Regulations

REGULATIONS

These Regulations set out the general terms and conditions, rules and manner of sales conducted by SALAG Limited Liability Company, 16-400 Suwałki, 5 Szafirowa St., through the yutra.eu online store (hereinafter referred to as the "Online Store") and define the terms and conditions for the provision of free electronic services by SALAG Limited Liability Company, based in Suwałki.

1 Definitions

Business days - means the days of the week from Monday to Friday excluding public holidays.
Delivery - means an actual action consisting in delivery of the Goods specified in the order by the Seller to the Client via the Supplier.
Supplier - means the courier company with which the Seller cooperates in delivering the Goods.
Password - shall mean a sequence of letter, digital or other characters chosen by the Client during the Registration process in the Online Store, used in order to secure access to the Client's Account in the Online Store.
Customer - means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided, or with whom a Sales Agreement may be concluded.
Consumer - means a natural person making a legal transaction with the entrepreneur which is not directly related to his/her economic or professional activity.
Customer's Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has made the Registration and concluded the agreement for the provision of the Customer's Account.
Login - shall mean an individual designation defined by the Customer, consisting of a sequence of letter, digital or other characters, required together with a Password to create a Customer Account in the Online Store. Login is a proper e-mail address of the Customer.
Customer Service Point - means a place intended for serving customers, a list of which is available on the Store's Website.
Entrepreneur - shall mean a natural person, a legal person or an organizational unit not being a legal person but to which the law grants legal capacity, conducting in its own name a business or professional activity and performing a legal action directly related to its business or professional activity.
Regulations - means these Regulations.
Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Internet Store.
Seller - means SALAG Spółka z ograniczoną odpowiedzialnością 16-400 Suwałki, 5 Szafirowa Street, NIP: 844-19-41-084, REGON: 790744763 , entered in the register of entrepreneurs kept by the District Court in Białystok, XII Economic Department of the National Court Register under the KRS number 0000992485, with a share capital of 2,032,000.00 PLN; e-mail: [email protected].........., which is also the owner of the Online Store.
Online Store - means an online store operated by the Seller and available at the Internet address yutra.eu, through which the Customer may purchase specific Goods from the Seller
Store Website - means the web pages under which the Seller operates the Online Store, operating in the domain yutra.eu
Goods - shall mean the product presented by the Seller via the Store's website that may be subject to a Sales Agreement.
Permanent carrier - shall mean material or tool enabling the Customer or the Seller to store information addressed personally to him in a manner allowing future access to the information for a period of time adequate to the purposes for which such information is used, and which allows the stored information to be recreated in an unchanged form.
Sales Agreement - means a contract of sale concluded remotely, on the terms specified in the Terms and Conditions, between the Customer and the Seller.

2 General provisions and use of the Internet Shop

All rights to the Online Store, including intellectual property rights to its name, domain name, the Store's Website, as well as to patterns, forms, logotypes placed on the Store's Website (with the exception of logotypes and photographs presented on the Store's Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Terms and Conditions and the Seller's consent expressed in writing.
The Seller will make every effort to make the use of the Online Store possible for Internet users with the use of all popular web browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store's Website are a web browser with at least Microsoft Edge 44.x or Chrome 66 or FireFox 68 or Opera 50 or Safari 5 Windows or Safari 13 macOS or later, with Javascript enabled, accepting cookies, and an Internet connection with a bandwidth of at least 512 kbit/s. The Store's website is optimised for a minimum screen resolution of 1280×768 pixels.

The Seller uses a mechanism of "cookies" files, which are saved by the Seller's server on the hard drive of the Client's end device while the Clients use the Shop website. The use of cookies is aimed at proper operation of the Shop website on the Customers' end devices. This mechanism does not damage the Customer's terminal equipment and does not cause any configuration changes in the Customer's terminal equipment or in the software installed on such equipment. Each Client can disable the "cookies" mechanism in the web browser of his/her end device. The Seller points out that disabling cookies may, however, cause difficulties or make it impossible to use the Shop's Website.

In order to place an order in the Online Store via the Store's Website and to use the services available on the Store's Website, it is necessary for the Customer to have an active e-mail account.

It is forbidden for the Customer to provide illegal content and use the Online Store, Store's Website or free services provided by the Seller, in a manner contrary to the law, morality, violating personal interests of third parties.

The Seller declares that the public nature of the Internet and use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus software and identity protection software for Internet use. The Seller shall never ask the Client to provide him with a Password in any form.

3 Registration

In order to create a Customer Account, the Customer is obliged to complete a free of charge Registration.

Registration is not necessary to place an order in the Online Store.

For Registration purposes, the Client should fill in the registration form made available by the Seller on the Store's website and send the filled in registration form electronically to the Seller by selecting the appropriate function on the registration form. During the Registration process the Client sets an individual Password.

When filling in the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.

During the Registration process the Client may voluntarily agree to have his/her personal data processed for marketing purposes by ticking the appropriate box on the registration form. In this case the Seller clearly informs about the purpose of collection of the Client's personal data, as well as about known or anticipated recipients of these data. Granting consent means, in particular, consent to receive commercial information from the Seller to the Client's e-mail address given in the registration form.

The Client's consent to the processing of his/her personal data for marketing purposes does not condition the conclusion of the agreement with the Seller on electronic provision of the service of maintaining a Client Account. Consent can be withdrawn at any time, by submitting to the Seller an appropriate statement of the Client on a durable carrier. The declaration can be for example sent to the address of the Seller via e-mail.

After submitting a completed registration form, the Client immediately receives, via email to the email address provided in the registration form, confirmation of Registration by the Seller. At this moment an agreement is concluded for the provision of electronic services for maintaining a Client Account, and the Client receives the ability to access the Client Account and make changes to the data provided during Registration, with the exception of Login.

4 Orders

Information contained on the Store's website does not constitute an offer by the Seller, within the meaning of the Civil Code, but only an invitation to customers to submit an offer to conclude a sales contract.

The Customer may place orders in the Online Store via the Store's Website 7 days a week, 24 hours a day, except for technical and maintenance breaks.

A Customer placing an order via the Store's website completes the order by selecting the Goods he or she is interested in. The Goods shall be added to the order by choosing the command "ADD TO CART" under the given Goods presented on the Store's Website. After completing the entire order and indicating in the "CART" the delivery method and method of payment, the Client places the order by sending an order form to the Seller, selecting the "Order and pay" button on the Store's website. Each time before sending the order to the Seller, the Client is informed about the total price for the chosen Goods and Delivery, as well as about all additional costs he is obliged to incur in connection with the Sales Agreement.

Placing an order constitutes a submission of an offer by the Client to the Seller to conclude a Sales Agreement for the Goods subject to the order.

Effective placing of an order is possible only in the case when the Goods selected by the Client are available in the Seller's warehouse, which is made visible by placing information about availability of the Goods.

After placing an order, the Seller sends a confirmation to the e-mail address provided by the Customer.

Then, after confirming the order, the Seller shall send to the e-mail address provided by the Customer information about accepting the order for processing. The information about acceptance of an order for processing is a statement of the Seller about the acceptance of the offer referred to in § 4.4 above and upon its receipt by the Customer the Sales Agreement is concluded.

After concluding a Sales Agreement, the Seller confirms its terms and conditions to the Customer by sending them on a durable medium to the e-mail address of the Customer or in writing to the address specified by the Customer during the Registration or order placement.

A proof of purchase (VAT invoice or fiscal receipt) is issued for each order. If the Purchaser wants to receive an invoice, they should fill in all the company data when placing an order. Subsequent issuance of the invoice on the basis of the received receipt will be impossible.

5 Payments

The prices on the Store's website displayed next to the given Goods shall be gross prices and shall not include information on delivery costs and any other costs that the Customer shall be obliged to incur in connection with the sale agreement, of which the Customer shall be informed while selecting the manner of delivery and placing the order.
The Client may choose the following forms of payment for the ordered Goods:
a) bank transfer or by credit card Visa, Maestro, Mastercard through an external payment system (przelewy24) operated by PayPro Spółka Akcyjna with its registered seat in Poznań at ul. Kanclerska 15, 60-327 Poznań, KRS 0000347935, NIP: 7792369887 (in this case, execution of the order shall be initiated after the Seller has sent the Client a confirmation of acceptance of the order and after the Seller has received information from the system (przelewy24) that the payment has been made by the Client);
b) cash on delivery, on collection of the shipment - payment shall be made via the Supplier during delivery (in this case, execution of the order and its dispatch shall be initiated after the Seller has sent the Client a confirmation of acceptance of the order);
The Customer is each time informed by the Seller on the Store's Website about the date by which he is obliged to make payment for the order in the amount resulting from the concluded Sales Agreement.
In case the Customer fails to make the payment within the period referred to in §5.3, the Seller shall set an additional time limit for the payment and inform the Customer about it via e-mail or in writing. Information about the additional time limit for payment shall also include information that upon ineffective lapse of this period, the Seller shall withdraw from the Sales Agreement. In the case of ineffective expiry of the second deadline for payment, the Seller shall send to the Customer via e-mail or in writing a statement of withdrawal from the contract on the basis of Article 491 of the Civil Code.

6 Delivery

The Seller shall execute Deliveries solely within the territory of the Republic of Poland.
The Seller shall be obliged to deliver the Goods being the subject matter of the Sales Contract without defects.
The Seller publishes on the Store's website information about the number of Business Days needed for delivery and order processing. This information is non-binding - binding information is sent to the Client by the Seller after placing an order.
The Delivery and Order completion time indicated on the Store's Website is counted in Business Days from the moment the Customer makes payment if the Customer chooses the prepayment option.
The Delivery and Order completion time indicated on the Store's Website is counted in Business Days from the conclusion of the Sales Agreement in the case of a "cash on delivery" payment option selected by the Customer.
The ordered Goods are delivered to the Customer by the Supplier to the address indicated in the order form.
On the day of dispatch of the Goods to the Client, information confirming dispatch by the Seller is sent to the Client's e-mail address.
The Customer shall inspect the delivered parcel at the time and in the manner usual for parcels of a given type, in the presence of an employee of the Supplier. In case of any defect or damage to the parcel, the Customer shall also have the right to demand from the Supplier's employee to write an appropriate protocol. Acceptance of a shipment without written remarks causes a presumption that the goods were delivered to the Customer in an undamaged condition.
In case of absence of the Client at the address provided by the Client when placing the order as the Delivery address, an employee of the Supplier will leave an advice note or will attempt to contact the Client by phone in order to establish the date on which the Client will be present. In case the ordered Goods are sent back to the Online Shop by the Deliverer, the Seller shall contact the Client via e-mail or by phone, setting again with the Client the date and cost of Delivery.

7 Warranty

The Seller shall ensure delivery of Goods free from physical and legal defects. The Seller shall be liable to the Client if the Goods have a physical or legal defect (warranty).
If the Goods have defects, the Client may:
a) make a statement on reducing the price or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Client shall replace the defective Goods with Goods free from defects or remove the defects. This restriction shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with goods free from defects or remove defects. The Client may not withdraw from the contract if the defect is insignificant.
b) instead of the removal of defects proposed by the Seller, demand replacement of the Goods for goods free from defects or, instead of replacement of the Goods, demand removal of defects, unless bringing the Goods into conformity with the agreement in a way selected by the Client is impossible or requires excessive costs in comparison with the method proposed by the Seller. In the assessment of excessive costs, the value of the Goods free from defects, type and significance of the defect, as well as inconvenience to which the Client would be exposed in another way of satisfaction shall be taken into account.
c) demand to replace the defective Goods with Goods free from defects or remove the defect. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for the Client. The Seller may refuse to satisfy the Client's request if bringing the defective Goods into conformity with the Sales Agreement in a manner selected by the Client is impossible or in comparison with other possible ways of bringing them into conformity with the Sales Agreement would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
The Customer who exercises the rights under warranty is obliged to deliver the defective item to the address of the Seller. The cost of delivery is covered by the Seller.
The Seller shall be liable under warranty if a physical defect is found before the lapse of two years from the release of Goods to the Client. Claim for removal of defects or replacement of Goods for goods free from defects shall expire after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period the Client can withdraw from the Sales Agreement or make a declaration of price reduction due to defects in the Goods. If the Client demanded replacement of the Goods for defect-free ones or removal of defects, the deadline for withdrawal from the Sales Agreement or making a declaration of price reduction shall commence upon ineffective expiry of the deadline for replacement of the Goods or removal of defects.
In matters concerning the warranty, not regulated herein, the relevant provisions of the Civil Code shall apply.

8 Complaints

Any complaints related to the Goods or realization of the Sales Agreement, the Client may submit in writing to the address of the Seller.
In order to consider the complaint of the Goods, the Client shall send or deliver the Goods complained of to the Seller together with the proof of purchase and description of complaint.
The Seller shall, within 14 days from the date of request containing the complaint, respond to the complaint about the Goods or complaint related to execution of the Sales Agreement, reported by the Client. If the Seller does not respond to the complaint within 14 days, it shall be deemed that the Client's request is justified.
In the case of the Client being a Consumer, the Seller shall cover all documented costs of complaint, in particular the cost of delivery of the Goods complained of to the Seller and the cost of sending the Goods back to the Client.
Complaints are accepted within the territory of the Republic of Poland.

9 Warranty

The Goods sold by the Seller may be covered by the guarantee granted by the producer of the Goods or distributor. If the Goods are under warranty, they are accompanied by a warranty document specifying the scope of warranty in each case.
In the case of Goods under guarantee, information on the existence and content of the guarantee shall be each time presented on the Store's Website.

10 Withdrawal from the Sales Agreement

A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
The period for withdrawal from the Contract of Sale starts from the moment the Customer takes possession of the Goods.
a) The Customer may withdraw from the Contract of Sale by submitting a statement of withdrawal to the Seller. The statement can be made on a form, a sample of which has been posted by the Seller on the Store's Website at: yutra.eu. To meet the deadline it is sufficient to send the statement by registered mail to the address of the Seller, before its expiration.
b) The Customer may withdraw from the Contract of Sale by submitting to the Seller a statement of withdrawal via the form provided on the website at: Electronic withdrawal form. To meet the deadline it is sufficient to send the statement before its expiration. The Seller shall immediately confirm to the Client receipt of the form submitted via the website.
In the case of withdrawal from the Sales Agreement, it shall be considered as not concluded.
If the Client has made a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer shall cease to be binding.
The Seller shall be obliged to promptly, but not later than within 14 days from the date of receipt of the Client's statement of withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of Delivery. The Seller may withhold reimbursement of payments received from the Client until receipt of the Goods back or delivery by the Client of evidence of having sent back the Goods, whichever occurs first.
If the Customer exercising his right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Customer for any additional costs incurred by him.
The Client shall be obliged to return the Goods to the Seller without delay, but no later than within 14 days from the date of withdrawal from the Sales Agreement. In order to meet the deadline it is sufficient to send back the Goods to the address of the Seller before expiry of this period.
In the case of withdrawal, the Client shall bear only direct costs of returning the Goods, i.e. costs of sending the Goods to the Seller
If, due to its nature, the Goods cannot be sent back by regular mail, the Seller shall inform the Client about the costs of returning the item on the Store's Website.
The Customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The Seller shall return the payment to the Customer's bank account from which the transfer was made or by wire transfer to the Customer's address specified in the order if the payment was made on delivery, unless the Customer agrees with the Seller on another way of returning the payment.

11 Services free of charge

The Seller provides customers with free electronic services:
a) Newsletter;
b) Customer Account;
The services specified in §11 section 1 above are provided 7 days a week, 24 hours a day, subject to technical interruptions.
The Seller reserves the right to choose and change the type, forms, time and manner of granting access to selected services mentioned above, of which it will inform the Clients in a manner appropriate for the change of the Regulations.
The Newsletter service may be used by any Customer who enters his or her e-mail address, using the registration form made available by the Seller on the Shop website. After submitting the filled in registration form, the Customer will immediately receive an e-mail confirmation from the Seller at the e-mail address given in the registration form. At this moment an agreement on Newsletter service provision by electronic means is concluded.
a) The Customer may additionally check the appropriate box in the registration form during the Registration process in order to subscribe to the Newsletter.
Newsletter service consists in sending by the Seller, to an e-mail address, an electronic message containing information about new products or services offered by the Seller. Newsletter is sent by the Seller to all Clients who subscribed to it.
Each Newsletter addressed to the Customer's data shall contain, in particular: information about the sender, filled in "subject" field, defining the content of the message and information about the possibility and manner of resignation from the free Newsletter service.
The Customer may unsubscribe from the Newsletter at any time by unsubscribing via a link contained in each email message sent as part of the Newsletter service or by activating the relevant field in the Customer Account.
The Customer Account service is available after registration according to the rules described in the Rules and Regulations and consists in making available to the Customer a dedicated panel on the Store's website, allowing the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.
A Client who has made the Registration may submit a request to remove the Client's Account to the Seller, and in the case of a request to remove the Client's Account by the Seller, it may be removed up to 14 days from the submission of the request.
The Seller is entitled to block access to the Client's Account and free services, if the Client acts to the detriment of the Seller or other Clients, if the Client violates the law or provisions of the Terms and Conditions, and also when blocking access to the Client's Account and free services is justified by security reasons - in particular: breaking security of the Shop's website by the Client or other hacking activities. Blocking access to a Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue which constitutes the basis for blocking access to a Customer Account and free services. The Seller shall notify the Client about blocking access to the Client's Account and free services by e-mail to the address provided by the Client in the registration form.

12 Reporting a threat or violation of rights

If a Customer or another person or entity finds that the content published on the Store's Website violates their rights, personal interests, decency, feelings, morality, beliefs, rules of fair competition, know-how, a secret protected by law or under an obligation, they may notify the Seller of the potential violation.
Seller notified of a potential violation, takes immediate action to remove from the Store Website, the content causing the violation.

13 Protection of personal data

The administrator of the Customers' personal data provided to the Seller voluntarily within the framework of Registration, placing a one-time order and within the framework of the Seller's provision of electronic services or within the framework of other circumstances specified in the Regulations, is the Seller-"Salag" spółka z ograniczoną odpowiedzialnością, with its registered office in Suwałki, 5 Szafirowa Street, 16-400 Suwałki, e-mail address: [email protected], Tel.: 87 565 42 42.
The Seller processes the Customers' personal data in order to fulfil orders, provide electronic services by the Seller, conclude agreements and fulfil their terms and conditions, conduct our advertising campaigns and other marketing activities, sell our products and services, perform financial settlements, accept and fulfil complaints, protect the legal interests of the administrator, and other purposes specified in the Terms and Conditions. The data is processed only on the basis of legal regulations or the consent given by the Client.
The collection of personal data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection.
Personal data provided to the Seller are given to him voluntarily, with the proviso, however, that failure to provide the data specified in the Regulations in the Registration process makes it impossible to register and set up a Client Account and makes it impossible to place and carry out the Client's order if the order is placed without the Registration of a Client Account.
Anyone who provides the Vendor with their personal data, in accordance with the RODO, has the right to request from us access to personal data concerning you, the right to obtain confirmation and information about the processed personal data, the right to rectify your personal data, the right to request deletion ("the right to be forgotten") or restriction of the processing of your personal data, the right to object to the processing of your personal data, the right to data portability, the right to withdraw consent to the processing of your personal data at any time without affecting the legality of the processing that was carried out on the basis of consent before its withdrawal, the right to lodge a complaint to the supervisory authority.
a) You have the right to object to the processing of your personal data, in particular if these data are processed for direct marketing purposes. Such objection is free of charge and can be made at any time.
The Seller shall ensure the possibility of removing personal data from held files, in particular in the case of deleting the Client's Account. The Seller may refuse to remove personal data if the Customer has not paid all amounts due to the Seller or has violated applicable laws, and the retention of personal data is necessary to clarify these circumstances and determine the responsibility of the Customer.
The Seller protects the personal data provided and makes every effort to protect them against unauthorized access or use.
The Seller transfers the Customer's personal data to the Supplier to the extent necessary to carry out the Delivery.
If the Customer chooses to pay via the www.przelewy24.pl system, his/her personal data are transferred to the extent necessary to execute the payment to PayPro Spółka Akcyjna with its registered seat in Poznan, ul. Kanclerska 15, 60-327 Poznan, entered into the Register of Entrepreneurs kept by the District Court Poznan Nowe Miasto and Wilda VIII Economic Department of the National Court Register under KRS number 0000347935; NIP: 7792369887.
Withdrawal of consent for the processing of personal data should be submitted in writing to the Administrator's mailing address or by e-mail. Withdrawal of consent is associated with the impossibility of further processing and fulfillment of the purpose. The withdrawal of consent does not affect the legality of processing, which was carried out before its withdrawal.

14 Termination of the contract (not applicable to Sale Contracts)

Both the Customer and the Seller may terminate the contract for the provision of services by electronic means at any time and without giving reasons, subject to maintaining the rights acquired by the other party before termination of the above contract and the provisions below.
A Client who made the Registration terminates the agreement for provision of services by electronic means, by sending to the Seller an appropriate statement of intent, using any means of remote communication, allowing the Seller to get acquainted with the statement of intent of the Client.
The Seller terminates the agreement for the provision of services by electronic means by sending to the Client an appropriate statement of intent to the e-mail address provided by the Client during Registration.
The notice period for termination of the agreement for provision of services by electronic means is 14 days.

15 Final provisions

The Seller shall be liable for non-performance or undue performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of losses actually incurred by the Client who is an Entrepreneur.

The content of these Regulations may be recorded by printing, saving to a medium or downloading at any time from the Store's Website.
If any provision of these Terms and Conditions is held to be invalid or ineffective as provided by law, this shall not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions. The invalid provision shall be replaced by the relevant provisions of Polish law, in particular the provisions of the Civil Code.
In the event of a dispute arising under a Sales Agreement entered into, the parties will seek to resolve the matter amicably. All disputes arising under these Terms and Conditions shall be governed by Polish law.
Each Customer may use the out-of-court ways of dealing with complaints and asserting claims. In this regard, it is possible for the Customer to use mediation. Lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the relevant District Courts.
The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions are implemented on the basis of the Terms and Conditions, which were in force on the date of placing the order by the Customer. The change of the Terms and Conditions comes into force within 7 days of publication on the Store's website. The Seller shall inform the Customer, 7 days before the new Regulations come into force, about the change of the Regulations with an e-mail message containing a link to the text of the changed Regulations. If the Customer does not accept the new content of the Terms and Conditions they are obliged to inform the Seller about it, which results in termination of the contract in accordance with the provisions of § 14.
The Regulations shall enter into force on 1.04.2020