§1 GENERAL PROVISIONS

1 The online store available at the Internet address www.yvettelab.pl is operated by Yvette Laboratory Sp. z o.o. with its registered office in Wrocław, postal code 53-674, ul. Legnicka 32, telephone: +48 607 847 847 , e-mail: yvette@yvettelab.pl, NIP 8971833103, REGON 366213525, registered in the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Division of the National Court Register under the KRS number 0000655689.

(2) These terms and conditions shall apply to contracts concluded through the website www.yvettelab.pl

3 Definitions:
a) Store - the Seller's online store available at www.yvettelab.pl,
b) Rules and Regulations - these Rules and Regulations of the Online Store, referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204, as amended),
c) Seller - Yvette Laboratory Sp. z o.o. with its registered office in Wrocław, postal code 53-674, 32 Legnicka Street, telephone: +48 607 847 847 , e-mail: yvette@yvettelab.pl, NIP 8971833103, REGON 366213525, registered in the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Division of the National Court Register under the KRS number 0000655689,
d) Buyer - a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a person with limited legal capacity, a natural person conducting business, a legal person or an organizational unit without legal personality, who uses services provided electronically by the Seller,
e) Order Form - a form available in the Online Store that allows the Buyer to place an Order and its execution without creating an Account,
f) Order - a declaration of will of the Buyer, constituting an offer to conclude a contract of sale of a Product with the Seller,
g) Sales Agreement - an agreement for sale of a Product within the meaning of the Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), concluded through the Online Store in the Polish language,
h) Product - a movable item available in the Online Store, being the subject of a Sales Agreement between the Buyer and the Seller,
i) Special Product - a movable item available in the Online Store, being the subject of a Sales Agreement between the Buyer and the Seller, which, due to its individual characteristics (e.g. availability only on an individual order) is subject to special sales rules,
j) Promotion - a strictly time-limited price discount on selected Products, being the subject of the sales contract between the Buyer and the Seller,
k) Proof of Purchase - an invoice or other proof of purchase of a Product,
l) Attachment No. 1 - the document attached to the Terms and Conditions that allows for withdrawal from the contract referred to in §6,

4 The services provided electronically by the Seller consist in enabling the conclusion of a Sales Agreement by filling in the Order Form.

(5) The Online Store may organize Promotions for selected Products from the offer of the Online Store. The rules regarding promotions are decided by the Seller, making them public on the website of the Online Store, while reserving the right to arbitrarily grant discounts and rebates to Buyers.

(6) Advertisements, Seller's advertisements, price lists and other information about the Products, provided on the web pages of the Online Store, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).

7 To successfully place an order in the online store www.yvettelab.pl, it is necessary to have a computer with a processor of min. 200MHz, 64MB RAM, a graphics card supporting resolutions of 800×600 and 256 colors, and a web browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera) as well as a keyboard or other pointing device that allows you to correctly fill out electronic forms.

(8) The provisions of these Regulations are not intended to exclude or limit any of the rights of the Buyer who is also a consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93, as amended), to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Regulations and the aforementioned regulations, those regulations shall prevail.

§2 TERMS OF ORDER PLACEMENT

(1) The Buyer is obliged to use the Online Store in a manner consistent with applicable law, rules of social coexistence and good morals, taking into account respect for personal property and intellectual property rights of third parties.

(2) The online store conducts sales on the territory and outside the borders of the Republic of Poland.

(3) The Buyer may choose one of the following ways to place an Order:
(a) placing an Order by filling out the Order Form available on the Store's website,
b) placing an Order by e-mail,
c) placing an Order by telephone,

(4) All Products available in the Online Store are original, brand new (free of defects) and in accordance with applicable standards and requirements.

(5) The orders referred to in point 3 a), b), of this paragraph can be placed 7 days a week, 24 hours a day.

(6) Orders referred to in paragraph 3 c) of this section may be placed from Monday to Friday from 8:00 to 16:00.

(7) In order to effectively place and execute the Order referred to in point 3 a) of this paragraph, it is necessary for the Buyer to fill out the Order Form available on the Store's website and send it to the Online Store.

(8) In order to effectively place and execute the Order referred to in paragraph 3 b) of this section, it is necessary for the Buyer to send to the address: yvette@yvettelab.pl , an e-mail message, which must contain the following elements: complete shipping data (name and surname, delivery address), telephone number, names of the ordered products, quantities, method of payment and delivery, and optionally VAT.

(9) In order to effectively place and execute the Order, referred to in paragraph 3 d) of this section, is the Buyer's telephone contact with the Seller at telephone number: (+48) 607 182 292

(10) Orders placed on weekdays after 4:00 p.m., on Saturdays and Sundays and public holidays will be processed on the next business day.

(11) In the case of Special Products available on an individual order basis, the Seller may require the Buyer to make a down payment of 50% of the value of the ordered Product prior to the Seller's execution of the Order.

(12) Confirmation of the placement and acceptance for execution of the Order will be sent to the Buyer by the Seller in the form of e-mail, sms or mms.

13 The sales contract shall be considered concluded upon receipt by the Buyer of the message referred to in item. 14 of this paragraph.

(14) Orders submitted for execution may be canceled by the Buyer who is also a consumer within the meaning of the Act of April 23, 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), until the Product is shipped. In the case of Products made to the Buyer's individual order, the Buyer has this right until confirmation of acceptance for execution.

15.The lead time of the Order (completing the order and preparing it for shipment) is 1 working day. In the case of Special Products made to individual order, the lead time of the Order is determined each time with the Buyer.

(16) The Buyer is informed of the lack of availability of the Products immediately, in connection with which he may agree to extend the time for the execution of the Order or cancel the ordered Product or the entire Order. In case of unavailability of the Products, the estimated lead time of the Order is determined individually with the Buyer.

17. the Seller reserves the right to cancel the Order if the Buyer, despite the request, has not completed within 7 days the deficiencies required for the effective execution of the Order.

§3 PAYMENTS

(1) Prices quoted in the Online Store are expressed in Polish zloty and are gross prices, including all components, including VAT and customs duties. However, the prices do not include possible delivery costs, which are indicated when placing an Order.

(2) The Buyer shall be informed of the total amount of the Order each time before making the Order.

(3) Each Order is accompanied by a Proof of Purchase (VAT invoice).

(4) The Buyer who is not a consumer within the meaning of the Act of April 23, 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93 as amended), in order to implement the Order authorizes the Seller to issue a VAT invoice without the signature of the recipient.

(5) The Buyer may choose one of the following methods of payment for the ordered Products:
(a) payment by regular or online bank transfer to a bank account.
b) payment on delivery
c) payment by PayPal
d) PayU payment

6 The choice of payment is made by the Buyer when placing the Order.

(7) If you choose the payment method referred to in paragraph 5 a) of this section, the Products are shipped when 100% of the funds are credited to the Seller's account.

(8) In the case of selection of the method of payment referred to in Section 5 a) of this paragraph, if the Buyer fails to make payment within 7 days from the date of confirmation of the Order, the Seller shall call on the Buyer to make payment. If the summons is ineffective, the Seller shall have the right to cancel the Order, informing the Buyer by e-mail or telephone.

§4 DELIVERY

(1) The ordered Products are delivered to the Buyer only through a Courier Company.

(2) The Seller does not allow personal collection of ordered Products.

3 The delivery address is provided by the Buyer when placing the Order.

4 Delivery costs shall be borne by the Buyer.

(5) Shipping costs are calculated in accordance with current price lists and depend on the weight and size of the shipment. The Buyer is informed about shipping costs when placing an Order. In the case of shipping outside the country, the shipping cost is determined individually based on the estimated weight of the package and the country of destination.

6 The Seller undertakes to provide the Buyer with Products free from defects.

7 The Buyer agrees to take back the shipped Product.

§5 ADVERTISEMENT

(1) The Seller recommends checking the shipment in the presence of an employee of the Courier Company. Failure to check the shipment does not stop a possible complaint, although if such verification is made, the complaint procedure will be significantly improved.

(2) If the Product is found to be defective, the Buyer is obliged to inform the Seller.

(3) The complaint should include a description of the defect in the Product, the date of its occurrence and the Buyer's request.

(4) The claimed Product must be accompanied by a Proof of Purchase or a copy thereof.

(5) The Buyer is obliged to send back the advertised Product.

6 Complaints should be addressed to:
Yvette Laboratory Sp. z o.o.
16 Wita Stwosza Street
52-010 Wrocław

(7) If the data or information provided in the complaint needs to be supplemented, the Seller will ask the complainant to supplement it in the indicated scope before considering the complaint.

(8) The Seller undertakes to respond to the complaint submitted by the Buyer within 14 days. Lack of response from the Seller after the expiry of the period indicated in the preceding sentence shall result in the complaint being deemed justified.

(9) The Seller shall be liable under the warranty if the defect is discovered before the expiration of 2 years from the release of the Product to the Buyer.

§6 WITHDRAWAL FROM THE CONTRACT

(1) The Buyer, who is a consumer within the meaning of Article 221 of the Civil Code (Journal of Laws No. 16 item 93, as amended), has the right to withdraw from a contract concluded remotely, without giving any reason, within 14 days from the date of receipt of the Product.

(2) The Buyer is not entitled to the above right in the following cases:
(a) provision of services, if the Seller has fully performed the service with the express consent of the Buyer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract,
b) contracts for services for which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract,
c) contracts whose object of performance is a non-refabricated item, produced according to the specifications of the Buyer or serving to meet his individualized needs,
d) contracts whose object of performance is an item that deteriorates rapidly or has a short shelf life,
e) contracts for which the subject of performance is an item supplied in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package has been opened by the Buyer after delivery,
(f) specific contracts, the subject of which are things that after delivery, due to their nature, become inseparable from other things,
g) contracts for which the subject of performance are alcoholic beverages, for which the price was agreed upon at the conclusion of the sales contract and delivery can only take place after 30 days, and their value depends on market fluctuations over which the Seller has no control,
h) contracts in which the Buyer expressly requested that the Seller come to him for urgent repair or maintenance. If the Seller provides additional services other than those requested by the Buyer, or provides things other than spare parts necessary for the repair or maintenance - the Buyer has the right to withdraw from the contract with respect to additional services or things,
i) contracts for the provision of sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened by the Buyer after delivery,
j) delivery of newspapers, periodicals or magazines, except for a subscription contract,
k) contracts concluded through a public auction
l) contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the concluded contract specifies the day or period of service,
m) contracts for the supply of digital content, not recorded on a tangible medium, if the performance has begun with the express consent of the Buyer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed the Buyer of the loss of the right to withdraw from the contract.

(3) For effective withdrawal from the contract, referred to in paragraph 1 of this section, it is sufficient to submit a written statement by the Buyer by e-mail or post, within the statutorily assigned 14-day period after receipt of the shipment. A model statement is included in Appendix No. 1.

(4) The Buyer, withdrawing from the contract, is obliged to return the Product together with the Proof of Purchase or a copy thereof within 14 days from the date of submission of the withdrawal.

(5) The shipping costs of the returned Product shall be borne by the Buyer.

(6) The Buyer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

7 The Seller guarantees to refund the price of the Product and the cost of shipping the Product to the Buyer immediately, no later than within 14 days.

8 The Seller shall refund the payment using the same method of payment used by the Buyer, unless the Buyer has expressly agreed to a different method of refund that does not incur additional costs for him.

(9) If the Buyer has chosen other than the cheapest ordinary shipping method offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for any additional costs incurred by the Buyer.

10.Returns of Products on withdrawal from the contract, sent at the expense of the Seller or cash on delivery will not be accepted.

(11) The provisions of this paragraph shall not apply to Buyers who are not consumers within the meaning of Article 221 of the Civil Code (Journal of Laws No. 16 item 93, as amended), i.e. persons performing legal actions directly related to their business or professional activities.

§7 INFORMATION ON THE PROCESSING OF PERSONAL DATA

Bearing in mind the security and confidentiality of your personal data, we would like to provide you with information about the purposes, scope and categories of processing of your personal data, as well as your rights in accordance with the following Regulations of the European Parliament and of the Council (EU) 2016/679, in force since May 25, 2018. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter RODO).

(1) The administrator of your Data is the company Yvette Laboratory Sp. z o.o. based in Wrocław, postal code 53-674, 32 Legnicka Street, phone: +48 607 847 847 , e-mail: yvette@yvettelab.pl, NIP 8971833103, REGON 366213525, registered in the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Division of the National Court Register under the KRS number 0000655689.

2 Contact with the Administrator is possible at the above address and via e-mail yvette@yvettelab.pl,

3 For what purpose and on what basis do we process your data?
a) If you have created an account in our Store it means that we process your personal data in order to conclude and perform a contract for the sale of goods and services offered by us and it is this contract concluded with the Administrator that constitutes the basis for the processing of your data.
b) If you have decided to shop in our Store it means that we process your personal data in order to conclude and perform a contract for the sale of goods and services offered by us and it is this contract concluded with the Administrator that constitutes the basis for the processing of your data.
c) In addition, we may process your data in order to comply with legal obligations, such as the Accounting Act, which are the basis for our processing of your data. We may also process your data for the purpose of fulfilling complaints, based on general civil law provisions, as well as for the purpose of asserting or defending against claims based on the Administrator's legitimate interests.
d) If you have subscribed to the list of subscribers to our newsletter or agreed to receive information about discounts and news offered by our Store it means that we process your
data for these very purposes and on the basis of your consent. Your consent is voluntary and you can revoke it at any time by contacting the Administrator (data above).
e) If you have contacted us via a contact form, by sending an email or by phone this means that we process your personal data on the basis of the Administrator's legitimate interest in handling your request.
f) We may also process your data that you have voluntarily agreed to provide to us during a conversation with our consultant via chat available on the Store's website.
g) In addition, we may process your personal data for analytical purposes, based on the Administrator's legitimate interest, which is the development of the Store's offer.

4 How long do we keep your data?
a) The period for which we process your data depends on the purpose and legal basis for its processing.
b) We store data processed for the purpose of entering into and executing a contract, fulfilling complaints, pursuing claims or defending against claims for a period not exceeding 10 years.
c) We process data processed for the purpose of subscribing to newsletters and receiving information about discounts and news until you withdraw your consent.
d) We store data that we process on the basis of our legitimate interests for the validity of the purposes for which they were collected and to assert or defend against claims - but no longer than 10 years from the date of collection of your data.

5 Recipients of data
Your personal data may be transferred to the following categories of recipients: persons authorized by the administrator, i.e. employees and associates who must have access to your data in order to perform their duties, entities providing services on behalf of and for the administrator, and entities entitled to receive them under the law.
Your Personal Data may be transferred to courier companies cooperating with the Store, in particular the company: DPD 15 Mineralna Street, 02-274 Warsaw to the extent that it is necessary for the delivery of goods.
Personal data of Users making online payments are transferred to companies providing payment services that cooperate with the Store, in particular to the company Krajowy Integrator Płatności S.A.
Św. Marcin 73/6 Street, 61-808 Poznań , NIP: 7773061579, REGON: 300878437, KRS: 0000412357
and
PAYPAL POLSKA SP Z O O Ul. Emilii Plater 53 00-113 Warsaw NIP: 5252406419, REGON: 141108225 and KRS: 0000289372 to the extent that it is necessary to complete the payment.

6 How can you exercise your rights under the RODO?
You have the right to:
- access your data,
- obtain a copy of that data,
- modify and correct your data,
- to delete your data, provided that the applicable regulations do not oppose this,
- object to not being subject to automated decisions based on profiling,
- object to improper processing of your personal data,
- withdrawal of consent,
- transfer of data to another controller, where the data are processed on the basis of consent or a concluded contract.

7 You may submit a request for the exercise of your rights by letter to the address of the Store 16 Wita Stwosza Street, 50-148 Wrocław or by e-mail to yvette@yvettelab.pl.

8 In order to efficiently handle your rights, please include the following categories of information in the application:
- data identifying the applicant (name, address, e-mail address, telephone number)
- reasons for the application,
- other additional information that would enable us to correctly identify the person
- the method of receipt of data.
The data provided in the application will not be processed for any other purpose except for the execution of the request.
In the absence of data in the Store's resources, they will not be recorded.
Your requests will be considered on an individual basis. The possibility of realization of the above-mentioned rights depends on the legal basis for processing your data.
Your requests will be implemented within 1 month of receipt of the request. If for any reason we are unable to meet this deadline you will be informed.

(9) In accordance with the RODO, the first request is processed without charge. In situations where your requests would be unreasonable or excessive, we reserve the right to charge a fee.

10. in accordance with the RODO, you have the right to lodge a complaint with the President of the Data Protection Authority about the improper processing of his data.

§8 COPYRIGHT PROTECTION

(1) All photos of the Products and other materials (including texts, graphics, logos) posted on the website of the Online Store www.yvettelab.pl are the property of the Seller or have been used by the Seller with the permission of third parties who hold copyrights to them.

(2) It is forbidden to copy photographs and other graphic materials and to use reprinting of texts posted on the website of the Online Store www.yvettelab.pl, including making them available on the Internet without the written consent of the Seller or any other third party holding copyrights to them.

(3) It is also forbidden for external parties to download images from the website of the Online Store www.yvettelab.pl and use them for marketing and commercial purposes.

(4) The use of the aforementioned materials without the written consent of the Seller or any other third party who holds the copyright is illegal and may be grounds for civil and criminal proceedings against those who engage in this practice.

§9 FINAL PROVISIONS

(1) The Seller reserves the right to introduce restrictions on the use of the Online Store due to its technical service, maintenance work or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that the said interruptions take place at night and last as short as possible.

(2) The Seller reserves the right to amend the Terms and Conditions. Amendments shall come into force at the time expressly indicated by the Seller, but not earlier than 7 days after their announcement. Orders placed before the entry into force of the changes referred to in the preceding sentence will be executed on the terms in effect at the time of their placement.

(3) Any disputes between the Parties shall be resolved amicably or in the presence of an independent and impartial mediator. In addition, the Consumer may take advantage of out-of-court ways to resolve complaints and claims. Wanting to use the possibility of amicable resolution of disputes regarding online shopping, the Consumer may also submit his/her complaint through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/ .

(4) If it is not possible to resolve the dispute amicably, including through mediation, the jurisdiction of the Court will be determined in accordance with the laws generally applicable in the Republic of Poland.

(5) In matters not covered by these Regulations, the relevant provisions of Polish law, in particular the Act of April 23, 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93 as amended) and the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827.) and other relevant.

6. the Regulations are effective as of 15.11.2020.