Internet store rules

TERMS AND CONDITIONS OF THE ONLINE STORE www.ymt24.pl

Effective as of June 1, 2016 (amended December 19, 2022)

• 1 General Provisions

1. The online store [hereinafter referred to as the "Store"], available at www.ymt24.pl, conducts retail sales via the Internet on the basis of these Terms and Conditions [hereinafter referred to as the "Terms"].
2. The owner of the Store is Mateusz Skotnicki, conducting business under the business name Yerba Mate 24 Mateusz Skotnicki, with its registered office in Krynica-Zdrój, at ul. Polna 6, 33-380 Krynica-Zdrój, NIP: 5170375345, REGON: 364488749, tel.: +48 725 648 900, e-mail: [email protected], entered into the Central Register and Information on Economic Activity (CEIDG).
3. The Terms are an integral part of the sales contract concluded with the Customer.
4. The Terms are drawn up in Polish and constitute a standard contract for distance sales, in accordance with the generally applicable provisions of Polish law.
5. A condition for concluding a sales contract is the acceptance of the Terms by the Customer.
6. Prices specified in the Store are gross prices (including VAT).
7. All products offered in the Store www.ymt24.pl are new, free from physical and legal defects, and have been legally introduced to the Polish market. This information is equivalent to the Seller's obligation to deliver defect-free products to the Customer.
8. Prior to placing an order, the Customer has the right to negotiate the contractual provisions with the Seller. If the Customer waives the option to conclude an agreement through individual negotiations, these Terms and generally applicable statutory provisions shall apply.
9. Upon a separate decision of the Buyer, the contents of these Terms constitute the contents of the Agreement concluded between the Parties. In accordance with applicable laws, the text of the Agreement is stored and made available to the Buyer on a durable medium to guarantee the Buyer's ability to refer to it if necessary.
10. Sales are conducted within the territory of the Republic of Poland.
11. The Customer has the opportunity to review the code of good practice for entrepreneurs. The code of good practice is set out in the Act of August 23, 2007, on Combating Unfair Market Practices. The current text of the Act is available at http://isap.sejm.gov.pl/.
12. The Buyer may place orders in the Store 24 hours a day, 7 days a week via the website www.ymt24.pl.
13. Communication with the Seller carried out by the Buyer incurs costs resulting from agreements concluded by the Buyer with third parties for the use of distance communication means; the Seller does not charge any additional fees or benefits for communicating with them.
14. The scope of business of the Yerba Mate 24 online store includes the retail sale of yerba mate teas, yerba mate sets and accessories, teas, spices, coffees, dietary supplements, health foods, and other products via the Internet.
15. In matters not regulated by these Terms, the relevant provisions of Polish law shall apply, in particular the Act of April 23, 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended), the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827), and the Act of August 29, 1997, on Personal Data Protection (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended).
16. The provisions of these Terms are not intended to exclude or limit any rights of a Buyer who is also a Consumer within the meaning of the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), granted to them under mandatory provisions of law. In the event of any conflict between the provisions of these Terms and the above laws, the statutory provisions shall prevail.
17. In the event of a dispute with the Seller, the Consumer has the opportunity to resolve the matter amicably by:

1. a) applying to a permanent consumer arbitration court,
2. b) mediation,
3. c) applying to a Voivodeship Inspector of the Trade Inspection,
4. d) obtaining free assistance in resolving the dispute from the Consumer Federation by calling the free consumer helpline at 800 007 707.

• 2 Definitions

• TERMS AND CONDITIONS – these regulations along with appendices, informing about the obligations and rights of the two Parties to the Agreement;
• PARTY – a Party to the Agreement is either the Buyer or the Seller; "Parties" refers to the Buyer and Seller collectively;
• DISTANCE CONTRACT – a contract concluded between the Parties at a distance, without the simultaneous physical presence of the two Parties, using distance communication channels available in the Store;
• COMMUNICATION CHANNELS – distance order channels specified in item 9 of Section I (GENERAL PROVISIONS);
• STORE – the online store available at www.ymt24.pl, also referred to as Yerba MaTe 24;
• SELLER – Mateusz Skotnicki conducting business under the firm Yerba Mate 24 Mateusz Skotnicki with its registered office in Krynica-Zdrój, at ul. Polna 6, 33-380 Krynica-Zdrój, NIP 5170375345, REGON 364488749, entered into CEIDG;
• SERVICE PROVIDER – Mateusz Skotnicki conducting business under the firm Yerba Mate 24 Mateusz Skotnicki with its registered office in Krynica-Zdrój, at ul. Polna 6, 33-380 Krynica-Zdrój, NIP 5170375345, REGON 364488749, entered into CEIDG;
• CUSTOMER – a natural person, legal entity, or organizational unit without legal personality granted legal capacity by statute, purchasing products via the Online Store at www.ymt24.pl;
• USER – any entity using the online store;
• CONSUMER – a natural person purchasing products through the online store ymt24.pl for purposes not directly related to their business or professional activity;
• BUYER – Customer and Consumer collectively;
• SERVICE RECIPIENT – a natural person, legal person, or organizational unit without legal personality granted legal capacity by statute, purchasing products via the online store at www.ymt24.pl, as well as using available store functionalities like an Account, Order Form, or Newsletter subscription;
• ORDER – an offer to conclude a sales contract submitted by the Buyer through the online store Yerba MaTe 24;
• ACCOUNT – an individual user panel accessible after registration and logging in at ymt24.pl, designated with a login and password, used to conclude sales contracts;
• REGISTRATION – the process of creating a User Account in the Yerba MaTe 24 online store;
• SALES CONTRACT – a product sales contract concluded between the Seller and the Buyer via the Online Store;
• PRODUCT – any item sold through the ymt24.pl online store;
• NEWSLETTER – an electronic service involving sending commercial information regarding own products to Service Recipients;
• PAYMENT METHOD – the payment option selected by the Buyer during order placement, as offered by the Store or arranged individually;
• DELIVERY METHOD – the delivery option selected by the Buyer during order placement or arranged individually;
• CART – a storage tool for selected products prior to final purchase;
• SALES DOCUMENT – VAT Invoice;
• APPENDICES – information on the right of withdrawal and model withdrawal form;
• CODE OF GOOD PRACTICE – a set of ethical and professional standards adopted under applicable law to combat unfair market practices, applied by the Seller;
• INFORMATION – product details displayed alongside the product photo, outlining its main characteristics;
• PLACE OF DELIVERY – the delivery address indicated by the Buyer in the order;
• MOMENT OF DELIVERY – the moment when the Buyer or an authorized person takes physical possession of the product;
• COMPLAINT AND WITHDRAWAL ADDRESS – the address or addresses specified by the Seller for receiving official declarations and correspondence;
• SUBJECT OF CONTRACT / SUBJECT OF PERFORMANCE – the products or services selected by the Buyer; delivery services selected by the Buyer are also included;
• ELECTRONIC SERVICES – functionalities of the ICT system enabling the Service Provider to offer technical solutions such as Account management, Newsletter services, and Order Form processing at a distance upon individual request;
• DEFECT – a physical defect or legal defect of the purchased product;
• ORDER FORM – an interactive technical system in the Online Store allowing the Buyer to place an order without prior Account Registration;
• ICT SYSTEM – technical structures, IT equipment, and software enabling data transmission.

• 3 Registration in the Yerba MaTe 24 Online Store

1. Registration in the ymt24.pl Online Store is voluntary and free of charge.
2. To register, the User should complete the registration form on the Store website, providing authentic details.
3. To successfully complete registration, the User must select either "Private Person" or "Company". If "Private Person" is chosen, the User provides:
• First name, Last name, Mobile phone, E-mail, Street and number, Postal code, City, Country.
4. If "Company" is chosen, the User provides:
• First name, Last name, Mobile phone, E-mail, Company name, NIP (Tax Identification Number), Street and number, Postal code, City, Country.
5. In addition to items 3 and 4, the User may specify a different delivery address and opt to receive marketing updates ("I want to receive news and promotions" - with option to unsubscribe anytime).
6. Once required fields are filled, a User Account is created.
7. If the User's details change, the User is requested to update them in the system promptly.
8. If details change after an order has begun processing, the User should update them and inform the Store.

• 4 Orders with Payment Obligation

1. Orders carrying an obligation to pay may be placed via:

1. a) the order form available on the Store's website,
2. b) email sent to the address provided on the Store's website,
3. c) phone numbers designated for orders listed under the Contact tab.

1. To fulfill an order, the Customer must provide verifiable details regarding the Customer and recipient. The Store confirms receipt of the order by email or phone. The Store reserves the right to refuse an order, limit payment methods, or request prepayment if there are reasonable doubts regarding the accuracy or authenticity of the data or payment method.
2. Information displayed on the Store website at the time of placing an order is binding on both Parties, specifically regarding price, product features, kit components, delivery timeframe, and method.
3. Information on the Store website does not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a Contract. Placing an order constitutes an offer by the Customer to purchase the goods. The contract is concluded when the Customer confirms the order by clicking the confirmation link sent by the Store via email.
4. To place an order, the Buyer adds selected products to the "Cart". Adding items to the Cart does not equal order placement; products can be added or removed freely.
5. The Cart allows the Buyer to manage ordered items and calculate total values.
6. To complete the order, select products, choose payment and delivery options, and proceed after logging into the Account.
7. After submitting, buyer details, delivery address, order value, and fulfillment choices are displayed. To finalize, click "Order and Pay".
8. Ordered goods will be delivered to the address indicated by the Buyer.
9. Dispatch takes place within up to 30 days from order placement.
10. The date of contract performance is the date the parcel is received by the Buyer or picked up in person at the Seller's premises.

• 5 Payments

1. The Store provides the following payment methods:
   
• Prepayment (Bank Transfer) – payment after receiving email confirmation to bank account: 12 1050 1562 1000 0092 2613 1861

Account Details: Yerba Mate 24 Mateusz Skotnicki, ul. Polna 6, 33-380 Krynica-Zdrój.

• Electronic Transfer (Przelewy24.pl & PayU) – online banking transfers processed via Przelewy24.pl, offering rapid processing.
• Card Payment (PayU & Masterpass) – payment by credit/debit card via PayU or Masterpass.
• Cash on Delivery (COD) – cash payment upon receipt to the courier or pickup point. Subject to higher processing fees.
• PayPal – reserved exclusively for international orders. Contact us prior to choosing PayPal.
• Shoper Payments (Blue Media S.A.) – online payment operator. Accepted cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
• Cash / Payment Card in Physical Store – payment upon personal pickup at our store on ul. Króla Stanisława Augusta in Rzeszów.
• Purchases are made according to product prices and delivery fees applicable at the moment of order placement.
1. Shipping costs are defined in the delivery price list.
2. The Seller reserves the right to change prices and shipping fees, except for orders already being processed.
3. Current shipping rates are displayed on the website subpages and in the Cart.
4. Delivery of goods is conditional upon payment for products and shipping fees.
5. In the event a refund is required for card payments, it will be credited back to the bank account linked to the payment card.

• 6 Order Fulfillment and Shipping

1. Delivery is made to the address indicated by the Buyer in the order form.
2. Goods are delivered via the method chosen by the Buyer.
3. Personal pickup is possible upon prior arrangement of date and time with the Seller.
4. Orders are processed on business days (Monday to Friday, 8:00 to 15:00), excluding statutory holidays.
5. The Buyer may select a carrier other than those offered by the Store. In such cases, risk of loss, damage, and responsibility for the parcel pass to the Buyer upon handover to the chosen carrier.
6. In cases described in item 5, notification regarding parcel liability is sent via email to the Buyer.
7. If a product is unavailable, the Seller will inform the Buyer immediately (within 30 days of contract conclusion at the latest), allowing the Buyer to decide on order status.
8. If custom specification items cannot be delivered temporarily, the Seller may, with the Buyer's consent, provide substitute performance of equal quality and price.
9. Delivery options include InPost Courier, InPost Paczkomaty, Orlen Paczka, UPS, GLS, FedEx, Poczta Polska, Apaczka, or personal pickup. Detailed costs: http://ymt24.pl/koszt-dostawy
10. For bank transfers, shipping occurs promptly upon receipt of funds or proof of payment. For COD orders, payment occurs upon receipt.
11. For online payments, shipping occurs promptly after successful authorization in the Przelewy24 system.
12. For personal pickup by a representative designated by the Buyer, identity verification (showing ID) may be requested.
13. Consumers (Art. 22¹ Civil Code) must inspect the condition of the shipment upon delivery in the presence of the carrier representative. If damage (dents, holes, broken item sounds) is noticed, report it to the carrier and draw up a damage protocol before signing receipt. Inspection speeds up claims for transit damage. Contact the Seller at +48 725 648 900 or [email protected].
14. Non-consumer Buyers are required to inspect the shipment condition upon delivery in the carrier's presence. If transit damage is found, a damage protocol must be drawn up and the Seller notified immediately.
15. For transfer or card payments, fulfillment time is calculated from the date the Seller's bank account is credited.

• 7 Complaints and Warranty (Statutory Warranty / Rękojmia)

1. For contracts with Consumers (Art. 22¹ Civil Code), the Seller is liable under statutory warranty (Articles 556 et seq. Civil Code) for physical or legal defects.
2. Statutory warranty liability applies if a physical defect is detected within two years of product delivery (or one year for used goods).
3. Claims for defect removal or replacement expire after one year from detection, but not earlier than two years after delivery (one year for used items).
4. If a shelf-life date set by Seller or manufacturer extends beyond two years, statutory warranty applies until that date.
5. A physical defect means non-conformity of the product with the Contract (lacking expected qualities, sample mismatch, unfit for stated purpose, incomplete state).
6. Public statements by manufacturers/importers are treated as Seller assurances, except where the Seller was unaware, statements did not affect the decision, or were corrected prior to contract.
7. Physical defects also include improper assembly/installation if performed by Seller or according to Seller instructions.
8. If a defect is detected within one year of delivery, it is presumed to have existed at the time delivery occurred. After one year, the burden of proof rests on the Consumer.
9. If a product is defective, the Consumer may:

1. a) request a price reduction,
2. b) declare withdrawal from the Contract (unless defect is minor),
3. c) demand replacement with a defect-free product,
4. d) demand removal of the defect.

1. The Consumer shall deliver the defective item to the Complaint Address at the Seller's expense (or provide access at item location if shipping is excessively difficult).
2. Consumers are requested to attach a description of non-conformity to facilitate complaint processing.
3. The Seller will respond to complaint notices within 14 (fourteen) days. Failure to respond implies acceptance of the Consumer's request.
4. Under price reduction or withdrawal requests, the Seller may offer immediate replacement or repair without unreasonable inconvenience to the Consumer.
5. Price reductions shall reflect the proportion between defective and non-defective item values.
6. For Non-Consumer Buyers, statutory warranty liability is explicitly excluded pursuant to Art. 558 § 1 Civil Code.
7. Complaint Address: Yerba Mate 24 Mateusz Skotnicki, ul. Króla Stanisława Augusta 38, 35-210 Rzeszów.

• 8 Guarantees (Manufacturer Warranties)

1. The Seller does not issue separate seller guarantees for products sold through the store.
2. If a purchased product is covered by a manufacturer's warranty, claims should be submitted directly to the warrantor/manufacturer.

• 9 Right of Withdrawal from the Contract

1. Pursuant to Art. 27 of the Consumer Rights Act, a Consumer concluding a distance contract may withdraw without stating reasons within 14 (fourteen) days of item delivery.

Declarations may be sent via email to [email protected] or by post to: Yerba Mate 24 Mateusz Skotnicki, ul. Króla Stanisława Augusta 38, 35-210 Rzeszów.

1. Online return portal: [https://zwroty-shoper.pl/?shop=yerba-mate-24&id=019ecfeb-a38d-7234-bce3-cb4258ae472c&lang=pl_PL]

Standard Protocol Form Content:ture: ______________   Buyer atu___________

5. Proof of purchase (receipt or VAT invoice) must be attached with the declaration.
6. In case of withdrawal, the contract is deemed null and void.
7. Products must be returned within 14 days of withdrawal declaration at the Consumer's cost and risk.
8. Consumers are liable for any diminished value resulting from handling beyond what is necessary to establish nature, characteristics, and functioning.
9. Refunds are processed within 14 days using the original payment method, unless agreed otherwise.
10. For international shipments, returns are only accepted if the buyer covers both outbound and return shipping costs.

1. Exceptions to Right of Withdrawal (Art. 38 Consumer Rights Act):
   
• Fully performed services initiated with explicit Consumer consent;
• Goods priced according to financial market fluctuations;
• Custom non-prefabricated goods made to individual specifications;
• Perishable goods or goods with short shelf lives;
• Sealed goods unsealed after delivery that cannot be returned for health or hygiene reasons;
• Inseparably mixed goods after delivery;
• Alcoholic beverages delivered after 30 days subject to market fluctuations;
• Urgent repairs or maintenance requested by Consumer;
• Sealed audio/video recordings or software unsealed after delivery;
• Newspapers, periodicals, or magazines (except subscriptions);
• Contracts concluded via public auction;
• Accommodation, transport, catering, or leisure services tied to specific dates;
• Digital content not supplied on a tangible medium once performance has begun with consent.

• 10 Services Provided Electronically

1. Electronic services provided free of charge: Account management, Order Form functionality, Newsletter.
2. Account and Newsletter contracts are concluded for an indefinite period.
3. Order Form service contracts terminate upon order submission.
4. Technical requirements: Internet connection, active e-mail, browser (IE 7.0+, Firefox 4.0+, Chrome 8+) with JavaScript and cookies enabled, recommended resolution 1024x768.
5. Users must refrain from delivering unlawful content or disrupting store operations.
6. Complaints regarding electronic services can be sent to [email protected] (processed within 14 days).
7. Service agreements can be terminated at any time without stating reasons by sending notice to [email protected].

• 11 Privacy Policy, Cookies & Store Reviews

1. Personal data processing complies with applicable privacy laws and GDPR standards.
2. Detailed details are available in the Privacy Policy and Cookie Policy on the site.
3. Store Reviews:
   
• Customers can voluntarily leave free reviews, photos, or ratings of purchased products.
• Review requests with links are sent via email following purchases (via TrustMate.io integration).
• Reviews can only be submitted for verified, actual purchases. Fictitious purchases or self-reviewing by Seller/employees are prohibited.
• Authors may delete their reviews at any time.

• 12 Intellectual Property

The name Yerba MaTe 24, website domain www.ymt24.pl, photos, descriptions, and content belong to the owner and are protected under copyright law. Unauthorized copying or distribution is prohibited.

• 13 Final Provisions

1. These Terms and Conditions shall enter into force on December 19, 2022.
2. Amendments to these Terms and Conditions may be made after informing Users of the scope of the planned changes no later than 14 days prior to the date of their entry into force.
3. Orders placed during the validity of a previous version of the Terms and Conditions shall be fulfilled in accordance with its provisions. If a User does not agree to the implementation of changes to the Terms and Conditions, they may delete their Account.
4. Any disputes arising between the Seller and a Customer who is a Consumer within the meaning of Article 22¹ of the Civil Code shall be resolved by a common court of competent jurisdiction in accordance with the provisions of the Code of Civil Procedure.
5. Any disputes arising between the Seller and a Customer who is not a Consumer within the meaning of Article 22¹ of the Civil Code shall be resolved by the common court having jurisdiction over the registered seat of the Store.
6. Customers may access these Terms and Conditions at any time via the link provided on the homepage of the ymt24.pl Online Store.
7. The Terms and Conditions may be saved, retrieved, and reproduced by printing or saving them on an appropriate data carrier.
8. Users may contact the Seller in the following ways:
   • by phone: +48 725 648 900,
   • via the contact form,
   • by email: [email protected],
   • in writing to the address: Yerba Mate 24 Mateusz Skotnicki, ul. Króla Stanisława Augusta 38, 35-210 Rzeszów.
9. Promotional campaigns, special offers, individual discounts, loyalty programs, wholesale price lists, products already on sale, and discount coupons (hereinafter referred to as discounts and price reductions) cannot be combined. When determining the discount amount, the single highest value among the available discounts and reductions shall apply, or in the case of discounted products, exclusively the promotional price shall apply, which is not subject to further discounting.
10. The ymt24.pl Online Store shall not be held liable for non-delivery or delays in the delivery of a parcel in situations where the Buyer provides incorrect or false shipping details in the order form.