The present Rules and Regulations determine the terms and conditions that regulate the functioning of the online Store available via the website at www.yourkaya.com, managed by Bright Future spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław, address: Duńska 7, 54-427, Wrocław, Poland, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, Poland, 6th Commercial Division of the National Court Register under the KRS No. 0000692159, Tax Identification Number (NIP) 5213792944, REGON Statistical No. 368186614, authorised share capital: PLN 10,800.00 (hereinafter also as: Seller or Service Provider).
This document is addressed both to Consumers and Entrepreneurs making a purchase via our website. Please note that some of the provisions of the Rules and Regulations may apply only and exclusively to Consumers, Entrepreneur with consumer's rights or Entrepreneurs. The Rules and Regulations are made available for the Customer before concluding the Sales Contract by being placed at www.yourkaya.com and along with Order placement confirmation in an electronic form, allowing for its storage and display in the ordinary course of activities. The contents of the Sales Contract are additionally saved to and stored on the IT system of the Seller's Store.
The Seller charges no fees for being contacted via means of distance communication, and the Customer may incur the cost of such communication only in the amount resulting from the agreement the Customer has concluded with a third party providing the service of distance communication for the Customer.
§1 Defined Terms
1. Postal Address – location within a city, town or village (in the event where the foregoing are divided into streets: the street, building number, flat or premises number; in the event of no division into streets: name of the city, town or village, and the number of real property), the postal code and the name of the city, town or village.
2. Address for complaints: Bright Future sp. z o.o., Heliotropów 29 04-796, Warsaw, Poland.
3. Price – the price that the Customer undertakes to pay to the Seller in exchange for transferring the title and ownership in the Product onto the Customer. The Price of the Product indicated in the Store is expressed in the Polish currency or in Euro (depending on the settings of the online Store's website chosen by the Customer) and is a gross value, i.e. inclusive of all applicable taxes. The price is exclusive of the Delivery costs.
4. Price List of Deliveries – summary of the available delivery methods and their costs.
5. Live Chat – an Electronic Service provided by the Service Provider in the form of an electronic form available at www.yourkaya.com, via which the Customer may contact the Seller in real time.
6. Delivery – a type of a transport service along with indication of the carrier and costs, mentioned in the Price List for deliveries.
7. Proof of Purchase – an invoice, bill or receipt issues in accordance with the Act of 11 March 2004 on the goods and services tax (with subsequent amendments), and other relevant provisions of law.
8. Working day – any day from Monday to Friday, excluding days which are recognised as bank holidays.
9. Contact Form for companies – an Electronic Service provided by the Service Provider in the form of an electronic form available at www.yourkaya.com, via which an individual representing the Entrepreneur may contact the Seller.
10. Registration Form – an Electronic Service provided by the Service Provider in the form of an electronic form available at www.yourkaya.com, via which the Customer may set up an individual Account.
11. Order Form – an Electronic Service provided by the Service Provider in the form of an electronic form available at www.yourkaya.com, via which the Customer may place the Order and conclude the Sales Contract.
12. Product Card – a single subpage of the Store containing information about a given Product.
13. Customer/Service User – a natural person having full capacity to perform acts in law (in the cases specified by law, also an individual with limited capacity to perform acts in law), a natural person conducting economic activities, as well as a legal person or an organisational unit without legal personality but having legal capacity granted under the law, which intends to conclude or has concluded the Sales Contract with the Seller, or which intends to use or is using any of the Electronic Services available.
14. Civil Code – the Act of 23 April 1964. The Civil Code.
15. Consumer – a natural person involved in a legal act with an entrepreneur, which is not directly related to that person's economic or professional activities (in accordance with Article 22(1) of the Polish Civil Code).
16. Shopping Cart – a list of Products made from the Products offered in the Store, based on the Customer's choice.
17. Account – an Electronic Service provided by the Service Provider, which is protected by login and password determined individually by each Customer, constituting a set of data in the ICT system as well as allowing for the collection of and access to the data entered by the Customer, including the data concerning the Orders placed by the Customer to date, the status of pending Orders or the use of Product Subscription.
18. Place for Product release – The Postal Address or the Self-Pickup Point indicated by the Customer in the Order.
19. Moment of item release – the moment in which the Customer or the third party indicated by the Customer for collection takes possession of the Product. A third party shall not be the carrier.
20. Newsletter – an Electronic Service provided by the Service Provider in the form of sending regular information by electronic means to the e-mail address given by the Customer, concerning the Products, novelties, promotions in the Store, activities of the Store or the Seller, interesting events or new contents available on the blog.
21. ODR Platform – (Online Dispute Resolution) the EU website constituting a single point of access for consumers and entrepreneurs who want to resolve their disputes out of court. This website works on the basis of the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and directive 2009/22/EC, and is available at https://webgate.ec.europa.eu/odr.
22. Payment – the act of paying for a Product and Delivery.
23. Consumer Law – the Act of 30 May 2014 on consumer rights.
24. Product – a movable item available in the Store, constituting the subject matter of the Sales Contract concluded by and between the Seller and the Customer.
25. Subject Matter of the Contract – the Products and Delivery being the subject matter of the Sales Contract.
26. Entrepreneur – the entity entering into the Sales Contract with the Seller as part of the economic activities pursued.
27. Entrepreneur with consumer's rights – a natural person concluding a contract directly related to his/her economic activities, when the contents of this contract indicate that it is of no professional nature for this person, arising – in particular – out of the objects of the economic activities conducted by this person, as per the provisions on the Central Electronic Register and Information on Economic Activity; mentioned in Article 385 (5), Article 556 (4), Article 556 (5) and 576 (5) of the Polish Civil Code, as well as Article 38a of the Consumer Law.
28. Self-Pickup Point – the Place for Product release which is not the Postal Address of the Customer, included in the list made available by the Seller in the Store.
29. Store – the website available at www.yourkaya.com, through which the Customer may place an Order.
30. Lead Time – the number of hours or Working Days indicated on the Product Card, specifying the time limit for Order completion.
31. Sales Contract – a distance contract within the meaning of the Act of 30 May 2014 on Consumer Rights in the case of Consumers, as well as – to the relevant extent – in the case of Entrepreneurs with consumer's rights, as well as the contract of sale within the meaning of Article 535 of the Polish Civil Code in the case of Entrepreneurs.
32. Electronic Service – a service provided electronically by the Service Provider within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means, available via the website at www.yourkaya.com, for example: the Registration Form, the Account, the Order Form, the Newsletter, the Contact Form for companies, and the live Chat.
33. Defect – both a physical defect and a legal defect of the Product.
34. Physical defect – nonconformity of the item sold with the Contract, particularly where the Product:
a. lacks the characteristics that a the given Product should have due to its purpose specified in the Contract or arising out of the circumstances or its intended use;
b. lacks the characteristics about the existence of which the Seller ensured the Customer, also by presenting a sample or model;
c. is unsuitable for the intended use about which the Customer informed the Seller upon conclusion of the Contract, and the Seller did not raise any objections concerning such an intended use;
d. released to the Customer is incomplete.
35. Legal Defect – a situation when the Product sold is owned by a third party or encumbered by a third party right, as well as when the limited use or disposal of the Product arises out of a decision or decree by a competent body.
36. Order – a declaration of intent by the Customer, made via the Store and explicitly specifying: the type and number of Products, the type of Delivery; the Payment Method, the Place for Product release, the data of the Customer and directly targeted at the conclusion of the Sales Contract by and between the Customer and the Seller.
§2 Electronic Services
1. Through our website, we provide Service Users with free-of-charge access to such electronic services as: The Account, the Registration Form, the Order Form, the Contact Form for companies, the Newsletter, and the live Chat.
2. The Service User undertakes to use the Electronic Services in a lawful manner, including in particular:
a. not to provide unlawful contents, including contents promoting violence, libelling or infringing the personal interests and other rights of third parties;
b. to respect the rights of the Service Provider and of third parties, including the copyrights and other intellectual property rights;
c. to use the Store in a manner that does not interfere with its functioning, especially by using specific software or devices;
d. to refrain from such actions as distributing or posting any unsolicited commercial information (spam) in the Store;
e. to use the Store in a manner that is not onerous to other Customers and the Seller;
f. to use any and all contents placed in the Store only for one's own personal purposes;
g. to use the Store in a manner compliant with the provisions of these Rules and Regulations.
3. Any and all complaints concerning the Electronic Services provided by the Service Provider can be send by the Service User to the e-mail address: [email protected], as well as in writing to: Bagatela 10/8, 00-585 Warsaw, Poland. We advise that Service User, while writing the complaint, include information that may facilitate and accelerate the process of complaint examination. Such information include, for example: the Service User's contact data, the data concerning the item complained about (including the date on which the irregularity emerged) and the Service User's demand related to the complaint submitted. The Service Provider shall respond to the Service User's complaint forthwith, not later than within 30 days from its receipt.
4. The Seller guarantees to the Service User using the Electronic Services that such Services will be working properly where the following technical requirements are met: web browsers – Microsoft Edge, Firefox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH, on screens with horizontal resolution over 1024 px. The use of third-party software affecting the operation and functionality of Internet browsers: Microsoft Edge, Firefox, Opera, Chrome, and Safari may determine the correct display of the Store. Therefore, to ensure full functionality of the Store, it is necessary to deactivate all of them.
5. In order to use the free-of-charge Electronic Service provided for an indefinite period, in the form of the Account, the Service User will be requested to fill in the Registration Form, where the Service User should provide such data as: name and surname, e-mail address (which will act as the login) and the telephone number. The Service User should also set an individual password used for logging into the Account. The login and password are a sequence of characters determined by the Customer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The Service User may have only one Account assigned to a single e-mail address.
6. The Account allows the Service User to introduce, edit or remove data, including delivery addresses, place Orders using the data introduced by the Customer, create shopping lists, browse the Order history, the status of pending Orders, the payment status, as well as order and resign from ordering the Newsletter. From the level of the individual Account, the Service User may also manage personal Product Subscriptions.
7. The Service User represents that the data provided in the Registration Form are true and do not infringe the rights of any third party.
9. Where the Service User has forgotten the password to his/her Account, s/he may use the option of "I have forgotten my password" ("Nie pamiętam hasła") available in the login tab. After entering the e-mail address provided by the Service User while setting up the Account, and choosing the "Retrieve my password" ("Odzyskaj hasło") option, an e-mail message shall be sent to this address with a link for changing the current password.
10. The Service User shall have the right to resign from using the Electronic Service in the form of the Account at any time, by sending a message with a relevant instruction by e-mail to [email protected] The order to remove an Account is accepted for execution upon confirmation whether the individual raising the demand is the owner of the given Account. The Account is removed immediately and shall mean termination of the contract for the provision of electronic services by the Service User, the subject matter of which is the administration of the Customer's Account.
11. The Service Provider shall be authorised to block the Service User's Account in the cases provided for in commonly applicable laws, as well as for important reasons, such as:
a. When the Service User uses the Store in violation of the generally applicable provisions of law, third party rights, including the personal interests or principles of social interaction;
b. when the Service User repeatedly (at least twice) infringes the provisions of these Rules and Regulations;
c. when the Customer repeatedly (at least twice) orders the Products payable on receipt of the subject of the Order by providing false address information that precludes finding the addressee.
12. The Service Provider shall inform the Service User about blocking the User's Account via e-mail. Blocking the Account is tantamount to terminating the contract with the Customer for the provision of electronic services with immediate effect.
13. To place an Order, the Service User may use a free-of-charge, one-off Electronic Service in the form of the Order Form. This service is activated upon adding a Product to the Cart by the Service User.
14. After choosing the Products, the Service User will be requested to complete the data concerning the Customer in the Order Form, such as: name and surname, e-mail address and telephone number. Additionally, the Service User will be requested to choose the method of Payment and Delivery. To finalise the ordering process, the Service User should choose the "Buy and pay" ("Kupuję i płacę") option. If the Service User has chosen the electronic payment method for the Product, the Service User will be automatically redirected to the selected online payment system.
15. The use of the Electronic Service in the form of the Order Form must be terminated, at the latest, upon placing the Order. After submitting the Order, the Order placement confirmation message will automatically be sent to the e-mail address indicated by the Customer.
17. The Newsletter is a free-of-charge Electronic Service provided for an indefinite period, and the Service User shall have the right to resign therefrom at any time. In order to resign from the Newsletter, the Service User may send a message with a relevant instruction via email to [email protected], or in writing to the following address: Bagatela 10/8, 00-585 Warsaw, Poland or clicking on the "Unsubscribe" ("Wypisz się") link (or equivalent) that can be found at the bottom of each message in which the Newsletter is sent.
18. To contact the Service Provider, the Service User may use a free-of-charge Electronic Service in the form of the live Chat. Using this service begins by choosing the option "Send us a message" ("Wyślij do nas wiadomość"), filling in the message field and clicking on the "Send" ("Wyślij") button. Through the live Chat functionality, our consultant may answer the Service User's questions. Once the live Chat window has been closed, the conversation is automatically archived.
19. If the Service User is an Entrepreneur and would like to contact us, for example, to undertake business cooperation, may use a free-of-charge, one-off Electronic Service in the form of the Contact Form for companies. For this purpose, the Service User will be requested to give his/her name and surname, as well as the company represented and the e-mail address. The use of an Electronic Service in the form of the Contact Form for companies shall begin no later than upon choosing the "Send" ("Wyślij") option. Our consultant shall contact the Service User with a response to the message sent by using the e-mail address indicated by the Service User.
20. In the case of Customers who are not Consumers, the Service Provider may terminate the contract for the provision of any Electronic Service with immediate effect and without giving any reason therefor, by sending such Customers a relevant statement in any form. This provision shall not apply to Customers who are Entrepreneurs with consumer's rights.
§3 General Provisions of the Sales Contract
1. The Contract shall be concluded in Polish, pursuant to the Polish law and these Rules and Regulations, without prejudice to the protection guaranteed to Consumers and Entrepreneurs with consumer's rights under the mandatory provisions of the country of their habitual residence.
2. The Parties to the Sales Contract include the Seller and the Customer. Based on the Sales Contract, the Seller undertakes to transfer the title and ownership in the Product onto the Customer and deliver it to the Customer according to the Sales Contract, and the Customer undertakes to pay the Product Price and the Delivery costs to the Seller, and to collect the Product.
3. To place an Order, it is not necessary for the Customer to have the Account. In this case, it is enough to complete the Order Form. However, if the Customer decides to use the Product Subscription service, it is then necessary for the Customer to set up an individual Account.
4. The Seller may change the Prices of Products, introduce new Products into the Store's offer, as well as carry out promotional campaigns. A change in the Price made by the Seller shall not affect the Orders placed before such a change in the Price became effective.
5. The Seller shall be obliged to provide services and deliver Products free of any Defects whatsoever.
6. The Seller declares that, via the online Store, the Seller neither provides wholesale trade services of the Products nor sells any of the Products for further resale
§4 Conclusion of Sales Contract and execution of the Order
1. Orders may be placed 24 hours a day.
2. To place an Order, the Customer should perform at least the following activities, some of which can be repeated many times:
a. adding a Product(s) to the Cart
b. choosing the type of Delivery;
c. choosing the Payment Method;
d. choosing the Place for Product release
e. confirming the placement of the Order in the Store by using the "Buy and pay" [Kupuję i płacę] button.
3. The Sales Contract by and between the Customer and the Seller is concluded after prior placement of an Order by the Customer. After receiving the Order, the Seller shall immediately send the confirmation thereof to the e-mail address of the Customer provided by the Customer while placing the Order. Order confirmation shall be tantamount to the statement of Order acceptance by the Seller. Upon receipt of this message by the Customer, the Sales Contract is concluded.
4. The fulfilment of the Client's Order payable on receipt shall begin immediately after concluding the Sales Contract, while in the case of the Client's Order payable via the online payment system – after concluding the Sales Contract and crediting the Customer's Payment on the bank account of the Seller or of the entity providing financial intermediation services for the Seller. Where the Customer has chosen a payment method other than payment on receipt, and this payment has not been made, the Order shall be deemed to have been withdrawn, and if the Seller has already confirmed the acceptance of the Order – the Sales Contract shall be terminated.
5. The Product shall be delivered within the time limit specified in the Product Card and, in the case of Orders encompassing a number of Products, within the longest time limit specified in the Product Cards. If the Customer is a Consumer or an Entrepreneur with consumer's rights, the Product should be released immediately, not later than within 30 days after concluding the Sales Contract.
6. The Product purchased is shipped according to the type of Delivery chosen by the Customer to the Place for Product release indicated by the Customer in the Order.
7. The Seller issues and sends Customers electronic invoices. By accepting the present Rules and Regulations, the Customer consents to receiving electronic invoices to the e-mail address indicated by the Customer. In the event where it is necessary to issue a correcting invoice, the invoice shall be issued by the Seller along with payment return to the Customer's bank account. The correcting invoice shall be sent to the Customer by electronic means to the email address provided while the Order was being placed, which the Customer consents to.
8. The Seller shall have the right to withdraw from the Sales Contract concluded with the Customer who is not a Consumer and the Entrepreneur with consumer's rights within 14 days of its conclusion. In such a case, the Seller shall have the right to withdraw from the Sales Contract without giving any reason therefor, which shall not give rise to any claims against the Seller from the Customer who is not a Consumer and the Entrepreneur with consumer's rights.
§5 One-off or regular shipment (Product Subscription)
1. While placing an Order, the Customer may choose the so-called periodical shipment (Product Subscription). It involves placing an Order which renews at the frequency chosen by the Customer, without the Customer having to make any additional statements. As a result, the Customer receives the Products on a regular basis, e.g. every single, second or third month (according to the Customer's choice) without having to place a separate Order each time.
2. The Product Subscription makes it possible for the Customer to conclude the Sales Contract with the Seller at more favourable terms and conditions, including – in particular – a lower Price of the Product compared to its regular Price under the Order with one-off shipment.
3. The Customer may edit or cancel the Product Subscription at any time.
4. Editing the Subscription may involve, in particular, changing the Place for Product release, the date of the next delivery or any Products from the list subject to Subscription.
5. To use the Product Subscription, it is necessary for the Customer to register by setting up an individual Account.
6. While choosing the service of Product Subscription, the Customer consents to his/her payment card being regularly charged by the payment operator (Stripe) with the Price of the Products under Subscription, according to the rules and regulations of the payment operator in question. The Price will be charged by the payment operator according to the frequency of shipment chosen by the Customer while placing the Order and on the day corresponding to the date of Product Subscription set by the Customer. The shipment frequency may be modified by the Customer at any time.
7. Under the service of regular payments, the Customer may enter the card's data and set up a permanent payment order. The details of the card will be stored by the Payment operator (Stripe). As intermediary in the payment process, the payment operator provides a Token (a virtual card identifier), which is a tool for assigning a unique identifier to an individual Customer, which is used by the Customer for making regular payments for the Seller.
8. The Customer may, at any time, resign from the service of Product Subscription, without any notice period – it is enough to enter the individual Account and mark the right option in the "Your Subscriptions" ("Twoje subskrypcje") tab.
§6 Payment Methods
1. The Payment Methods available in the Store are as follows:
a. Electronic payment through an instant online payment system (online payments);
b. Payment on receipt (cash on delivery) – in such a situation, the Customer is obliged to pay the Price for the Product(s) in cash upon receipt of the shipment. Please note that some carriers also accept payments by cards;
c. Payment by debit or credit cards (the payment method available while choosing Product Subscription and one-off orders).
2. The Client's obligation to pay in the cases referenced in Section 1 a) and c) hereinabove shall be met upon crediting the payment on the bank account of the entity that provides financial intermediation services for the Seller.
3. The Customer shall be obliged to pay the Price of Products and costs of Delivery in the amount indicated in the Order.
4. The online payment service is executed by PayU S.A. with its registered office in Poznań, 60-166 Poznań, Grunwaldzka 186, Poland, entered into the Register of Entrepreneurs maintained by the District Court in Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register [KRS] under KRS No. 0000274399, authorised share capital of PLN 4,944,000 (paid up in full), NIP No.: 7792308495. The rules and regulations of PayU S.A. determining the principles of making payments are available for Customers at the internet website of PayU S.A. at poland.payu.com.
5. The payment service via a debit or credit card is executed by Stripe with its registered office in San Francisco, CA 94103, United States, 510 Townsend St. The Seller neither manages nor stores any data from the Customer's card (debit or credit). The rules and regulations of Stripe, specifying the principles of payments, are available for Customers at www.stripe.com.
6. In the event where the Seller makes it possible to use an online payment service provided by a payment operator other than the ones indicated above, such information will be placed in a suitable tab concerning payment methods at the Store's website.
7. In the event where it is necessary to return the funds for a transaction made by the Customer using a payment card, the refund of the funds shall be effected to the bank account assigned to the Customer's payment card which was used to perform the said Payment.
8. In the case of Customers who are not Consumers, the Seller may limit the available Payment Methods, as well as demand that a pre-payment be made in whole or in part, regardless of the Payment Method chosen by the Customer who is not a Consumer and the fact of concluding the Sales Contract. This provision shall not apply to Customers who are Entrepreneurs with consumer's rights.
1. The Place for Product release chosen by the Customer may be located within the territory of the Republic of Poland or the territory of another Member State of the European Union, according to the tab concerning type of Delivery on our website.
2. Within the territory of Poland, the Seller makes it possible for Customers to have their Products delivered by courier.
3. All Orders within the territory of Poland are shipped via courier companies: DHL or InPost. We also offer a self-pickup option in the DHL delivery pickup points, for example in Żabka stores, RUCH kiosks, stores such as Freshmarket, Inmedio, 1minute, and Relay, as well as in the following petrol stations: Shell, Orlen, MOYA.
4. The Product is delivered for a consideration, unless otherwise stipulated in the Sales Contract.
5. Detailed information concerning the costs and types of Delivery, including the costs and types of Delivery outside the territory of Poland, is available in the "Price List of Deliveries" and displayed for the Customer in the process of Order placement.
6. Depending on the Payment Method for a given Product chosen by the Customer, there may be different types of Delivery to choose from. This is, amongst others, due to the fact that not all DHL self-pickup points respect payments on receipt. Therefore, in order to determine the possible Payment Methods and types of Delivery, it is necessary to follow the instructions appearing on the screen while the Order is being placed.
7. The Order lead time (Product delivery) from the moment of obtaining positive payment authorisation (and in the event where the payment on receipt is chosen, from the moment of placing the Order) shall range between 1 and 5 Working Days.
8. If the Customer is an Entrepreneur, all the benefits and burdens related with the Product, including the risk of accidental loss of or damage to the Product, shall be transferred onto the Customer upon the release of the Product to the carrier. In such a case, the Seller also shall not be liable for any potential delays in the delivery on the part of the carrier. This provision shall not apply to Customers who are Entrepreneurs with consumer's rights.
§8 The right to withdraw from the Sales Contract
1. Under Article 27 of the Consumer Law, the Consumer shall have the right to withdraw from the Sales Contract without specifying the reason therefor.
2. The time limit for withdrawal from the Contract is 14 days, and it starts to run:
1) for a contract, under the performance of which the Seller releases a Product, being obligate to transfer the title and ownership therein (e.g. the Sales Contract) – from taking possession of the Product by the Consumer or a third party indicated by the Consumer, other than the carrier, and in the case of a contract which:
a. encompasses a number of Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part;
b. which involves regular deliveries of the Products for a specified period – from taking possession of the first Product, 2) for other contracts – from the day of contract conclusion. To comply with the time limit, it is sufficient to send a statement before it expires.
3. The right to withdraw may be executed by sending an e-mail address with an explicit statement on withdrawal from the contract to the e-mail address: [email protected] or in writing to: Bright Future spółka z ograniczoną odpowiedzialnością [limited liability company], Bagatela 10/8, 00-585 Warsaw, Poland. The Customer may use a sample Contract Withdrawal Form provided by the Seller in Appendix No. 1 to these Rules and Regulations, but it is not obligatory.
4. If the Consumer has exercised the possibility to submit the statement on withdrawal by electronic means, the Seller shall immediately send the Consumer the confirmation of receipt of this statement on withdrawal from the Sales Contract, by sending a message to the e-mail address provided by the Consumer.
5. In the event of withdrawal from the Contract, the Sales Contract shall be deemed not to have been concluded.
6. The Consumer shall be obligated to immediately return the Product to the Seller, not later – however – then within 14 days from the date on which the Consumer withdrew from the Sales Contract. To comply with the time limit, it is sufficient to send the Product back before it expires. The cost of Product return shall be borne by the Consumer.
7. The Consumer shall send back the Products being the Subject Matter of the Sales Contract which the Consumer has withdrawn from to the following address: Bright Future sp. z o.o., Heliotropów 29, 04-796 Warsaw, Poland.
8. The Consumer shall be liable for diminishing the value of the Product as a result of handling the Product in a manner other than what is necessary to establish the nature, characteristics and functioning of the Product.
9. The Seller shall be obliged to immediately, but not later than within 14 days after receiving the Consumer's statement on withdrawal from the Sales Contract, refund all the payments made by the Consumer, including the costs of delivering the Product to the Consumer. However, this does not concern any additional costs arising out of the Customer's choice of a delivery methods other than the cheapest ordinary means of Product delivery provided by the Seller. The Seller may withhold the return of the payment received from the Consumer until the Product is returned or a proof of the Product return is provided by the Consumer, depending on which occurs earlier.
10. The Seller makes a refund of the Payment using the same Payment Method as the one used by the Consumer for a given Order, unless the Consumer has expressly consented to a different method of payment which is not associated with any extra costs for the Consumer. If it is necessary to return the funds paid by the Customer via the online payment system, the Seller shall make the settlement using this system.
11. According to Article 38 of the Consumer Law, the Consumer shall not have the right to withdraw from a contract:
a. for the performance of services if the entrepreneur has completed the service at the express consent of the Consumer, who was informed prior to the provision of the service that once it is completed by the entrepreneur, the consumer shall lose the right to withdraw therefrom;
b. where the subject matter of the service is a non-prefabricated item produced as per the Consumer's specification or intended to satisfy the Consumer's individual needs;
c. where the subject matter of the service is an item liable to deteriorate or expire rapidly;
d. where the subject matter of the service is an item delivered in a sealed package, which cannot be returned once it has been unpacked due to reasons of health protection or hygiene, if the package has been unsealed after delivery.
e. where the subject matter of the service includes items which, after delivery, due to their nature, become inseparably connected with other items;
f. where the subject matter of the service includes audio or video recordings, or computer software delivered in a sealed package, if the package has been unsealed after delivery.
g. for the delivery of digital content which is not stored on any tangible media, if the performance of the service commenced at the express consent of the Consumer prior to the expiry of the time limit for withdrawal from the contract and upon informing the Consumer by the entrepreneur about the loss of the right to withdraw therefrom;
h. for the delivery of journals, periodicals or newspapers, except for a subscription contract.
§9 Complaints concerning Products
1. Under Article 558 § 1 of the Polish Civil Code, the Seller completely excludes the liability against Entrepreneurs for physical and legal defects (warranty) of the Products. This provision shall not apply to Customers who are Entrepreneurs with consumer's rights.
2. The Seller shall be liable towards the Consumer based on the principles laid down in Article 556 et seq. of the Polish Civil Code for physical or legal defects (warranty).
3. In the case of a contract with the Consumer, if the physical Defect was found before the expiration of one year from the moment of Product release, the Defect shall be presumed to have existed upon the transfer of the risk onto the Consumer.
4. The Consumer may submit a complaint, amongst others, via e-mail to [email protected]yourkaya.com or in writing to the following address: Bagatela 10/8, 00-585 Warsaw, Poland. Consumers may use the complaint form provided by the Seller and included in Appendix No. 3 to the Rules and Regulations.
5. For efficient examination of the Consumer's complaint, it is recommended for the Consumer's complaint to contain the following data:
a. contact information of the Consumer;
b. Order number;
c. indication of the Product complained about;
d. description and date of the defect found;
e. the Consumer's demand related to the complaint submitted (the demand for Defect removal, the demand for Product replacement with a new one, the demand for Price reduction, or the demand for withdrawal from the Sales Contract in connection with the Defect found).
6. Where the Product has a Defect, the Consumer may file a statement of demand for withdrawal from the Sales Contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective Product with a new one free of defects, or removes the defect in question. This limitation shall not be applicable if the Product has already been replaced or repaired by the Seller, or the Seller has failed to meet the obligation to replace the Product with a new one free of defects or to remove the defect.
7. The Consumer may, instead of the method for defect removal offered by the Seller, demand that the Product be replaced with a new one free of defects or – instead of Product replacement – that the defect be removed, unless bringing the Product into conformity with the Sales Contract in the manner chosen by the Consumer is impossible or would entail excessive costs compared with the methods offered by the Seller. The assessment the excessive costs shall take into consideration the value of the Product free of defects, the type and importance of the defect found, as well as the inconvenience that would be caused for the Consumer if the obligation were satisfied otherwise.
8. The Consumer may not withdraw from the Sales Contract if the defect is negligible.
9. Where the Product has a Defect, the Consumer may also demand that it be replaced with a Product free of defects or demand that the Defect be removed. In such a case, the Seller shall be obliged to replace the defective Product with one free of defects or remove the Defect at a reasonable time without causing undue inconvenience for the Consumer. However, the Seller may refuse to meet the Consumer's demand, if bringing the defective Product into conformity with the Sales Contract in the manner chosen by the Consumer is impossible or, compared with the other possible manner of bringing it into compliance with the contract, would require excessive costs.
10. The Consumer who is exercising his/her rights under warranty shall be obligated to deliver the defective Product to the Address for complaints, at the Seller's expense.
11. The costs of replacement or repair shall be incurred by the Seller.
12. The Seller undertakes to accept the defective Product from the Consumer in the event of replacement with a new one free of defects or withdrawal from the Sales Contract.
13. Within 14 days, the Seller shall address the issues stipulated in Article 561(5) of the Polish Civil Code, namely the demand for Product replacement or Defect removal, or the statement of demand for Price reduction if the Consumer specified the amount by which the Price should be reduced. Within the time limit of 30 days (Article 7a of the Consumer Law), the Seller shall address any other statement by the Consumer which is not regulated by the time limit of 14 days set forth in the Polish Civil Code. Otherwise, the Seller shall be deemed to have acknowledged the Consumer's statement or demand.
14. The Seller shall be liable under warranty if a physical defect is found before 2 (two) years have elapsed since the Moment of item release to the Consumer.
15. The Consumer's claim for Defect removal or Product replacement with a new one free of defects shall be subject to limitation after 1 (one) year from the date on which the defect was found. The period of limitation may not expire before two years have elapsed since the Moment of item release to the Consumer.
16. In the event where the use-by date specified by the Seller or the producer expires after 2 (two) years from the Moment of item release to the Consumer, the Seller shall be liable under warranty for physical defects of this Product found before the expiry of this time limit.
17. Within the time limits specified in §9 points 14-15, the Consumer may submit a statement on contract withdrawal or price reduction due to the physical Defect in the Product, and if the Consumer demanded Product replacement with a new one free of defects or defect removal, the time limit for submitting a statement on contract withdrawal or price reduction shall run from the moment of ineffective expiration of the time limit for Product replacement with a new one free of defects or defect removal.
18. In the event of seeking one of the rights under warranty before a court or a court of conciliation, the term for exercising the other rights vested in the Consumer thereunder shall be suspended until the legally binding conclusion of the proceedings. The same applies accordingly to mediation proceedings, with the reservation that the time limit for exercising the other rights under warranty vested in the Consumer shall begin to run from the day on which the court denies to approve the settlement concluded before the mediator or the day of ineffective conclusion of the mediation.
19. The exercise of the rights under warranty for legal Defect of the Product shall be regulated by §9 points 15 and 17-18, with the reservation that the time limit begins to run from the day on which the Consumer learned of the Defect, and where the Consumer learned of the Defect only due to a third-party claim – from the day on which the decision issued in the dispute with the third party has become legally valid.
20. If, due to the Product's Defect, the Consumer has submitted a statement on contract withdrawal or price reduction, the Consumer may demand redress of the damage incurred as a result of concluding the contract, without knowing about the defect, even if the defect is the consequence of circumstances for which the Seller is not liable, and in particular the Consumer may demand a refund of the costs of contract conclusion, the costs of pick-up, transportation, storage and insurance of the item, the return of the expenditures made to the extent the Consumer has not gained any benefits therefrom, and has not received the same from the third party, and the return of the proceedings costs. This is without prejudice to the provisions on the obligation to remedy the defect according to general rules.
21. Expiry of the due date for finding a Defect shall not exclude the execution of the rights under warranty, where the Defect has been fraudulently concealed by the Seller.
§10 Entrepreneurs with consumer's rights
1. Within the limits mentioned in Article 38a of the Consumer Law and Article 385 (5), Article 556 (4), Article 556 (5) and Article 576 (5) of the Polish Civil Code, Entrepreneurs with consumer's rights shall be bound with the provisions of these Rules and Regulations applicable to Entrepreneurs, and, as a result, Entrepreneurs with consumer's rights shall also be entitled to specific rights, amongst others, concerning: · Withdrawal from the Sales Contract (§ 8 of the Rules and Regulations); · Product complaints (§ 9 of the Rules and Regulations, excluding § 9 Section 1). In all other respects, the provisions of these Rules and Regulations concerning Entrepreneurs shall apply, unless stipulated otherwise.
2. To exercise their rights, Entrepreneurs with consumer's rights may use the forms dedicated to Entrepreneurs with consumer's rights that we provide or send us relevant written information to the following address: Bagatela 10/8, 00-585 Warsaw, Poland or by e-mail to: [email protected]
3. The Sales Contract Withdrawal Form for Entrepreneurs with consumer's rights can be found in Appendix No. 2 to these Rules and Regulations.
4. The complaint form for Entrepreneurs with consumer's rights shall be included in Appendix No. 4 to these Rules and Regulations.
5. In the event where the Entrepreneur with consumer's rights uses a different for than our form in the process of withdrawal/complaint, to make this process run smoothly, the Entrepreneur is recommended to provide the following data in the written or electronic information: name and surname, company, address, NIP No., subject matter of the contract (the Product) withdrawn from/complained about, the date of contract conclusion (Order placement), the date of Defect occurrence (in the case of complaints), the data of making the statement on withdrawal from the Sales Contract or complaint. It is necessary to provide the bank account number for the refund of payment in the event where the 'payment on receipt' option has been chosen.
6. Notwithstanding the above, the Entrepreneur with consumer's rights should always provide us with data confirming its status compliant with Article 38a of the Consumer Law or Article 385 (5), Article 556 (4), Article 556 (5) and Article 576 (5) of the Polish Civil Code.
§11 Extrajudicial methods for examining complaints and pursuing claims
1. Customers who are Consumers shall have the option to use extrajudicial methods for examining complaints and pursuing claims.
2. Detailed information concerning the use of extrajudicial methods of dispute resolution and the modalities for access to these procedures is available on the website of the Office of Competition and Consumer Protection (UOKiK) at:
as well as in the head office and on the websites of the district (municipal) consumers' ombudsmen and social organisations whose statutory tasks include the protection of consumers, and of the Provincial Trade Inspectorates.
3. The Customer being the Consumer may use extrajudicial methods for examining complaints and pursuing claims, including for example:
a. Submission of a request for dispute resolution to the permanent court of conciliation at the Provincial Inspectorate of Trade Inspection (pursuant to Article 37 of the Act of 15 December 2000 on the Trade Inspection);
b. Submission of a request for dispute resolution to the Provincial Inspectorate of Trade Inspection (pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection);
c. Seeking free-of-charge assistance offered by the District (Municipal) Consumers' Ombudsman or a social organisation whose statutory tasks include the protection of consumers (such as the Polish Consumer Association – http://porady.konsumenci.org/).
4. To obtain further information concerning amicable proceedings, the Consumer may also address the Contact Point of the Office of Competition and Consumer Protection (UOKiK) at https://polubowne.uokik.gov.pl/kontakt,7,pl.html. The Contact Point can be called by dialling +48 22 55 60 332 or +48 22 55 60 333, or contacted by e-mail – by sending a message to: [email protected], or in person – at the head office located at Pl. Powstańców Warszawy 1 in Warsaw.
5. We hereby announce that complaints concerning the goods or services purchased online may also be submitted via the ODR Platform, constituting a common point of access for consumers and entrepreneurs who wish to settle a dispute extrajudicially. The link to the ODR Platform is available at: https://webgate.ec.europa.eu/odr/main/index.cfm? event=main.home.show&lng=PL
6. The primary point of contact is our e-mail address: [email protected] More information a b o u t t h e ODR Pl a t f o rm c a n b e f o u n d a t : https://www.uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php.
§12 Final Provisions
1. Any and all contents available at www.yourkaya.com are the subject of copyright vested in the Service Provider or the entities that granted their consent to the Service Provider to placing such contents on the website. These rights shall be subject to protection provided for in the Act of 4 February 1994 on copyrights and neighbouring rights. Any reproduction, copying and distribution, in whole or in part, of the aforementioned contents shall be forbidden, unless prior consent of the Service Provider has been obtained in writing as the only legally binding form of such consent.
2. Any disputes that may arise between the Service Provider and the Customer who is not a Consumer in connection with these Rules and Regulations shall be resolved by the court of proper venue for the registered office of the Service Provider. This provision shall not apply to Customers who are Entrepreneurs with consumer's rights.
3. Both the Seller and its employees or authorised representatives and plenipotentiaries shall not be liable towards the Customer who is not a Consumer, his/her employees, authorised representatives and attorneys for any damage, including loss of profits, unless the damage has been caused by the Seller, its employees, authorised representatives or plenipotentiaries deliberately. This provision shall not apply to Customers who are Entrepreneurs with consumer's rights.
4. The Seller's liability towards the Customer who is neither a Consumer or an Entrepreneur with consumer's rights shall be limited to the amount of the Price paid and the costs of delivery under the Sales Contract, not more – however – than up to the amount of PLN 1,000. Moreover, in such a situation, the Seller shall be liable only for typical damage foreseeable at the time of concluding the Sales Contract and shall not be liable for any lost benefits.
5. The Seller reserves the right to amend these Rules and Regulations for important reasons. Important reasons shall be understood to include:
a. the requirement to adapt the provisions of the Rules and Regulations to the applicable provisions of law and/or decisions by authorised public authorities regulating the provision of electronic services by the Seller, affecting the mutual rights and obligations set forth in the contract by and between the Customer and the Seller;
b. any changes in the interpretation of commonly applicable law (affecting the contents of the Rules and Regulations) as a result of judicial verdicts, decisions, recommendations or instructions by relevant offices or bodies competent at a given time;
c. improvement of Customer service;
d. extension and/or modification the functionality of the Store;
e. implementation of new electronic services and/or any changes in the technical and/or technological conditions for the provision of electronic services (including updates to the technical requirements indicated in these Rules and Regulations);
f. the necessity to remove any errors and/or misprints present in the text of the Rules and Regulations;
g. any and all changes in the Seller's data (including contact data, names, e-mail address or updates to the links placed in the contents of the Rules and Regulations) or other data indicated in the Rules and Regulations.
6. Any changes made in the contents of the Rules and Regulations, pertaining to the Sales Contract (or other contracts other than continuous ones), shall not violate the acquired rights of Service Users. The Sales Contracts concluded prior to the effective date of the amendments to the Rules and Regulations shall be governed by the Rules and Regulations in force on the data of concluding such a Sales Contract.
7. Any and all amendments to these Rules and Regulations shall come into force 14 days after the amendment has been announced. Where the Rules and Regulations are amended for important reasons in terms of providing services of a continuous nature (e.g. the Account), the Service Provider shall inform the Service User about this fact via e-mail, and the latter may terminate the contract concluded in this regard with the Service Provider within 14 days of being informed about such an amendment.
8. Each amendment to the contents of the Rules and Regulations shall be communicated by the Service Provider on the website by means of a relevant message.
9. The contents placed on the website by the Service Provider in the form of articles, posts or other information and materials shall constitute neither legal advice nor any other kind of specialist consultation, including medical. The Service Provider shall not be liable for the use of the aforementioned contents by the Service User.
10. Matters not regulated by these Rules and Regulations shall be governed by the generally applicable provisions of the Polish law, in particular the provisions of the Polish Civil Code and the Consumer Law.
11. These Rules and Regulations shall not exclude the provisions in force in the country of habitual residence of the Consumer and the Entrepreneur with consumer's rights concluding a contract with the Service Provider/the Seller, which cannot be excluded by means of the contract. In such a case, the Service Provider/Seller guarantees to the Consumer and the Entrepreneur with consumer's rights the protection granted under the provisions which cannot be excluded by means of the contract.
12. The Rules and Regulations have been effective since 01 January 2021.