User Agreement

I. Preliminary Information

The regulations define the general terms of use for the online store www.yoer.pl. Through the Online Store, the Service Provider provides services to Customers electronically and enables the conclusion of Sales Agreements.

II. Definitions

a) Customer - an entity for which, in accordance with the Regulations and legal provisions, services may be provided electronically or with which a Sales Agreement may be concluded.

b) Consumer - a natural person performing a legal act with an entrepreneur that is not directly related to their economic or professional activity.

c) Customer Account - an individual panel for each Customer, set up by the Service Provider for them, after the Customer's Registration and the conclusion of an agreement to provide the Customer Account service.

d) Individual Entrepreneur - a natural person entering into an agreement directly related to their economic activity, if the content of this agreement indicates that it does not have a professional character, in particular arising from the nature of the economic activity they conduct, as provided by the regulations on the Central Register and Information on Economic Activity.

e) Entrepreneur - a natural person, legal person, or organizational unit without legal personality, having legal capacity under the law, conducting economic or professional activity on their own behalf and performing a legal act directly related to their economic or professional activity.

f) Registration - the process of creating a Customer Account, as described in the Regulations.

g) Online Store - an online store operating on the website www.yoer.pl

h) Seller - Yoer sp. z o.o., Bernardyńska 2 Street, 64-000 Kościan, Tax Identification Number (NIP): 698-186-14-13, National Court Register (KRS): 0000977297.

i) Goods - a product presented by the Seller through the Online Store, which can be the subject of a Sales Agreement.

j) Sales Agreement - a distance sales agreement concluded between the Customer and the Seller on the terms specified in the Regulations.

k) Services - free-of-charge services provided by the Service Provider to Customers electronically, including:

- Chat,

- Newsletter,

- Contact Form,

- Customer Account management.

l) Service Provider - Yoer sp. z o.o., Bernardyńska 2 Street, 64-000 Kościan, Tax Identification Number (NIP): 698-186-14-13, National Court Register (KRS): 0000977297, BDO: 000577525

III. Registration

1. To create a Customer Account, the Customer is required to complete the free-of-charge Registration process.

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

3. For Registration, the Customer should complete the registration form provided by the Service Provider on the Online Store's website and send the completed registration form electronically to the Service Provider by clicking the "Register" button in the registration form. During Registration, the Customer provides their email address and sets an individual password. Additionally, the Customer can provide shipping address details and company information for VAT invoices.

4. While completing the registration form, the Customer has the opportunity to familiarize themselves with the Regulations and must accept its content by marking the appropriate field in the form.

5. After sending the completed registration form, the Customer receives confirmation of Registration from the Service Provider at the email address provided in the registration form. At that moment, an agreement for the provision of the electronic service of managing the Customer Account is concluded, and the Customer gains access to the Customer Account and the ability to make changes to the data provided during Registration.

IV. Placing Orders

1. The information provided on the online store's website does not constitute an offer by the Seller as defined by the Civil Code; rather, it serves as an invitation for Customers to submit offers to conclude Sales Agreements.

2. Customers can place orders through the Online Store via the website www.yoer.pl or by telephone. Prior Registration is not required to place an order in the Online Store.

3. Customers placing orders through the Online Store website complete their order by selecting Goods and adding them to the "cart." Once the entire order is completed, the customer selects the payment method and delivery type, provides contact information (with or without Registration), or logs into their customer account. Before submitting the order, the customer is informed of the total price for the selected Goods and delivery costs. The customer must accept the terms of the regulations and consent to the processing of personal data. The order is submitted by clicking the "Order and Pay" button.

4. The submission of an order as described in point 3 constitutes the Customer's submission of an offer to the Seller to conclude a Sales Agreement for the Goods included in the order.

5. Customers placing orders by phone use the telephone number provided on the Online Store's website. When placing a phone order, the Customer provides the name of the Goods from those available on the Online Store's website, specifies the method and delivery address, payment method, as well as provides an email address and delivery address. During the phone order process, the Customer is informed of the Seller's details, the total price of the selected Goods, the total cost of the chosen delivery method, and any additional costs associated with the Sales Agreement.

6. After submitting the order and verifying the possibility of fulfilling it, the Seller sends a confirmation of order acceptance to the email address provided by the customer. This confirmation constitutes the Seller's declaration of accepting the offer, and upon receipt by the customer, a Sales Agreement is concluded.

V. Order Fulfillment and Payment

1. For orders placed through the Online Store's website, Customers can choose the following payment methods for the ordered Goods:

a. Online payment (Online bank transfers, Debit/Credit cards (Visa, Mastercard), Google Pay, BLIK),

b. Traditional bank transfer,

c. Payment on delivery,

d. Installment payment,

e. Deferred payment.

2. For orders placed by phone, Customers can choose the following payment methods for the ordered Goods:

a. Traditional bank transfer,

b. Payment on delivery.

3. The Customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within the following terms:

a. 7 days – for traditional bank transfers,

b. 5 days – for online payments.

4. If the Customer fails to make the payment within the specified period as per point 2, the Seller has the right to withdraw from the Sales Agreement. Following the ineffective lapse of the payment deadline, the Seller will send the Customer a statement of contract withdrawal.

5. Until receiving the Goods, the Customer has the contractual right to withdraw from the agreement under Art. 395 of the Civil Code. The Customer can exercise this right by submitting a statement to the Seller, particularly by using a dedicated link available in the order confirmation email. This contractual right of withdrawal is separate from the Consumer's rights arising from statutory provisions, so it does not infringe upon or restrict the right to withdraw from the agreement within 14 days under the Consumer Rights Act.

6. For institutional customers, there is a possibility of individually agreeing on the payment method and deadline, including determining deferred payment terms.

7. Transfer information (don't forget to put your order ID in the transfer's title):

Santander Bank Polska S.A.

31 1090 1274 0000 0001 3394 0643

Yoer sp. z o.o.

no. 2 Bernardynska Street

64-000 Koscian

VI. Delivery

1. For orders over 100 PLN paid in advance, the Seller covers the delivery costs.

2. Deliveries are carried out by courier services: DHL, FedEx, Polish Post, ORLEN Paczka and InPost parcel lockers.

3. Orders with cash on delivery and orders paid in advance (upon receipt in the Seller's account) are fulfilled according to the following schedule:

a. Until 8:00 PM (DHL courier),

b. Until 12:00 PM (Polish Post),

c. Until 3:00 PM (InPost parcel lockers),

d. Until 2:00 PM (FedEx courier).

e. Until 1:00 PM (ORLEN Paczka).

f. Until 12:00 PM (Geis courier).

4. Shipping of pre-sale Goods is executed according to the timeline indicated on the respective Goods' card.

5. Shipments are dispatched only on business days.

6. Personal pickup at the Seller's premises (Yoer sp. z o.o., Bernardyńska 2/218, 64-000 Kościan) is possible by prior appointment. Personal order pickup is only available after the order has been prepaid.

7. Price lists and delivery times apply solely to shipments delivered within Poland. Shipping abroad is possible after prior contact with the Seller and agreeing on delivery conditions.

VII. YOER PLATINUM SECURITY Package

1. 1. Customers who purchase Goods from the Online Store will receive the YOER PLATINUM SECURITY Package free of charge.

2. 2. YOER PLATINUM SECURITY is an extensive after-sales service package, under which the Customer receives:

- 3 years of warranty,

- 100 days for free returns,

- "door-to-door" warranty/liability,

- product from a Polish manufacturer,

- Polish service,

- access to accessories,

- in case of accepted complaints, prompt delivery of defect-free products or a refund.

VIII. Complaints

[Consumers]

1. 1. The Seller is liable to the consumer for the Goods' lack of conformity with the Sales Agreement existing at the time of delivery and disclosed within two years from that time, unless the usefulness period of the Goods, determined by the Seller, its legal predecessors, or persons acting on their behalf, is longer.

2. The Goods are compliant with the Sales Agreement if, in particular, their:

a) description, type, quantity, quality, completeness, and functionality remain consistent with the Sales Agreement; in the case of Goods with digital elements, compatibility, interoperability, and availability of updates also apply;

b) suitability for the specific purpose for which the Consumer requires it, communicated to the Seller at the latest at the time of the Sales Agreement's conclusion and accepted by the Seller.

3. Additionally, for the Goods to be considered compliant with the Sales Agreement, they must:

a) be suitable for the purposes for which Goods of this type are typically used, taking into account applicable legal requirements, technical standards, or good practices;

b) be of such quantity and have such characteristics, including durability and safety, and in the case of Goods with digital elements, also functionality and compatibility, as are typical for Goods of this type and as the Consumer can reasonably expect, considering the character of the Goods and public statements made by the Seller, its legal predecessors, or persons acting on their behalf, particularly in advertising or on the label; unless the Seller proves that:

- they were unaware of the specific public statement and, reasonably, could not have known about it,

- before the conclusion of the Agreement, the public statement was corrected in compliance with the conditions and form in which the public statement was made or in a comparable manner,

- the public statement did not affect the Consumer's decision to conclude the Sales Agreement;

c) be delivered with packaging, accessories, and instructions that the Consumer can reasonably expect to be provided;

d) be of the same quality as the sample or model that the Seller provided to the Consumer before the Agreement's conclusion and correspond to the description of that sample or model

4. The Seller is not responsible for the Goods' lack of conformity with the Sales Agreement in the scope referred to in points 2 and 3 above if the Consumer, at the latest at the time of the Agreement's conclusion, was explicitly informed that a particular feature of the Goods deviates from the conformity requirements specified in points 2 and 3 above and accepted the lack of that specific feature.

5. The Seller is liable for the lack of conformity of the Goods with the Sales Agreement resulting from their improper installation if:

a) it was carried out by the Seller or under their responsibility;

b) the improper installation carried out by the Consumer resulted from errors in the instruction provided by the Seller.

6. If the Goods are not compliant with the Sales Agreement, the Consumer may request repair or replacement.

7. The Seller may opt for replacement when the Consumer requests repair, or the Seller may opt for repair when the Consumer requests replacement if bringing the Goods into compliance with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If the impossibility or excessive costs apply to both repair and replacement, the Seller may refuse to bring the Goods into conformity with the Agreement. In such a case, the Consumer may make a statement about reducing the price or withdrawing from the Agreement. When assessing the excessive costs for the Seller, all circumstances of the matter are considered, especially the significance of the Goods' lack of conformity with the Sales Agreement, the value of the Goods compliant with the Sales Agreement, and excessive inconvenience to the Consumer resulting from changing the method of bringing the Goods into conformity with the Sales Agreement.

8. The Seller carries out the repair or replacement of the Goods within a reasonable time from the moment the Seller was informed by the Consumer about the Goods' lack of conformity with the Sales Agreement.

9. The costs of repair or replacement of the Goods are borne by the Seller. The Consumer is obliged to make the Goods subject to repair or replacement available to the Seller for collection, which is done at the Seller's expense.

10. If the Goods were installed before the lack of conformity with the Sales Agreement was revealed, the Seller disassembles the Goods and reassembles them after repair or replacement, or arranges for these activities to be performed at their expense.

11. The Consumer may make a statement about reducing the price or withdrawing from the Agreement if the Goods are not compliant with the Sales Agreement when:

a) the Seller refused to bring the Goods into conformity with the Sales Agreement;

b) the Seller did not bring the Goods into conformity with the Sales Agreement;

c) the lack of conformity of the Goods with the Agreement still exists, even though the Seller attempted to bring the Goods into conformity with the Sales Agreement;

d) the lack of conformity of the Goods with the Agreement is so significant that it justifies an immediate price reduction or withdrawal from the Sales Agreement;

e) it is clearly evident from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.

12. The reduced price must be in proportion to the price resulting from the Sales Agreement, in which the value of the non-compliant Goods relates to the value of the Goods compliant with the Sales Agreement. The return of the amount resulting from the use of the right to reduce the price takes place no later than 14 days from the date of receipt of the Consumer's statement about reducing the price.

13. The Seller may not accept the Consumer's statement of withdrawal from the Sales Agreement if they prove that the lack of conformity of the Goods with the Sales Agreement is insignificant.

14. In case of withdrawal from the Sales Agreement, the Consumer immediately returns the Goods to the Seller at the Seller's expense. The Seller refunds the price no later than 14 days from the day of receiving the Goods (if the Goods are collected by the Seller or at their instruction) or evidence of their return (if the Consumer returns the Goods on their own).

15. All complaints related to the Goods or the execution of the Sales Agreement may be submitted in any form by the Consumer. The preferred form is in writing using the complaint form proposed by the Seller. Click here to download the form.

16. The Seller will address the complaint within 14 days from the day it is submitted.

17. A consumer Buyer has the option of using an out-of-court complaint resolution and claims procedure. Information on how to access these procedures is available on the website https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

[Individual Entrepreneurs]

18. The provisions of Section VIII points 1-16 of the Regulations regarding Consumers also apply to Individual Entrepreneurs.

[Entrepreneurs]

19. The Seller is liable to the Business for defects in the Goods (warranty).

20. The Seller is liable under the warranty if a physical defect is discovered before two years have passed since the Goods were delivered. The claim for defect removal or replacement of the defect-free Goods expires after one year from the day of defect discovery.

21. If the Goods have a defect, the Business may:

a) submit a statement about a price reduction or withdrawal from the Sales Agreement unless the Seller immediately and without excessive inconvenience for the Business replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller did not fulfill the obligation to replace the Goods with defect-free Goods or remove the defects. The Business may demand the replacement of defective Goods with defect-free Goods or defect removal instead of the solution proposed by the Seller, unless bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Business is impossible or would require excessive costs compared to the Seller's proposed solution. When assessing the excessive costs, the value of the defect-free Goods, the type and significance of the defect, and the inconvenience to which another solution would subject the Business are taken into account.

b) demand the replacement of the defective Goods with defect-free Goods or the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without excessive inconvenience for the Business. The Seller may refuse to fulfill the Business's request if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Business is impossible or if it would require excessive costs compared to an alternative method. The Seller may also refuse to replace the Goods with defect-free Goods or remove the defect if the costs of fulfilling this obligation would exceed the price of the Goods sold.

22. Any complaints related to the Goods or the execution of the Sales Agreement can be submitted by the Business in any form. The preferred form is in writing using the complaint form proposed by the Seller. Click here to download the form.

23. The Seller will address the complaint within 14 days from the day it is received.

[Triall items purchased before 01.01.2023]

1. For complaints about Goods purchased before January 1, 2023 (the date of concluding the Sales Agreement is decisive), the provisions of the previously applicable regulations apply. The regulations are available to download here.

2. Click here to download the form for Goods purchased before 01.01.2023.

IX. Warranty

The Goods offered by the Seller are covered by a 36-month warranty provided by the Seller or the manufacturer. The warranty terms are specified in the warranty card.

Click here, to download the warranty card.

X. Withdrawal from the Agreement

1. A Consumer who has concluded a Sales Agreement has the right to withdraw from it within 100 days without giving any reason.

2. The withdrawal period from the Sales Agreement starts for a Sales Agreement in which the entrepreneur hands over the Goods - from the date of taking possession of the Goods by the Consumer or a third party designated by them other than the carrier. In the case of a Sales Agreement that covers multiple Goods delivered separately, in batches, or in parts, the period starts from the date of taking possession of the last Goods, batch, or part. For other agreements, the period starts from the day of their conclusion.

3. The Consumer can withdraw from the Sales Agreement by submitting a statement to the Seller. The statement can be made using the form provided by the Seller on the Store's Website. Sending the statement before the deadline expires is sufficient to meet the deadline. Click here to download the withdrawal form

4. In the event of withdrawal from the Sales Agreement, it is considered null and void.

5. The Consumer is obliged to return the Goods to the Seller immediately but no later than within 14 days from the day of withdrawal from the Sales Agreement. To meet the deadline, it is enough to contact the Seller to determine the return address for the Goods. The Consumer does not bear the costs of returning the Goods. This applies only to the return of Goods in Poland.

6. The Consumer is responsible for any diminished value of the Goods resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

7. The Seller is obliged to refund all payments made by the Consumer, including the cost of delivering the Goods to the Consumer, immediately and no later than 14 days from the day the Seller received the Consumer's statement of withdrawal from the Sales Agreement. The Seller may offer to pick up the Goods. If not, the Seller may withhold the refund until the Goods are returned or until the Consumer provides evidence of their return, whichever comes first.

8. The Seller uses the same payment method for the refund as the Consumer used unless the Consumer has explicitly agreed to a different method that does not involve any additional costs.

9. If the Consumer has chosen a delivery method other than the cheapest standard delivery offered by the Seller, the Seller is not obligated to refund the additional costs incurred by the Consumer.

10. The provisions of section X of the Regulations also apply to Individual Entrepreneurs.

XI. Free Electronic Services

1. The services are provided 7 days a week, 24 hours a day, except for the Chat service, which is available on business days from 8:00 AM to 8:00 PM.

2. The Service Provider reserves the right to choose and change the type, form, time, and method of providing access to selected services. The customers will be informed about any changes to the Regulations in an appropriate manner.

3. The newsletter service consists of sending messages containing information about new services or products by the Service Provider to the email address. The newsletter is sent to all customers who have subscribed to this service.

4. The contact form service allows the customer to send messages to the Service Provider through a form on the Store's Website. The customer can unsubscribe from the contact form service at any time by refraining from using the form to send messages to the Service Provider.

5. The Account service is available after Registration according to the rules described in the Regulations. It provides the customer with an individual panel within the Store's Website, allowing the customer to perform various actions without having to enter data in forms every time. This includes placing orders based on data associated with the Account, tracking the status of orders placed through the Account, editing data associated with the Account, and more.

6. A customer who has registered an Account can request the deletion of the Account. The Account can be deleted within 14 days from the date of the request.

7. The chat service enables real-time communication between the customer and the Service Provider through a messenger operated by the Service Provider. The customer can unsubscribe from the chat service at any time by refraining from using the messenger operated by the Service Provider.

8. The Service Provider has the right to block access to the Account and services in case the customer acts to the detriment of the Service Provider or the Seller, or in case of actions against other customers, violations of the law, or the provisions of the Regulations, as well as when blocking access to the Account and services is justified by security reasons, especially hacking attempts. Blocking access to the Account and services for the mentioned reasons lasts for a period necessary to resolve the issue that caused the blocking. The Service Provider notifies the customer about the blocking of access to the Account and services at the address provided by the customer in the registration form.

9. The customer can submit a complaint to the Service Provider regarding the use of the Services. The complaint can be submitted in electronic form. In the complaint notification, the customer should include a description of the encountered issue. The Service Provider promptly, but no later than within 14 days, will review the complaints and provide a response to the customer.

XII. Final Provisions

1. In the event of a dispute arising from the concluded Sales Agreement or agreement for the provision of services via electronic means, the parties shall strive to settle the matter amicably. The applicable law for resolving all disputes arising from the Regulations is Polish law.

2. The Service Provider reserves the right to change the Regulations. Changes to the Regulations come into effect within 7 days from being published on the Website of the Store. The Service Provider will inform the Customer about the change in the Regulations by sending an electronic message 7 days before the new Regulations come into effect. In the event that the Customer does not accept the new content of the Regulations, they are obligated to inform the Service Provider about this fact, which will result in the termination of the agreement in accordance with the provisions of the Regulations.