Regulations

Regulations of yourpad.pl online store
§1
GENERAL PROVISIONS

1. The yourpad.pl [“Store”] online store sells on the basis of these Terms and Conditions [“Terms and Conditions”] dedicated mainly to consumers, via the Internet, goods in the form of Yourpad pads, manufactured according to the specifications specified by the Customer.
2. The owner of the Store is ARGO joint-stock company [“the Company”] with its registered office in Gdansk, Poland, at Street. Krynicka No. 1 (80-393 Gdańsk), entered in the register of entrepreneurs kept in the system of the National Court Register by the District Court Gdańsk – North in Gdańsk, VII Economic Department of the National Court Register under the KRS number: 0000121651, NIP: 5841028991, REGON: 190928358, with the share capital of PLN 1,100,000.00, paid in full. Contact with the Company is possible via e-mail address: [kontakt@yourpad .pl]; via telephone number: [+48585543530] or through other communication channels available in the Store (including chat);
3. A customer within the meaning of the Regulations is a consumer within the meaning of Art. 221 of theCivil Code April 23, 1964. – Civil Code (hereinafter: “Civil Code. “), a natural person concluding a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Registration and Information on Business Activity [“Consumer”], as well as a legal person, an organizational unit without legal personality but with legal capacity, and a natural person concluding a contract directly related to his/her business activity that has a professional character for this person [dalej łącznie „Klient”].
4. Regulations are an integral part of the sales contract concluded with the customer. The condition for the conclusion of a sales contract between the Company and the Customer is the Customer’s acceptance of the Terms and Conditions.
5. The use of the Store’s website, including browsing the assortment and placing orders for products, is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
   i. A computer equipped with OSX or Windows XP, 7, 8 or later with Internet access and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
   ii. active electronic mail (e-mail) account.
6. The store occasionally, under the provisions of separate regulations, may introduce promotions for goods, sales actions and special prices for orders, transportation services.

§2
PROVISION OF ELECTRONIC SERVICES

1. The store provides electronic services to enable customers:
   i. creation and use of a Customer account on the Store’s website at www.yourpad.pl,
   ii. use of the Newsletter service.
2. Creation of a customer account on the Store’s website is completely voluntary and dependent on the will of the customer and is not necessary to place an order. A customer who has created an account on the Store’s website has the ability to view order history and track the status of a placed order, as well as use other functionalities made available to those registered with the store.
3. In order to create an account on the Store’s website, it is necessary to register free of charge and to read the Regulations and the information clause for Customers. Registering an account involves filling out and submitting a form located on the Store’s website in the “REGISTER” tab and marking the boxes for reading the Regulations and the information clause for Customers.
4. Creating an account on the Store’s website is possible only after the Customer has read the information clause for Customers specifying the rules of processing personal data, which are necessary for creating an account on the Store’s website. The customer confirms that he/she has read the Customer Information Clause by checking the appropriate box when filling out the form. Provision of data marked as necessary is necessary for the establishment of an account, the execution of orders placed in the Store, as well as the proper implementation of services provided electronically. Provision of personal data marked as necessary to create an account is voluntary, however, necessary for the purpose of creating an account. It is not necessary to provide personal data not marked as necessary to create an account.
5. After submitting the form, the Customer will receive a password to the Customer’s account at the e-mail address indicated in the form, along with confirmation of the creation of the Customer’s account. Upon receipt by the Customer of an e-mail confirming the registration of the Customer’s account, a contract for the provision of electronic services in terms of enabling the Customer to create and use an account on the Store’s website under the terms of the Regulations is concluded. The service is provided free of charge for an indefinite period of time.
6. Due to the scope of services provided under the account services agreement, the Company indicates that the provision of an e-mail address by the Customer is necessary for the performance of the Customer’s account services agreement, and consequently constitutes consent to the use of the Customer’s e-mail address for this purpose within the meaning of the Act of July 18, 2002. On provision of services by electronic means (Journal of Laws of 2020, item 344, as amended).
7. The provision of the Customer’s account service is not possible without the Customer providing his/her name and e-mail address – for the purpose of identifying the Customer and for the purpose of executing the contract for the provision of Account services.
8. The customer may cancel the account at any time at no cost. In order to cancel your account, you must send your cancellation to the following email address: kontakt@yourpad.pl which will result in the termination of the account services contract.
9. Using the Newsletter service is possible after subscribing to the Newsletter by providing your e-mail address in the box located on the Store’s website and clicking the “SIGN ME UP” icon.
10. The customer may terminate the contract for the provision of services at any time, without stating a reason and without incurring costs, in particular by:
    i. clicking on the “DELETE ACCOUNT” icon – in the case of electronically provided service of maintaining a customer account;
    ii. filling in the “DISCONTINUE NEWSLETTER” field, located in the Customer’s account in the “Newsletter Personalization” tab – in the case of the Newsletter service provided electronically.
11. The store is entitled to block the customer’s account in cases provided by generally applicable laws, as well as for valid reasons, such as:
    i. Customer’s use of the Store’s website in a manner that violates the law or the provisions of the Terms and Conditions,
    ii. Customer’s use of the Store’s website in a manner that violates the rights of third parties or good morals,
    iii. Customer’s use of the Store’s website in a way that interferes with its proper functioning,
    iv. sending or posting of unsolicited commercial information (spam) by the Customer within the Store’s website.
12. The Customer will be notified of the intention to block the Customer’s account by sending a message to the e-mail address to which the Customer’s account is currently registered. The blocking of the Customer’s account is tantamount to the termination of the contract for the provision of electronic services with the Customer with immediate effect.
13. If a customer’s account is blocked, orders placed by that customer that have not been forwarded for processing will be canceled. In the event that payment for the order has already been made, the Store will refund the Customer the entire amount paid, no later than 14 days from the date of cancellation of the order.
14. Termination of the contract for the provision of customer account services by the Store or by the Customer, as well as termination of the contract for the provision of customer account services with the consent of the Store and the Customer, will result in the deletion of the account.
15. The Customer may submit complaints related to the functioning of the Store’s website and the use of the service of maintaining an account on the Store’s website by e-mail to: kontact@yourpad.pl or in writing to the registered address of the Store’s owner.
16. The store undertakes to consider the complaint referred to in paragraph. 15 above, within 14 days from the date of its receipt, and if this is not possible, to inform the Client within this period about the time limit for processing the complaint. In case of deficiencies in the complaint, the Store will call on the Customer to supplement it to the necessary extent within 7 days from the date of receipt of the call by the Customer.
17. In the case of non-consumers, the Store may terminate the contract for the provision of electronic services with immediate effect without indicating the reasons. Termination of the contract for the provision of services by electronic means immediately is carried out by sending a statement to the Customer who is not a Consumer via the e-mail address to which the account is currently registered.

§3
ORDERS

1. Orders can be placed after creating a free customer account or without registration through the transaction form available on the Store’s website. Placing an order is considered in each case as an offer to purchase.
2. If the Customer makes a purchase without registration through the transaction form available on the Store’s website, the condition for concluding a sales contract is:
   i. Customer’s familiarization with the Regulations and the Information Clause,
   ii. placing the selected goods in the shopping cart by clicking “ADD TO CART”, preceded by:
   a. Choosing the size of the pad from among the available options:
    Yourpad S (30×25 cm),
    Yourpad M (46×40 cm),
    Yourpad L (78×30 cm),
    Yourpad XL (90×40 cm);
   b. choosing the type of hem from among the available options:
    with hem,
    unhemmed;
   c. uploading a graphic or photo to be printed on the mousepad and adjusting the size of the graphic or photo using the functions on the Store’s website;
   d. indicating the quantity of ordered mousepads according to the specified specifications.
   iii. Entering the transaction form by going to the shopping cart and clicking “ORDER”,
   iv. Provision by the Client of information that is included in the transaction form, i.e.:
   a. Customer’s name, optionally the company of the entrepreneur, address – for the purpose of concluding and performing the sales contract;
   b. e-mail address – for the purpose of verifying the Customer and for the purpose of contacting the Customer during order processing;
   c. telephone number – for the purpose of contacting the customer during the execution of the order;
   v. submitting a statement on familiarization with the Customer Information Clause by checking the checkbox that reads: “I have read the Customer Information Clause”,
   vi. submitting a statement on familiarization with the Terms and Conditions by checking the checkbox: “I have read the Terms and Conditions of yourpad.pl online store and accept their content”.
   vii. submission of a statement on copyright to the graphic or photo: “I declare that I own all rights to the graphic or photo , with the characteristics of a work within the meaning of the Act of February 04, 1994 on Copyright and Related Rights (Journal of Laws 2022.2509 as amended), which is to be printed on the coaster and, upon uploading the graphic or photo, I grant to the Company, without separate compensation, a non-exclusive and limited license to use the works referred to in point. ii lit. c. above, in the following field of exploitation – printing of graphics or photos on the mousepad ordered by me”,
   viii. selecting a payment method,
   ix. Clicking the “BUY AND PAY” icon.
3. If you make a purchase after creating a free customer account, the condition for concluding a sales contract is:
   i. Customer’s familiarization with the Regulations and the Information Clause,
   ii. Logging into the customer’s account,
   iii. placing selected goods in the shopping cart by clicking “ADD TO CART” preceded by:
   a. Choosing the size of the pad from among the available options:
    Yourpad S (30×25 cm),
    Yourpad M (46×40 cm),
    Yourpad L (78×30 cm),
    Yourpad XL (90×40 cm);
   b. choosing the type of hem from among the available options:
    with hem,
    unhemmed;
   c. uploading a graphic or photo to be printed on the mousepads and adjusting the size of the graphic or photo using the functions on the Store’s website;
   d. indicating the quantity of ordered mousepads according to the specified specifications.
   iv. Moving to the transaction form by clicking “ORDER”,
   v. filling out the order form,
   vi. submitting a statement on familiarization with the Customer Information Clause by checking the checkbox that reads: “I have read the Customer Information Clause”,
   vii. submitting a statement on familiarization with the Terms and Conditions by checking the checkbox: “I have read the Terms and Conditions of yourpad.pl online store and accept their content”.
   viii. submission of a statement on copyright to the graphic or photo: “I declare that I own all rights to the graphic or photo , with the characteristics of a work within the meaning of the Act of February 04, 1994 on Copyright and Related Rights (Journal of Laws 2021.1062 as amended), which is to be printed on the pad and, upon uploading the graphic or photo, I grant to the Company, without separate compensation, a non-exclusive and limited license to use the works referred to in point. iii letter c above, in the following field of exploitation -printing of graphics or photos on the mousepad ordered by me”.
   ix. selecting a payment method,
   x. Clicking the “BUY AND PAY” icon.
4. In view of the content of the statement referred to in paragraph. 2 point vii and paragraph. 3 point viii The customer bears all responsibility for its falsity and for infringement of third-party copyrights.
5. At any stage of ordering, the customer can cancel the order by stopping going through the steps and exiting the ordering subpage. This can be done in several ways: for example, by clicking on the icon used to return to the previous page or by clicking on any sub-page (or product) found on the Store’s website. An order that is not brought to completion by the customer will be automatically canceled.
6. Binding on the parties is the information contained on the Store’s website next to the purchased goods added to the shopping cart at the time of ordering, in particular: the price, the characteristics of the goods, their features, the elements included in the set, the date and method of delivery and the promotions to which it is subject.
7. Each order placed by the Customer is confirmed immediately after the receipt of the relevant message to the e-mail address provided by the Customer and the granting of the status “LOOKING FOR” on the Customer’s account in a situation where the Customer purchases with the help of an account created.

§4
EXECUTION OF THE ORDER

1. Upon acceptance of an order for processing, a contract of sale is concluded between the Customer and the Store. The Store will inform about the acceptance of the order for processing by sending an appropriate message to the e-mail address provided by the Customer and by assigning the status “SUBMITTED FOR FULFILLMENT” on the Customer’s account in a situation where the Customer makes purchases using the created account.
2. Until the customer is informed of the acceptance of the order for processing in accordance with paragraph. 1 of this paragraph, the customer is entitled to cancel the order placed.
3. The store is entitled to refuse to process an order containing unlawful content, i.e. one the content of which, especially uploaded graphics or photos, violates the rights of third parties, copyright and related rights, generally accepted social norms or is inconsistent with generally applicable laws.

§5
PAYMENTS

1. The customer can choose from the following forms of payment:
   i. online payment – via DotPay service; the payment instruction should be carried out immediately after placing the order. If payment is not received in the account of the entity mediating the transaction (DotPay service) within 3 working days after placing the order, the order will not be processed and the contract is considered not concluded,
   ii. prepayment – then the Store reserves the goods in stock and sends them to the address indicated by the Customer after the payment is credited to the bank account on the basis of the issued pro-forma invoice/sales order,
   iii. by other means, if specified on the Store’s website.
2. Prices on the site are given in Polish zloty, are gross prices.
3. The price listed on the site at the time of ordering is the final price, binding on the customer.
4. Prices of products indicated on the Store’s website do not include delivery costs. The total cost of processing the order includes the total price of the ordered goods including delivery costs.

§6
SHIPMENT OF GOODS

1. Subject to paragraph. 2, the ordered goods are shipped via shipping companies within 3 working days counting: from the day following the day on which the Customer’s payment is credited to the Store’s bank account.
2. In case of lack of goods in the Store’s stock and the necessity to produce the goods, the time for processing the order and sending the goods may be longer, of which the Customer will be informed when placing the order at the “ADD TO CART” stage, referred to in § 3 par. 2 pkt iii i §3 ust. 3 point iii of the Regulations.

§7
COMPLAINTS

1. The Company makes every effort to ensure that the goods offered are free of defects and of full value. However, if, despite efforts, the goods had defects within the meaning of the Civil Code or were inconsistent with the contract, the Company shall be liable to the Customer for the defect of the goods under the rules set forth in the Civil Code provisions on warranty, and the Customer shall have the right to file a complaint.
2. If the goods have a defect, the Company shall be liable under the warranty if the defect is discovered before the expiration of two years from the date of delivery of the goods to the Customer.
3. A customer who is not a Consumer as defined in Art. 221 of the Civil Code, he loses his rights under the warranty if he did not examine the item in the time and manner usual for items of that kind and did not notify the Company of the defect within 14 days from the release of the goods, and if the defect came to light only later – if he did not notify the Company within 7 days after its discovery.
4. In the case of a defect in the goods, the customer making the claim should indicate, at his choice, the claim available to him under the provisions of Art. 560 and 561 of the Civil Code. The customer can report a complaint, for example, by filling out the complaint form sent to the customer along with the ordered goods – download the document.
5. The claim and the advertised product should be sent to ARGO S.A., street. Krynicka 1, 80-393 Gdansk. or address kontakt@yourpad.pl
6. The notification referred to in paragraph. 5 above should include:
   (i) in the title of the message – the word “complaint” and the order number,
   (ii) in the content of the message a concise description of the application including the name, index and quantity of the complained goods,
   (iii) a photo of the damaged goods.
7. In the absence of data necessary to consider warranty claims for a defective product, the Store will promptly request the Customer to complete the data after reviewing the content of the Customer’s request.
8. In case of refusal to accept the complaint, the Store will respond within 14 (fourteen) calendar days to the Customer’s requests to replace the item or remove the defect or reduce the price by e-mail or in writing. The response to the requests will also include the reasons for the Store’s position.
9. If the Customer submits a statement of price reduction or withdrawal from the contract, the Store, considering the complaint positively, may immediately and without excessive inconvenience to the Customer replace the defective product with a defect-free one or remove the defect. Such a possibility is excluded if the goods have already been replaced or repaired by the Store, or the Store has not fulfilled the Customer’s previous request to replace the item with a defect-free one or to remove the defect.
10. If the Customer submits a request for replacement of the item with a defect-free one or removal of the defect, the Store, considering the complaint positively, will replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience for the Customer. The Company may refuse to satisfy the Customer’s request if bringing the defective item into conformity with the contract in the manner chosen by the Customer is impossible or, compared with the other possible way of bringing it into conformity with the contract, would require excessive costs. If the customer is an entrepreneur, the Store may refuse to replace the item with a defect-free item or remove the defect also if the cost of satisfying this obligation exceeds the price of the sold item.
11. In the event that the Customer who is a Consumer files a complaint about the goods and it is necessary to replace the goods with a defect-free item or remove the defect, the cost of collecting the defected goods and delivering new or defect-free goods shall be borne by the Company. The customer is obliged to make the object of the complaint available to the Company for collection.
12. If the customer’s complaint results in withdrawal from the contract, ie. When it is not possible to replace the product with a defect-free one or to remove the product defect, the Store will immediately refund the price paid by the Customer.

§8
INFORMATION OBLIGATIONS

1. The company indicates that:
   a. In order to receive confirmation of order placement and notifications on order processing to the e-mail address provided by the Customer, it is required to obtain a connection to the Internet and a correctly configured Internet browser and to have an active and correctly configured e-mail account;
   b. The Customer shall comply with the prohibition on the abuse of electronic communications and the delivery of the following content by or to the Company’s data communications systems: (i) causing a disturbance in the operation or overloading of the Company’s ICT systems; (ii) of an unlawful nature, i.e. Such that violate the welfare of third parties, generally accepted social norms or are inconsistent with generally applicable laws;
   c. The digital content that makes up the service does not affect the hardware or software with which it is played by the Customer;
   d. The means of communication with the Customer in the form of a chat room, made available on the Store’s website, guarantees the preservation of written correspondence between the Customer and the Company, including the date and time of such correspondence, meets the requirements of a durable medium and allows the Customer to contact the Company quickly and efficiently;
   e. does not apply individual price adjustment based on automated decision-making by the customer;
   f. The Company informs that for the proper provision of the Newsletter-type service, in particular in order to determine the Client’s personal preferences and to best tailor the digital content sent to the Client’s preferences, the Company uses Cookies, as well as other data obtained from suppliers of IT tools used to collect information about Internet users. The customer has the right to change the settings for cookies at any time – for this purpose, follow the instructions of the Internet browser used by the customer.
2. The Regulations and Customer Information Clause are available at www.yourpad.pl.
3. The Company communicates with customers by telephone, e-mail and in writing – if the customer provides data for this purpose.
4. The Company informs that at http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.

§9
WITHDRAWAL

1. The customer is not entitled to withdraw from a contract concluded at a distance, the object of which is a non-refabricated item produced to the customer’s specifications and individual design, in accordance with Art. 38 item 3) of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2020, item 287, as amended), hereinafter referred to as the “Consumer Rights Act”.
2. If the subject of a contract concluded remotely is a prefabricated item, not manufactured to the Customer’s specifications, but found in the Store’s resources, the Customer, being a Consumer within the meaning of Art. 22¹ of the Civil Code shall have the right to withdraw from the contract under the terms of paragraph. 3-8 below.
3. Subject to paragraph. 1 above, the Customer who is a Consumer has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods. If the Customer who is a Consumer withdraws from the contract, the contract is considered not concluded, and the mutual benefits of the Customer and the Company are refunded.
4. Withdrawal by a Customer who is a Consumer from a contract concluded remotely requires a statement of withdrawal by the Customer. This can be done, for example, by completing the form Statement of Withdrawal from a Distance Contract sent to the Client along with the ordered goods, in accordance with Appendix No. 2 to the Consumer Rights Act. The customer is entitled, but not obliged, to use the available form.
5. The declaration of withdrawal from a distance contract and the returned goods should be sent to: kontakt@yourpad.pl or [adres siedziby firmy] ARGO S.A., ul. Krynicka 1, 80-393 Gdansk. In order to be effective, the notice of withdrawal must be sent to the Company before the expiration of the 14-day period indicated above.
6. The customer is obliged to return the returned goods within 14 days from the day on which he withdrew from the contract. To meet the indicated deadline it is sufficient to return the item before its expiration.
7. The Customer who is a Consumer is obliged to pay the direct costs of returning the item to the Company (i.e. the cost of returning the goods through a courier company, the Polish Post Office or other institution). The Company does not accept cash on delivery.
8. In the event of withdrawal from the contract, the payments made by the Customer, including the cost of delivering the goods, will be returned to the Customer in the manner indicated by the Customer, e.g. to the bank account number provided by the Customer within a maximum of 14 days from the date of receipt by the Company of the goods or delivery by the Customer of proof of their return, whichever event occurs first. If the Customer does not provide a method for refunding the payment made by the Customer, the Company will refund the payment using the same method of payment used by the Customer.
9. Returned goods should be in unaltered condition, i.e. Must not bear traces of use.
10. The customer shall be liable for any diminution in the value of the goods resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.

§10
AMENDMENTS TO THE REGULATIONS

1. The Company reserves the right to amend the Regulations in the event of:
   i. Entity change on the part of the Company,
   ii. changes to the technological system that supports the Store,
   iii. changes to the electronic payment service provider,
   iv. changes in generally applicable laws, which directly affects the content of the Regulations.
2. Any amendment to the Regulations will be announced by the Company on the website www.yourpad.pl at least one month in advance.
3. The Company may amend the Regulations without observing the one-month period referred to above, including with immediate effect, in the event that it is subject to a legal or regulatory obligation under which it is required to amend the Regulations in a manner that prevents it from observing the aforementioned one-month notice period.
4. The current version of the Terms and Conditions and the Customer Information Clause, as well as information on changes to the Terms and Conditions, are available at www.yourpad.pl.