not use mechanisms for individual price adjustment based on automated decision-making.
In order to place an Order, it is not necessary to have a Customer Account. The condition for placing an Order is to have an active email account.
A Customer who has a Customer Account may place an order after logging in to the Customer Account.
To place an order, the Customer adds the selected Goods to the Cart by selecting the “ADD TO CART” or equivalent command and then proceeds to the Order form.
A Customer who has a Customer Account confirms in the Order form that the data required to place an Order (i.e. delivery address, telephone number) and conclude a Sales Agreement are current.
A Customer who does not have a Customer Account is obliged to complete the Order form to the extent necessary to conclude the Sales Agreement and complete the Order (including name and surname, delivery address, e-mail address and telephone number).
In the Order form – in addition to the above data – the Customer also selects the delivery method and payment method.
The form is sent by activating the “Order with an obligation to pay” or similar button.
The Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order.
The Seller has the right to verify the placed Order via e-mail or telephone and to cancel it in cases where there are grounds for doubt as to the possibility of fulfilling the Order.
After placing the Order, the Seller immediately sends a confirmation of receipt of the Order to the e-mail address provided by the Customer and begins its verification.
An offer submitted electronically binds the Customer if the Seller sends a confirmation of acceptance of the Order for fulfillment to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer and upon its receipt by the Customer, the Sales Agreement is concluded.
The sales agreement is concluded in Polish or English, with the content consistent with the Regulations.
In the event that the ordered Goods are unavailable in the Store or the Order cannot be fulfilled for other reasons, the Seller shall immediately inform the Customer of these circumstances by e-mail to the e-mail address provided by the Customer or by telephone.
If it is not possible to complete the Order, the Seller may propose to the Customer to cancel the Order in whole or in part – then the Seller is released from the completion of all or part of the Order – or to split the Order and specify the deadlines for the completion of individual parts of the Order. In the event of selecting the latter option, the Customer cannot incur additional costs for the delivery of the split Order.
If the Customer’s offer cannot be accepted, the Sales Agreement is not concluded and the Seller shall immediately – no later than within 14 days – return the payments to the Customer to the extent to which the Sales Agreement was not concluded.

Information on the total value of the Order is determined after the Customer selects the delivery method and payment method, in the last step of placing the Order.

VI. Delivery

Delivery of the Goods is made to the address indicated by the Customer when placing the Order.
The Customer may choose the following forms of delivery of the ordered Goods:
1. via a courier company;
2. delivered to the parcel locker.
On the Store’s website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and deliver it, as well as the amount of fees for delivering the Goods.
The delivery and execution time of the Order is counted in Business Days.
The Seller provides the Customer with proof of purchase, i.e. a receipt or VAT invoice – in accordance with the information provided by the Customer in the Order form
If different delivery periods are provided for the Goods covered by the Order, the longest of the provided periods shall apply to the entire Order.

VII. Prices and Payment Methods

The prices of the Goods are given in Polish zloty, British pounds, US dollars or euros, according to the Customer’s choice, and include all components, including VAT, customs duties and other fees, except for delivery costs.
The final price binding the parties to the Sales Agreement or the Agreement for the supply of Digital Content is the Price placed next to the given Goods or Digital Content (Gift Card) at the time of placing the Order by the Customer.
In the event of a Price reduction, the Seller shall provide information about the previous lowest price, alongside information about the reduced Price.
The Customer may pay for the Order using electronic payments handled by external suppliers and under the terms and conditions set out in the regulations of such suppliers.
The customer can use the following payment methods:
electronic transfer,
transfer via payment system (PayU)
Cash on delivery,
If the Customer has a Gift Card, he or she may make payment using it.
The execution of the Order will commence after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives payment or information from the settlement agent’s system about the payment being made by the Customer.
The Seller shall inform the Customer on the Store’s websites about the deadline by which he/she is required to make the payment for the Order. In the event of the Customer’s failure to pay within the deadline referred to in the previous sentence, the Seller, after a previous unsuccessful request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right to Withdraw from the Sales Agreement and the Agreement for the Provision of Digital Content

A Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before it expires.
The declaration of withdrawal from the Sales Agreement may be sent:
1. in writing to the following address: ul. Nowy Świat 33 lok. 13, 00-029 Warsaw;
2. in electronic form: contact@yoschimoto.com;
The Customer may formulate the declaration independently or use the declaration template provided by the Seller on the Store website. The declaration template is also an annex to the Regulations.
The deadline for withdrawal from the Sales Agreement is counted from the day on which the Goods were delivered.
The Seller is obliged to immediately – no later than within 14 days from the date of receipt of the declaration of withdrawal – return to the Consumer all payments made by him, including the costs of delivery of the Goods.
The Seller shall refund the payment using the same method of payment that the Consumer used – unless the Consumer has expressly indicated another form of refund that does not involve additional costs for him. The Seller may withhold the refund of payments received from the Customer until the Goods are received back or the Customer provides proof of sending them back, depending on which event occurs first, unless the Seller has offered to collect the Goods from the Customer himself.
The costs of returning the Goods to the Seller – in the event of withdrawal referred to in this point – shall be borne by the Consumer.
In the event of effective withdrawal from the Sales Agreement, it is considered not to have been concluded. What the parties have provided is returned in an unchanged state, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.
After receiving the declaration of withdrawal from the Sales Agreement by the Consumer, the Seller will send a confirmation of receipt of this declaration to the Consumer’s e-mail address.
The right to withdraw from the Sales Agreement by the Consumer does not apply if the subject of the performance is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery, e.g. cosmetics, underwear.
The right to withdraw from the Agreement for the supply of Digital Content concluded at a distance does not apply to the Consumer in relation to Agreements for the supply of Digital Content that are not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the period for withdrawal from the Agreement for the supply of Digital Content and after the Seller has informed him of the loss of the right to withdraw from the Agreement for the supply of Digital Content. Otherwise, the performance of the Agreement for the supply of Digital Content will take place after the expiry of the period for withdrawal.
In the case of Digital Content, the commencement of performance is deemed to be the moment of delivery to the Customer of an e-mail with instructions on how to download or access the digital content, unless otherwise stated.
In order to meet the deadline for withdrawal from the Agreement for the supply of Digital Content, it is sufficient for the Consumer to send the Seller a declaration of withdrawal before the deadline for withdrawal from this Agreement expires, e.g. by e-mail.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints

General rules for complaints:
The Seller shall be liable to the Customer if the Goods or Digital Content are inconsistent with the contract.
The Customer may file a complaint if the Goods or Digital Content are inconsistent with the contract, as well as file complaints in connection with the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: YOSCHIMOTO Joanna Czajgucka-Terlecka, ul. Nowy Świat 33/13, 00-029 Warsaw, NIP 8992443962, REGON 362839305, to the e-mail address contact@yoschimoto.com , telephone +48 501487903;
In the complaint, the Customer should provide his/her name and surname, correspondence address, type and description of the problem, as well as a request related to the complaint.
If there are any deficiencies in the complaint, the Seller will request the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer, instructing them that failure to supplement the necessary information will result in the complaint not being considered.
The Seller will respond to the complaint within 14 days of receiving it. In the absence of a response within the aforementioned period, it is considered that the Seller has accepted the complaint.
The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer expressly indicated a different method of refund.

Complaints about Goods:
The Seller undertakes to deliver the Goods in accordance with the Agreement.
A Customer who is a Consumer may file a complaint regarding the Goods if the Goods do not conform to the Sales Agreement.
The Goods are deemed to be in accordance with the Sales Agreement if, in particular, their description, type, quantity, quality, completeness and functionality are in accordance with the Sales Agreement, as well as the Goods:
is suitable for the purposes for which Goods of this type are normally used, taking into account applicable laws, technical standards or good practice;
is present in such quantity and has such features as are typical for goods of this type and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurance given by the entrepreneur, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller:
he was not aware of the public statement and, judging reasonably, could not have been aware of it,
before the conclusion of the Sales Agreement, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made (or in a comparable manner),
the public assurance had no influence on the Consumer’s decision to conclude the Sales Agreement.
be supplied with accessories and instructions that the Consumer may reasonably expect to be supplied.
The Seller shall not be liable for the lack of conformity of the Goods with the Sales Agreement if the Consumer has been expressly informed that a specific feature of the Goods deviates from the requirements of conformity with the Agreement and, at the latest at the time of conclusion of the Sales Agreement, has expressly and separately accepted the lack of this feature of the Goods.
In the event of a complaint about the Goods, the Customer who is a Consumer may request their repair or replacement, a reduction in price or withdrawal from the sales contract – the latter only in the event of a significant defect in the Goods.
If the Consumer requests replacement or repair, and bringing the Goods into compliance with the contract according to their choice would be impossible or would require excessive costs, then the Seller may replace the repair with replacement and vice versa. The Seller shall inform about the above in the response to the complaint.
If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the Agreement.
The Seller shall repair or replace the Goods within a reasonable time from the date the Consumer notifies him of the non-conformity of the Goods with the Sales Agreement. The Seller shall bear the costs of repairing or replacing the Goods – including the costs of shipping, transport, labour and materials.
The Consumer is obliged to make the complained Goods available – the Customer should send or deliver the complained Goods at his own expense to the address indicated in section A, 2 above.
If the Goods are inconsistent with the Sales Agreement, the Consumer may submit a declaration of price reduction or withdraw from the Sales Agreement when:
The Seller refused to bring the Goods into compliance with the Sales Agreement,
bringing the Goods into conformity with the Agreement proved ineffective;
the lack of conformity of the Goods with the Sales Agreement is significant in that it justifies an immediate reduction in the Price or withdrawal from the Sales Agreement;
it clearly follows from the Seller’s statement or the circumstances that he will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Consumer.
The Consumer’s right to withdraw from the Sales Agreement is limited to the Goods that are inconsistent with the Sales Agreement, and not to the entire order.
In the event of withdrawal from the Sales Agreement, the Consumer is obliged to immediately return the Goods to the Seller at their expense, while the Seller is obliged to return the Price. The return should take place no later than within 14 days from the date of receipt of the Goods or proof of their return.

Complaints about Digital Content:
A Customer complaint regarding Digital Content also constitutes a request to bring the Digital Goods into compliance with the Digital Content Supply Agreement.
Non-conformity of Digital Content occurs when:
the description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates are inconsistent with the Agreement on the supply of Digital Content,
they will not be suitable for the specific purpose for which they are needed by the Consumer, about which the Seller was informed at the latest at the time of conclusion of the Agreement for the supply of Digital Content and which the Seller accepted,
will not be suitable for the purposes for which Digital Content of this type is normally used – taking into account applicable laws, technical standards and good practices,
they will not be present in such quantity and have such characteristics (including compatibility, functionality, availability, continuity and security) as are typical of Digital Content of this type, which the Consumer may reasonably expect, taking into account its nature and the public assurances made by the Seller (as well as its predecessors and persons acting on its behalf), unless the Seller proves that:
he was not aware of the public statement and judging reasonably he could not have known,
before the conclusion of the Agreement on the Supply of Digital Content, the public assurance was rectified in accordance with the conditions and form in which the public assurance was made (or in a comparable manner),
the public assurance had no influence on the Consumer’s decision to conclude the Agreement for the supply of Digital Content.
they will not be supplied with accessories and instructions that the Consumer may reasonably expect to be supplied,
they will not be consistent with the trial version or preview that was made available to the Consumer by the Seller before concluding the Agreement for the supply of Digital Content.
The Seller will bring the advertised Content into compliance with the Digital Content Supply Agreement within a reasonable time from the moment it was informed of its non-compliance with the agreement – taking into account the nature and purpose of using the Digital Content.\
The Consumer may also submit a declaration of a reduction in the price of the Digital Content or of withdrawal from the Agreement for the supply of Digital Content in the event that:
1. it is impossible or would require excessive costs to bring the Digital Content into compliance with the Agreement;
2. bringing about compliance with the Agreement proved ineffective,
3. the lack of conformity of the Digital Content with the Agreement is so significant that it justifies an immediate reduction in price or withdrawal from this Agreement,
4. it is clear from the Seller’s statement or the circumstances that he will not bring the Digital Content into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.
5. The Seller shall not be liable if the Customer’s digital environment is not compatible with the technical requirements indicated by the Seller.

X. Guarantees

Goods may have a warranty from the manufacturer of the Goods or the Seller.
In the case of Goods covered by warranty, information regarding the existence and content of the warranty and the period for which it was granted is each time presented in the description of the Goods on the Store’s website.
In the case of Goods covered by the manufacturer’s or Seller’s warranty, the Seller shall provide a warranty card along with the proof of purchase.
In the case of Goods covered by the manufacturer’s or Seller’s warranty, the Customer may make a complaint about the Goods with defects using the rights arising from the warranty granted or the rights to which he is entitled in connection with the non-conformity of the Goods with the Sales Agreement.
In the event of exercising the rights arising from the warranty, the Customer may submit a complaint directly to the manufacturer, unless the warranty was granted by the Seller, or submit a complaint to the Seller, who, as an intermediary, will immediately forward it to the guarantor.

XI. Extrajudicial methods of resolving complaints and pursuing claims

The submission of a complaint by a Customer who is a Consumer, as well as its rejection or leaving it without consideration by the Seller, does not affect the Customer’s right to pursue claims in court in accordance with applicable law.
A Customer who is a Consumer has, among others, the following options for using out-of-court methods of handling complaints and pursuing claims:
1. is entitled to refer to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded Sales Agreement;
2. is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation on the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porad@dlakonsumentow.pl ;
4. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/ .

XII. Procedure in the case of Customers who are not Consumers

A Customer who is not a Consumer has no right to withdraw from the Sales Agreement or the Agreement for the delivery of Digital Content.
Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty towards a Customer who is not a Consumer is excluded.
Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller’s registered office.
With respect to Customers who are not Consumers, the Seller may make changes to the Regulations at any time in accordance with generally applicable provisions of law.

XIII. Final Provisions

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may be used only in the manner specified in and in accordance with the Regulations.
The Seller warns that there may be an interruption or disruption in the provision of electronic services and the provision of the Online Store website, which may be caused by:
1. modification, modernization, expansion or maintenance of the Seller’s IT system or software,
2. force majeure, actions or omissions of third parties – beyond the Seller’s control.
The Seller shall not be liable for any impossibility or difficulties in using the Online Store resulting from reasons attributable solely to the Customer, in particular for the Customer’s loss of his Password or third parties coming into possession of the Password due to the Customer’s fault.
The Seller shall not be liable for any damage caused by the actions or omissions of Customers, in particular for their use of the Online Store in a manner inconsistent with the Regulations or legal provisions.
The provisions contained in the Regulations concerning the Consumer, concerning withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to their business activity, when it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity. Provisions on extrajudicial methods of resolving complaints and pursuing claims do not apply.
The settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a court with jurisdiction over the Seller’s registered office.
In matters not regulated in the Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
Each Customer will be informed of any changes to the Regulations through information on the main page of the Online Store containing the date of their entry into force. Customers with an Account will be additionally informed of the changes to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. In the event that the Customer with a Customer Account does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact within 14 days from the date of notification of the change to the Regulations. Notifying the Seller of the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.
Customers who purchased a given Product before the changes to the Regulations came into force shall be bound by the Regulations in force on the date of placing the Order.

WITHDRAWAL FORM SAMPLE

(this form should be completed and returned only if you wish to withdraw from the Sales Agreement)
– Addressee: YOSCHIMOTO Joanna Czajgucka-Terlecka, ul. Nowy Świat 33 lok. 13, 00-029 Warsaw, e-mail: returns@yoschimoto.com (optionally parcel locker WAW747M)
– I/We ^(*)hereby inform you ^ofmy/our withdrawal from the sales contract for the following goods ^(*)
– Product name
– Date of conclusion of the contract ^(*)/ receipt ^(*)
– Name and surname of the consumer(s)
– Address of consumer(s)
– Bank account number
– Signature of the consumer(s) (only if the form is submitted in paper format)
– Date
^(*)Delete where not applicable.