Terms of service
Hello,
we're glad you've found the legal documents section of our Store. It means you're an informed Customer who cares about your consumer rights and shops consciously.
We have good news for you: in our Store, we care not only about the quality of our products and friendly service, but also about your rights when shopping online. Our documents comply with applicable law, in particular with the latest version of the Polish Consumer Rights Act.
If you have any questions about our terms or the products offered in our online store, please get in touch. We answer every question.
+48 12 383 25 88
Terms and Conditions version 4.0 effective as of 15.02.2024.
1.1. The Online Store is available at ainsinpl.com and its extensions.
1.2. The Online Store is operated by YZEE Sp. z o.o., with its registered office in Kraków at ul. Piłsudskiego 28/6, 31-111 Kraków, Poland, KRS: 0000806297, NIP (Tax ID): 6762571856, REGON: 38448280800000 (hereinafter: the Seller).
1.3. You can contact the Online Store:
- by email at: sklep@ainsinpl.com;
- by phone at: +48 12 383 25 88 (call center open 8:00 a.m. to 4:00 p.m. CET, Monday to Friday, except public holidays in Poland);
- by mail at: YZEE Sp. z o.o., ul. Piłsudskiego 28/6, 31-111 Kraków, Poland.
- read their content,
- record their content by printing it or saving it on an external storage medium, e.g. by downloading it as a PDF,
- read the current version as well as previous versions.
- PROMOTIONAL CAMPAIGN – special terms for the sale of Products or the provision of services, offered by the Seller for a specified period, which the Customer may take advantage of on the terms set out therein, such as a reduced Price for a Product or Promotional Set, or reduced / free Shipping. The details of a Promotional Campaign are governed by the Promotional Campaign Terms, in line with the information provided in the Online Store. While a Promotional Campaign is in effect, the Promotional Campaign Terms take precedence over these Terms and Conditions.
- CUSTOMER SERVICE – the Customer Service Office of the Online Store, which provides information about the Online Store's business, including the Products offered and the fulfillment of Orders.
- PRICE – the gross amount (including tax), expressed in Polish zloty (PLN), due to the Seller for transferring ownership of the Product to the Customer under the Sales Agreement. The Price does not include delivery costs, unless the terms of a Promotional Campaign in effect in the Online Store at the time provide otherwise.
- CUSTOMER – (1) a natural person; or, acting through an authorized representative, (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity; having full capacity to perform legal acts. If the Customer is a natural person with limited capacity to perform legal acts, they undertake to obtain the legally effective consent of their legal representative to conclude the Service Agreement/Sales Agreement and to present such consent at the Seller's request.
- CONSUMER – a natural person who performs a legal act with a business that is not directly related to their business or professional activity, within the meaning of Art. 22(1) of the Polish Civil Code of 23 April 1964.
- CUSTOMER ACCOUNT – an Electronic Service; a set of resources in the Seller's ICT system, identified by an individual name (Login) and a Password provided by the Customer, which allows the Customer to use additional functions of the Online Store. The Customer accesses the Account using their Login and Password. The Customer logs in to their Account after registering in the Online Store. The Account makes it possible to save and store the Customer's address details for shipping Products, access Order history and use other services provided by the Seller.
- CART – an Electronic Service available to every Customer using the Online Store that allows them to easily place an Order for one or more Products, occasionally enter discount codes that reduce the Price on the terms set out in separate Promotional Campaign Terms, and view a summary of the Price of individual Products and of all Products together (including any shipping costs). The Cart also makes it possible to set and change order details, in particular: the quantity of Products, delivery address, invoice details, delivery method and payment method. As part of the Cart service, the Seller may send the Customer an email about products left in the Cart or about a transaction that failed or was declined by the payment intermediary (transactional email). The Cart collects the offers to conclude a Sales Agreement submitted by the Customer, i.e. more than one offer to conclude a Sales Agreement may be submitted within a single Order.
- LOGIN – the Customer's username provided in the Store when creating a Customer Account.
- NEWSLETTER – an Electronic Service that allows all subscribers to receive regular information about the Online Store, in particular about Products, current activities, marketing campaigns and Promotional Campaigns, at the email address provided by the User, with their express consent.
- PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller, in exchange for payment of the Price. A Product constitutes goods within the meaning of Art. 2(4a) of the Polish Consumer Rights Act of 30 May 2014.
- SOLE TRADER WITH CONSUMER RIGHTS - a Customer who is a natural person concluding an agreement directly related to their business activity, where the content of the agreement shows that it is not of a professional nature for them, arising in particular from the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG).
- TERMS AND CONDITIONS – this document, which sets out, among other things, the rules for concluding Sales Agreements and the rules for providing and using the services made available by the Seller to Users and Customers through the Online Store. The Terms and Conditions set out the rights and obligations of the User, including the Customer, and of the Seller. With regard to services provided by electronic means, these Terms and Conditions constitute the regulations referred to in Art. 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.
- ONLINE STORE - the online sales website operated by the Seller in Polish, available at the ainsinpl.com domain.
- PRODUCT PAGE - a page in the Online Store that presents detailed information about a Product.
- CONTENT – text, graphic or multimedia elements (e.g. Product information, Product photos, promotional videos, descriptions, comments), including works within the meaning of the Polish Act on Copyright and Related Rights and images of natural persons, posted and distributed in the Online Store by the Seller, the Seller's business partners, the Customer or another person using the Online Store, as applicable.
- SALES AGREEMENT – a sales agreement within the meaning of the Polish Civil Code, concerning the sale of a Product by the Seller to the Customer in exchange for payment of the Price plus any additional charges, including shipping costs, the terms of which are set out in particular in these Terms and Conditions. The Sales Agreement is concluded between the Customer and the Seller by means of distance communication, after the Seller accepts the Order on the terms set out in these Terms and Conditions. The Sales Agreement specifies in particular the Product, its main characteristics, the Price, shipping costs and other material terms. Each Product is the subject of a separate Sales Agreement. For objective (factually justified) reasons, the Seller may, within the functionality of the Online Store, stipulate that only one Agreement is concluded for several Products because of a direct connection between them, e.g. a Promotional Set, in accordance with the Promotional Campaign Terms.
- ELECTRONIC SERVICE – a service provided by electronic means within the meaning of the Polish Act of 18 July 2002 on Providing Services by Electronic Means, by the Seller to the Customer through the Online Store, in accordance with the Service Agreement. To the extent that services are provided by the Seller's partners, the relevant provisions on the use of those services are set out in the terms governing the provision of services by those partners.
- USER – a natural person browsing the Online Store, without the need to create a Customer Account or make a purchase.
- ORDER – the Customer's declaration of intent expressing a direct wish to conclude a distance Sales Agreement, submitted by means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Sales Agreement and the Customer's details necessary to conclude and perform the Sales Agreement. The order for each Product is treated as a separate offer by the Customer to conclude a Sales Agreement (for technical convenience). During a Promotional Campaign, the Seller may, within the functionality of the Online Store and for objective reasons, make the conclusion of a single Sales Agreement for several Products within a Promotional Set conditional on a direct connection between the Products. The Order may be given a single number, and all offers will be processed in parallel. Acceptance of the Order means conclusion of the Sales Agreement.
- SET/MULTIPACK – a special configuration of selected products offered as part of a promotional campaign, allowing these products to be purchased as a bundle at a lower price than when each product is purchased individually
2. RULES FOR USING THE ONLINE STORE
- a device with internet access;
- the latest version of a web browser;
- an active email account (email address) in order to create a Customer Account or make a purchase.
3. ELECTRONIC SERVICES IN THE ONLINE STORE
- maintaining a Customer Account, if registered;
- enabling Customers to place Orders and conclude Sales Agreements on the terms set out in these Terms and Conditions;
- presenting Customers with advertising content tailored to their interests;
- enabling Customers to use the Cart;
- enabling reviews of purchased products to be posted;
- enabling Content posted in the Store to be viewed, including marketing content;
- Newsletter
- keeping the Customer's session active after they log in to the Account (via the browser);
- storing the Customer's Order history and making it available through the Account;
- enabling the Customer to change their details in the Customer Account;
3.3. The Account can be used after the Customer completes all of the following steps:
- filling in the registration form by providing an email address and setting a password, consenting to the processing of personal data, and accepting these Terms and Conditions and the Privacy Policy;
- confirming the wish to create a Customer Account by clicking the activation link in the email sent to the address provided (the double opt-in);
- successfully registering, which will be confirmed by an email from the Online Store's Customer Service.
3.5. Use of the Cart begins when the User adds the first Product to the Cart.
3.8. The Newsletter service includes:
3.9. The Newsletter service can be used after the User completes the following steps:
- providing at least their email address in the designated field in the Online Store or ticking the relevant checkbox to receive commercial information via the chosen communication channel;
- accepting these Terms and Conditions (including, additionally, by clicking the activation link sent by the Seller to the email address provided by the Service Recipient, if this function is available) and confirming that they have read the Privacy Policy. The Service Provider may also offer other ways of accepting the Terms and Conditions.
3.10. The Newsletter service is provided for an indefinite period.
- a change in the law governing the provision of services by electronic means by the Seller that affects the mutual rights and obligations set out in the Agreement, or a change in the interpretation of such law as a result of court judgments, decisions, recommendations or guidelines of the competent offices or authorities;
- a change in the way services are provided resulting solely from technical or technological reasons (in particular an update of the technical requirements set out in these Terms and Conditions);
- a change in the scope or provision of the services to which these Terms and Conditions apply, through the introduction of new functions or services covered by the Terms and Conditions, or the modification or withdrawal of existing ones by the Service Provider.
3.17. The Text Message service is provided for an indefinite period.
3.18. The Service Recipient may at any time and without giving any reason cancel the Text Message service, in particular by sending a request to stop providing the service to the contact details given in section 1.3 of the Terms and Conditions or via the page: https://ainsinpl.com/pages/rezygnacja-sms with a cancellation request. Unsubscribing from the Text Message service does not automatically cancel the Newsletter service.
Complaints about Electronic Services
3.19. Complaints about the provision of Electronic Services may be submitted in any form. We recommend using the means of communication indicated in section 1.3 of the Terms and Conditions.
3.20. A sample complaint form is available below the Terms and Conditions.
3.21. The Seller will respond to the complaint without undue delay, and no later than within 14 days of its submission.
4. TERMS FOR PLACING ORDERS AND CONCLUDING SALES AGREEMENTS
This is a very important part of the Terms and Conditions, in which we explain how you can buy our Products, i.e. place an Order and then conclude a Sales Agreement.
4.1. The information presented in the Online Store is only an invitation to conclude an agreement within the meaning of Art. 71 of the Polish Civil Code, addressed by the Seller to Users, including Customers, and not an offer within the meaning of the Civil Code.
4.2. The main characteristics of the service, including its subject and the way of communicating with the User, are set out on the Product Page or in another manner appropriate to the given Product in the Online Store. If a Product lacks certain characteristics, properties or functions (e.g. it is an outlet product), the Seller will clearly inform the User of this before they place an Order.
4.3. As the Products or services available in the Online Store develop, and due to their specific nature, the Seller may introduce restrictions on how Orders for certain Products may be placed. If several Orders are placed at the same time and such a restriction applies to at least one of them, this may also affect the available ways of placing the other Orders.
4.4. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order.
Placing Orders
4.5. The Seller allows the User to place an Order through the Online Store as follows, step by step:
- The Customer adds the selected Product (or Products) to the Cart and then proceeds to the order form (checkout);
- A User logged in to their Customer Account confirms in the order form that the details required to place the Order are up to date;
- A User without a Customer Account must fill in the order form to the extent necessary to place the Order. The following Customer details must be provided in the form: first and last name, address (street, building/apartment number, postal code, city, country), email address and contact phone number, as well as details relating to the Sales Agreement: the place and method of delivery of the Product(s) and the payment method. Customers who are not Consumers must also provide the company name and tax identification number (NIP). In the case of business Customers, the Seller may ask for the business's PKD (Polish Classification of Activities) codes;
- In any case, providing outdated or false information when filling in the order form may prevent the Order from being fulfilled and the Sales Agreement from being concluded;
- When filling in the Order form, the Customer must choose the method of payment of the Price and the method of delivery of the Product, if it is to be shipped;
- The Customer sends the Order to the Seller (submits an offer). A Customer who does not have an Account and has not previously accepted the Terms and Conditions must accept the Terms and Conditions and read the Privacy Policy;
- Depending on the payment method chosen for the Order, the Customer may be redirected to the pages of an external payment service provider in order to make the payment or provide details for an installment purchase or deferred payment.
4.6. In response to the Order, the Seller promptly sends the Customer an automatic message to the email address provided for this purpose, confirming receipt of the Order.
4.7. Once the Order has been verified, the Seller sends the Customer, without undue delay, a message to the email address provided with:
- confirmation of acceptance of one or more individual offers for Products submitted in the Order and confirmation that the Sales Agreement has been concluded (acceptance of the Order with regard to the Products listed in the message); or
- information that it is not possible to accept all offers for Products submitted in the Order, e.g. due to lack of payment.
4.8. The Sales Agreement is concluded when the offer(s) in the Order are confirmed, i.e. when the email referred to above is sent to the Customer, with regard to the Products listed in it.
4.9. Placing an Order means consenting to receive the receipt / invoice, corrective invoice and duplicates of these documents electronically at the email address provided. The Seller sends the receipt / invoice together with the Order confirmation. At the same time, the Customer declares that they will receive the above electronic invoices at the email address they have provided.
4.10. If it is not possible to accept all or some of the offers submitted in the Order, Customer Service will contact the Customer in order to:
- inform the Customer that it is not possible to accept all offers submitted in the Order; or
- obtain the Customer's confirmation that they wish the Order to be fulfilled to the extent that the Seller has agreed to accept the offers to conclude a Sales Agreement. The Customer may then cancel the entire Order (with regard to all offers), which does not affect their right to withdraw from the agreement. Cancellation of the Order by the Customer releases the Seller from the obligation to fulfill it further. If the Order is cancelled, the section below applies accordingly.
4.11. If it is not possible to accept the offer(s) submitted in the Order, the Sales Agreement for the Products indicated by Customer Service is not concluded, and the Seller will refund the Customer's payments promptly, and no later than within 14 days, to the extent that the Sales Agreement has not been concluded.
4.12. In addition, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the email address provided by the Customer, by text message or by phone.
4.13. The Seller endeavors to ensure the availability of all Products and the performance of the Sales Agreement. If performance is impossible in extraordinary or unforeseen situations, or in other situations specified by law, the relevant provisions of the Polish Civil Code may apply, including Art. 493-495 of the Civil Code, in particular those concerning the obligation to promptly refund the Consumer.
4.14. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may, for a period of its choosing, set a minimum Order value above which shipping of Products is free. The Customer is informed of the total price of the Product including taxes, as well as delivery costs and other costs, and, where these charges cannot be calculated in advance, of the obligation to pay them, before placing the Order and before concluding the Sales Agreement.
4.15. Promotional Campaigns in effect in the Online Store cannot be combined, unless the terms of the Promotion expressly provide otherwise.
4.16. Discounts and reductions
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The Seller may offer Customers various forms of discounts and reductions, including:
- a discount for subscribing to the Newsletter (up to 5%);
- discounts for abandoned carts as part of automated marketing campaigns (up to 7%);
- discount codes provided by partner influencers (usually 10%);
- limited-time special campaigns (e.g. Black Week) with discounts of up to 20%.
- the detailed terms of individual discounts and reductions are set out in the relevant Promotional Campaign Terms or marketing communications;
- discounts and reductions cannot be combined, unless the terms of a specific promotion expressly provide otherwise. Where several discounts could apply, the highest discount will be applied automatically;
4.17. Terms for purchasing a set/multipack:
- by purchasing a set/multipack, the Customer agrees to buy all products included in it at the promotional price offered;
- the promotional price of a set/multipack applies only when the full set of products is purchased;
- sets/multipacks cannot be combined with other promotions, special offers or discount codes available in the store.
5. PAYMENT METHODS AND DEADLINES
We're flexible: our Store offers a range of payment methods. See how you can pay for your Order.
5.1. The Seller offers the Customer various methods of paying for the Order through trusted payment intermediaries:
- electronic payments (e.g. AutoPay, Przelewy24, BLIK, PayPal);
- card payments: Visa and MasterCard;
- deferred payments (PayPo);
- deferred payments (KLARNA);
- cash on delivery.
5.2. Online card payments are processed by Autopay S.A. / PayPro S.A.
5.3. The currently available payment methods are specified in the Online Store and presented before the Customer places an Order and before the Sales Agreement is concluded. The available payment methods may depend on the delivery method chosen by the Customer or on the characteristics of the Product. The available payment methods may change if several Orders are placed at the same time, in particular due to the Products they include.
5.4. If the Seller does not receive the Customer's payment, Customer Service may contact the Customer to remind them about the payment and the abandoned cart, including by email (transactional email). If payment is not made within 2 days of placing the Order, and then within an additional 2-day period, the offer submitted by the Customer in the Order will not be accepted. Until they receive notice that the Order has been shipped, the Customer may also cancel it without any consequences by contacting the Seller through Customer Service, which does not affect their right to withdraw from the agreement.
6. DELIVERY COSTS, METHODS AND TIMES
Delivery is a key part of fulfilling your Order. We do our best to get your product to you as quickly as possible.
6.1. The Product is delivered by an external company, i.e. a postal operator (e.g. a courier company or a pickup point operator), chosen by the Customer when placing the Order.
- Products are shipped from the Seller's warehouse at: OMNIPACK Sp. z o.o., ul. Aleja Katowicka 66, bud. DC04 rampa 40, 05-830 Nadarzyn, Poland.
6.2. Delivery of the Product to the Customer is subject to a charge, unless the Customer has placed an Order with free delivery, having met the free delivery criteria, or during a free delivery Promotional Campaign. The current delivery costs are shown to the Customer before they place an Order and conclude the Sales Agreement.
6.3. The available delivery methods may depend on the payment method chosen by the Customer or on the characteristics of the Product. The available delivery methods may change if several Orders are placed at the same time, in particular due to the Products they include.
6.4. We usually ship within 24 hours of the Order being confirmed. The total delivery time of the ordered Product consists of:
- the time the Seller needs to prepare the order for shipping (up to 3 business days from the date the Seller confirms the Order). If several Products are ordered, the Order will be handed over for delivery once the Product with the longest preparation time is ready;
- and the time it takes the chosen courier company or other postal operator to deliver the Product. The shipping time of the courier company or postal operator is shown when the Order is placed and depends on the type of Product ordered and on the delivery times of the given courier company or other postal operator.
6.5. In exceptional circumstances, the delivery time may be extended, and the Seller will inform Customers of this (e.g. during sales, the holiday season, or unforeseen circumstances such as the outbreak of a pandemic).
6.6. If the time needed to prepare the Order or deliver the Product is extended, the Seller reserves the right to contact the Customer to inform them of the reason for the delay and the new expected delivery date.
6.7. The shipping time of an order may be longer for Products that require personalization to the Customer's order. The Customer will be informed of the shipping time on the Product Page or when placing the Order.
6.8. When receiving a package containing the Product from the courier or postal operator, the Customer should, where possible, check with the carrier that the Product has been delivered complete and undamaged. If the Product has been damaged by the carrier, a damage report should be drawn up and the Seller informed.
6.9. Detailed information on delivery times and costs for all available shipping options, including international delivery, is available at: DELIVERY OPTIONS. Packages leave our warehouse within 24 hours on business days at the latest. Delivery times vary depending on the destination country. Standard international delivery takes a few business days.
6.10. Courier companies, postal operators and companies operating Pickup Points have their own rules on how the delivery service is provided (including any complaints about delivery, the time and method of reporting damage to a package and other important matters). Detailed information is available on the websites of the delivery companies. Please read these terms before choosing a delivery method.
7. Reviews posted in the online store
Like many other e-commerce businesses, our Store collects reviews of its Products. We aim to make this process as transparent as possible, because we value honest reviews. In this part of the Terms and Conditions, we explain the rules that apply in our Store to posting reviews and comments.
7.1. All Customer reviews of Products purchased in the Online Store are verified. The Online Store collects reviews only from people who have actually made a purchase.
7.2. After receiving the ordered Products, the Customer may be asked to voluntarily add a review of the purchased Product.
7.3. The Customer can add a review of Products:
- using a dedicated link for posting a Review (sent by the Seller or by an external company acting on the Seller's behalf).
7.4. By filling in the review form, the Customer consents to the publication of the subjective content it contains about the purchased Product and to the disclosure of personal data to the extent necessary to post the review. Depending on the review mechanism used, the Customer may be asked to leave a comment, give a star rating (e.g. from 1 to 5) or indicate their level of satisfaction or dissatisfaction with the Product.
7.5. Reviews posted in the Online Store are not sponsored in any way, and their content has no effect on the terms of future agreements concluded with the Seller.
7.6. The Online Store publishes all reviews, both positive and negative, as long as their content does not violate the Terms and Conditions or applicable law.
7.7. Reviews posted in the Online Store are verified to confirm that they were written by Customers who actually purchased the Product. This verification is carried out by comparing the details of the Customers who purchased the reviewed products with the details of the people posting the reviews:
- For Customers who receive an email asking them to leave a review, we guarantee that such emails are sent only to people who have made a purchase and received the Product.
8. PRODUCT COMPLAINTS
We take great care in how our products are made. However, if you have any concerns about a product you have purchased, here's how to file a complaint with us quickly and easily.
8.1. A Customer who is a Consumer or a Sole Trader with Consumer Rights is entitled to file a complaint about a purchased Product.
8.2. The Seller is responsible for the conformity of the performance with the agreement; in particular, it is obliged to deliver to the Customer a Product that is free of defects and in conformity with the Sales Agreement concluded. The Seller is not liable for a lack of conformity of the Product with the Agreement to the extent specified in Art. 43b(2) or (3) of the Consumer Rights Act if the Consumer was expressly informed that a specific characteristic of the Product deviates from the conformity requirements and, no later than at the time of concluding the Sales Agreement, expressly and separately accepted this characteristic.
8.3. The Seller is liable for any lack of conformity of the Product with the Agreement that existed at the time of delivery to the Consumer and became apparent within 2 years of that time, unless the Product's shelf life is longer.
8.4. The Customer may file a complaint in any form. We encourage you to file complaints using the means of communication listed in section 1.3 of the Terms and Conditions.
8.5. If the Product is not in conformity with the Agreement, a Customer who is a Consumer or a Sole Trader with Consumer Rights has the rights set out in Chapter 5A of the Consumer Rights Act (hereinafter: lack of conformity of goods with the agreement).
8.6. If the goods are not in conformity with the agreement, the Consumer may request:
- their repair
- or replacement.
The Seller may replace the goods when the Consumer requests repair, or repair them when the Consumer requests replacement, if bringing the goods into conformity with the agreement in the manner chosen by the Consumer:
- is impossible
- or would involve excessive costs for the Seller.
If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the agreement.
The Seller will repair or replace the goods at its own expense within a reasonable time after being informed by the Consumer of the lack of conformity. The Consumer must make the goods to be repaired or replaced available to the Seller. The Seller collects the goods at its own expense.
8.7. The Consumer is also entitled to declare a price reduction or withdrawal from the Sales Agreement if:
- the Seller refuses to bring the goods into conformity with the agreement;
- the Seller fails to bring the goods into conformity with the agreement;
- the lack of conformity persists even though the Seller has tried to bring the goods into conformity with the agreement;
- the lack of conformity is so significant that it justifies a price reduction or withdrawal from the agreement without first requesting repair or replacement of the goods;
- it is clear from the Seller's statement or the 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.
8.8. If the Consumer declares a price reduction, the amounts due as a result will be refunded to the Customer no later than 14 days from the date the Seller receives the Customer's price reduction declaration. The refund will be made using the same payment method the Customer used to pay for the goods, unless the Customer expressly agrees to a different refund method.
8.9. If the Consumer exercises the right to withdraw from the agreement in the situations referred to in Art. 43e(1) of the Consumer Rights Act, the Customer will return the goods to the Seller without undue delay. All costs of returning the goods in the circumstances described in the previous sentence are borne by the Seller. The Seller will refund the purchase price within 14 days of receiving the goods or proof that they have been sent back.
8.10. The Seller is liable for any lack of conformity of the goods with the agreement that existed at the time of delivery and became apparent within 2 years of that time. The Customer's claims for lack of conformity of the goods with the agreement become time-barred 6 years after the lack of conformity became apparent. The limitation period ends on the last day of the calendar year.
8.11. We recommend that the Customer include in the complaint description:
- information and circumstances concerning the subject of the complaint, in particular the type of defect and the date it occurred; (2) the requested way of bringing the Product into conformity with the Sales Agreement, or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person filing the complaint (first and last name, mailing address, phone number, email address). This will make it easier and faster for the Seller to handle the complaint. These requirements are recommendations only and do not affect the validity of complaints filed without the recommended description.
8.12. The Seller will respond to the Customer's complaint without undue delay, and no later than within 14 days of receiving it. Otherwise, the complaint is deemed to have been accepted by the Seller.
8.13. The products sold are new and fit for their intended use. YZEE Sp. z o.o. is responsible for the conformity of the goods with the agreement.
9. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND ACCESS TO THEM
We believe that if we disagree with a Customer, it's worth talking and working toward an amicable agreement. See how we can resolve a dispute.
9.1. The use of out-of-court complaint and redress procedures is voluntary. The provisions below are for information only and do not oblige the Seller to use out-of-court dispute resolution. If a dispute has not been resolved following a complaint filed by the Consumer, the Seller will state on paper or another durable medium whether it agrees or refuses to take part in out-of-court consumer dispute resolution proceedings.
9.2. The rules for out-of-court consumer dispute resolution proceedings and the obligations of businesses in this respect are set out separately in the law (in particular in the Polish Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes) or in the rules applied by the relevant consumer dispute resolution bodies. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court complaint and redress procedures, and the rules for accessing them, may be available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Trade Inspection, and in particular at the following website of the Office of Competition and Consumer Protection (UOKiK): https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps a public register of entities authorized to conduct out-of-court consumer dispute resolution proceedings.
9.3. A Customer who is a Consumer has, for example, the following options for using out-of-court complaint and redress procedures:
- The Customer may apply to a permanent consumer arbitration court referred to in Art. 37 of the Polish Act of 15 December 2000 on Trade Inspection to resolve a dispute arising from the Sales Agreement.
- The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, including from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. the Consumer Federation or the Association of Polish Consumers).
- At http://ec.europa.eu/consumers/odr, the European Commission provides a platform for resolving consumer disputes online. The Seller does not currently participate in this voluntary alternative dispute resolution procedure.
10. RIGHT OF WITHDRAWAL (RETURNS)
We know that consumers sometimes want to exercise their statutory right to return a purchase, and we completely understand. Here's how you can quickly and easily withdraw from a distance agreement with us.
10.1. A Customer who is a Consumer and has concluded a distance or off-premises agreement may withdraw from it without giving any reason and without incurring any costs other than those provided for by law, within 14 days of taking possession of the purchased Product. The provisions of this section also apply to a Sole Trader with Consumer Rights who declares that they are exercising the right of withdrawal under the Polish Consumer Rights Act of 30 May 2014, because they concluded an agreement directly related to their business activity that is not of a professional nature for them.
10.2. To meet the deadline, it is sufficient for the Consumer or Sole Trader with Consumer Rights to send their declaration to the Seller before the deadline expires. The Consumer or Sole Trader with Consumer Rights may submit any unequivocal statement informing of their withdrawal from the Sales Agreement.
10.3. The declaration of withdrawal from the Sales Agreement may be submitted using the withdrawal form, a template of which is available below the Terms and Conditions. The declaration of withdrawal from the Agreement may be submitted in any form to the details given in section 1.3 of the Terms and Conditions or via the dedicated email address: sklep@ainsinpl.com, however, using the form will help us handle your request faster.
10.4. The Consumer and the Sole Trader with Consumer Rights bear the cost of returning the Product themselves (the cost of return shipping from the Consumer to the Seller).
10.5. The withdrawal period begins on the day the Consumer, the Sole Trader with Consumer Rights, or a third party other than the carrier indicated by them (a proxy) takes possession of the products, and in the case of a Sales Agreement covering multiple products delivered separately, in batches or in parts, from the day they take possession of the last product, batch or part.
10.6. The Consumer and the Sole Trader with Consumer Rights must return the product to the Seller without undue delay, and no later than within 14 days of the day they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the product back before the deadline expires. The Consumer may return the product to the following address: ANSIN ZWROT, OMNIPACK Sp. z o.o., ul. Aleja Katowicka 66, bud. DC04 rampa 40, 05-830 Nadarzyn, Poland.
10.7. The Consumer and the Sole Trader with Consumer Rights should pack the returned product so that it is not damaged in transit.
10.8. In the event of an effective withdrawal from a distance agreement, the agreement is deemed not to have been concluded.
10.9. The Seller must, without undue delay and no later than within 14 days of receiving the declaration of withdrawal from the Consumer or Sole Trader with Consumer Rights, refund to the Consumer all payments made, including the cost of delivering the product (except for additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller may withhold the refund until it has received the returned goods or proof that the package has been sent, whichever occurs first.
10.10. If the Consumer or Sole Trader with Consumer Rights exercises the statutory right of withdrawal, the Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not involve any costs for them.
10.11. If the Consumer or Sole Trader with Consumer Rights exercises the statutory right of withdrawal, they are liable for any reduction in the value of the product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning, from improper care of the product, or from improper packaging of the product when sending it back to the Seller. The liability of the Consumer or Sole Trader with Consumer Rights may include, in particular, the product being unfit for resale as a full-value product, the cost of reattaching tags and security elements to the product, and the cost of restoring the Product to a condition in which it can be resold in the Online Store, including the cost of having the product examined by a specialist and the cost of repairing defects identified as a result of such examination (to the extent that these defects result from the Consumer handling the product beyond what is necessary to establish its nature, characteristics and functioning).
10.12. The Consumer may return the product in packaging other than the original, provided that the replacement packaging adequately protects the product during transport. A cardboard box or a poly mailer bag counts as packaging. All other accessories included with the product are treated as part of one purchased product and must be returned together with the product.
10.13. The statutory right of withdrawal does not apply to the Consumer or the Sole Trader with Consumer Rights in the following circumstances:
- if the 14-day period for informing the Seller of the intention to withdraw from the sales agreement has been exceeded;
- in the situations referred to in Art. 38 of the Consumer Rights Act.
10.14. Terms for returning or exchanging a set/multipack:
- if one or more products from a Set/Multipack are returned, the discount no longer applies;
- the remaining products from the set will be treated as purchased at the standard price, without a discount;
- the difference between the promotional price and the standard price will be deducted from the amount refunded to the Customer.
11. INTELLECTUAL PROPERTY RIGHTS
In this part, we set out which intellectual property rights we protect on our website and which rules you must follow.
11.1. All rights to the Online Store, in particular the economic copyrights and intellectual property rights to its name, internet domain, forms, legal documents, logos, trademarks, text, graphics, photos and other content posted by the Seller, belong to the Seller, and they may be used only in accordance with the Terms and Conditions.
11.2. Copying, reproducing, modifying, duplicating or distributing any part of the Online Store, the Service or its elements without the Seller's prior written consent is prohibited, except where expressly permitted by applicable law and these Terms and Conditions. The Seller may take steps, including legal action, to protect its own interests and those of the Online Store's Customers.
11.3. The rights to use, copy and distribute data available on the website are governed by the Polish Act on Copyright and Related Rights.
11.4. Data from the Online Store may be used for commercial purposes only after notifying the Seller and obtaining its written consent.
12. PERSONAL DATA PROTECTION
See how we take care of your personal data.
12.1. The rules for the protection of personal data are set out in the "Privacy Policy".
12.2. The rules for using cookies on the Website are set out in the "Cookie Policy".
13. PROVISIONS FOR CUSTOMERS WHO ARE NOT CONSUMERS
If you shop in our store but are not a consumer, this part of the Terms and Conditions is for you.
13.1. This section of the Terms and Conditions and the provisions it contains apply only to Customers who are neither Consumers nor Sole Traders with Consumer Rights.
13.2. When the Seller hands the Product over to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product pass to the Customer who is not a Consumer. In such a case, the Seller is not liable for loss, shortage or damage to the Product occurring from its acceptance for carriage until its delivery to the Customer, or for any delay in the carriage of the package.
13.3. In accordance with Art. 558 § 1 of the Polish Civil Code, the Seller's liability under the statutory warranty for the Product toward a Customer who is not a Consumer is excluded.
13.4. Neither the Seller nor its employees, authorized representatives or proxies are liable to the Customer, its subcontractors, employees, authorized representatives and/or proxies for any damage, including loss of profits, unless the damage was caused by them intentionally.
13.5. In any case where liability of the Seller, its employees, authorized representatives and/or proxies is established, such liability toward a Customer who is not a Consumer, regardless of its legal basis, is limited, both for a single claim and for all claims in total, to the amount of the Price paid and the delivery costs under the last Sales Agreement, and covers only actual damage incurred.
13.6. Any disputes arising between the Seller and a Customer who is not a Consumer will be submitted to the court having jurisdiction over the Seller's registered office.
13.7. With regard to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time in accordance with generally applicable law.
14. FINAL PROVISIONS
14.1. The Terms and Conditions version 4.0 came into force on 15 February 2024.
14.2. The Terms and Conditions are available in Polish.
14.3. Matters not covered by these Terms and Conditions are governed by generally applicable law.
14.4. Unless mandatory provisions of law provide otherwise, Polish law governs the resolution of all disputes arising under these Terms and Conditions.
14.5. Where the mandatory laws of the country of the Customer's habitual residence provide more favorable terms for the Customer than Polish law and these Terms and Conditions, the laws of the country of the Customer's habitual residence apply.
14.6. The content of these Terms and Conditions may change. The Online Store will announce any changes by posting information on the Online Store website and, for Users subscribed to the Newsletter or holding an active Customer Account, by email.
Previous versions of the Terms and Conditions:
Terms and Conditions 1.0, effective until 17.02.2023
Terms and Conditions 2.0, effective until 15.07.2023
Terms and Conditions 3.0, effective until 14.02.2024
Links to forms: