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Terms and Conditions

Yestersen is an online vintage design cabinet. We carefully select each product available on the website as well as the boutiques responsible for their acquisition, renovation, shipping and possible returns. We serve as an intermediary in purchases, ensuring that the orders are fulfilled or the money is returned.

Below you will find the terms and conditions of yestersen. Should it be unclear to you, please contact us at hello@yestersen.com and we will try to help.

1. General provisions

  1. The website (defined in para. 2 of the Terms and Conditions) available at the URL https://www.yestersen.com is owned and administrated by yestersen sp. z.o.o. (hereinafter referred to as "yestersen") with its registered office in Warsaw (02-534), ul. Juliana Fałata 6/20, NIP number: 5252628054, REGON number: 362421801, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000573487, with a share capital of PLN 12 650, email: hello@yestersen.com.
  2. The Website enables the Users (defined in para. 2 of the Terms and Conditions) to enter into a sale agreement concerning commodities (hereinafter referred to as Items and defined in para. 2 of the Terms and Conditions) with the Sellers (defined in section 2 of the Terms and conditions).

2. Definitions

In these Terms and Conditions:

  • Item Price means the gross price proposed by the Seller for an Item in the Offer.
  • Total Price means the sum of Item Price and shipping costs of an Item under an option selected by the Buyer.
  • Carrier means an entity with which the Seller or yestersen cooperate in terms of delivering the Item specified in the Order by the Buyer.
  • User Account means a panel called the User Panel, individual to each User, created and managed on their behalf by yestersen upon User's registration on the Website.
  • Seller Account means a panel called the Seller Panel, individual to each Seller, created and managed on their behalf by yestersen upon Seller's application on the Website and a positive verification thereof.
  • Buyer Country means the country to which the ordered Items shall be sent.
  • Seller Country means the country from which the ordered Items shall be sent.
  • Buyer means any User (consumer or entrepreneur) who undertakes activities towards a purchase or has already made a Purchase on the Website.
  • Payout means the Item Price reduced by yestersen's commission and increased by shipping costs, payable to the Seller by yestersen for each paid Transaction.
  • Offer means each offer of Item sale submitted to the Website by the Seller.
  • Item means any unit of a commodity which is the subject of the Offer.
  • Website means the website created, developed and used by yestersen, available at the URL https://www.yestersen.com and its subpages.
  • Seller means a User who is authorised to submit Offers to the Website.
  • Item Condition describes the degree of wear of an Item, indicated by the Seller as one of the following:
    • New Old Stock: Unused item, manufactured before 2000
    • New: Used item, currently produced
    • Refurbished: Used item, post refurbishment
    • Perfect: Used item with no noticeable signs of wear
    • Very good: Used item with minimal signs of wear
    • Good: Used item with some signs of wear
    • Worn: Used item with noticeable signs of wear, still functional
  • Transaction means each attempt to purchase an Item by a Buyer by adding it to the cart and initiating the payment process.
  • Terms and Conditions means this document, defining the terms and rules of use of the Website in accordance with the Act on Providing Services by Electronic means. The Terms and Conditions together with the relevant laws and regulations regulate exclusively and exhaustively the type and scope of services provided, the complaint procedure and the responsibilities related to the use of the Website.
  • User means all entities registered on the Website as a Seller or a Buyer.
  • Purchase means a paid Transaction which results in the conclusion of a sale agreement between the Seller and the Buyer. A Purchase is made online in the form of a distance contract.
  • Order means one or more Transactions for which the Buyer intends to pay.

3. Registration

  1. The User is required to register on the Website to receive a User Account allowing them to use all functions of the Website.
  2. A User may be an adult natural person, legal person or organisational unit without legal personality. Minors may use the Website only on the condition that the User Account is registered on their behalf by their parent or legal guardian.
  3. In order to register on the Website, the User is required to possess a device with Internet access and an active email account.
  4. Registration on the Website takes place:
    1. By completing the registration form available on the Website by the User or by registration with Facebook.
    2. Automatically after the completion of shipping details on the ”Checkout” page upon placing the first Order, or
    3. By completing the Seller application form available on the website by the User.
  5. Providing data for registration is voluntary. However, failure to provide the data marked as required on the registration form will prevent the registration.
  6. In case of any form of registration, after its successful completion, the user shall receive an automatically generated email from yestersen to the email address indicated by the user.
  7. Registration on the Website and use of the Website are tantamount to the acceptance of the Terms and Conditions.
  8. By registering, the User declares and guarantees yestersen that any data provided by the same are true, and in case of a change in these data, they undertake to immediately update them via the User Account.
  9. By registering, the User undertakes to maintain the confidentiality of the password which allows access to their User Account.
  10. yestersen shall not be liable for any damage caused by an unauthorised person accessing the User Account unless the damage resulted from yestersen's willful misconduct.
  11. By registering, the User agrees to the processing of their personal data by yestersen for the purpose of keeping sales and order fulfilment records in accordance with the 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, national regulations on the protection of personal data and the adopted Privacy Policy.
  12. By registering the User agrees to receive system notifications which do not constitute commercial information on their email address. .
  13. Upon registration, the User may separately agree to receive commercial offers from yestersen and trusted trade partners.
  14. yestersen may refuse the User to create or manage a User Account without stating a reason. In such case, data provided during registration shall be deleted and shall not be processed by yestersen. Such a refusal may occur in particular if:
    1. yestersen has doubt as to the veracity of data provided by the User.
    2. The User has violated the rules of using the Website, the provisions of the Terms and Conditions or good morals.
    3. The login or the brand or logo provided by the User are of a kind that violates the law, the provisions of the Terms and Conditions, the rights of third parties or good morals.
    4. Technical reasons render yestersen unable to manage the User Account.
    5. The User has breached the provisions of any agreements concluded directly with yestersen.
  15. It is prohibited to publish on the Website any offensive, vulgar and pornographic content as well as any content which is untrue, in violation of good morals and/or applicable law.
  16. The Users are forbidden to provide each other with any information which would encourage direct contact, such as an email address, a phone number, a website address.

4. Terms and conditions of shopping

  1. Placing Orders
    1. Orders are placed by the User by adding an Item to the cart and then confirming the delivery address and billing information on the “Checkout” page as well as initiating a payment for the Order by clicking the "Pay & Buy" button. The Order is placed at this point.
    2. The User will not be able to place an Order until they enter the personal data necessary to fulfill the order (first name, last name, street name and number, postal code, city, country, email address, phone number) in the form available on the “Checkout” page that contains information about the Order being placed.
    3. Once an Order is paid for by the Buyer, a Purchase is made and each Transaction comprising the Order receives a "Paid" status. .
    4. yestersen immediately informs the Buyer about every Purchase made by the Buyer.
    5. yestersen immediately informs the Seller about every paid transaction relevant to the Buyer.
    6. The sale agreement is concluded in Polish, Spanish or English, for Buyers resident in Poland, Spain or outside the two aforementioned countries respectively.
    7. The Buyer is obliged to make the Purchase in a carefully considered manner with full awareness of its consequences.
    8. The Buyer is forbidden to encourage the Seller to sell the Item outside the Website.
    9. The Buyer may purchase a Gift Card issued by yestersen without simultaneously purchasing any Item. In such case, in terms related to such a Gift Card, the agreement between the Buyer and yestersen shall appropriately apply the provisions of the Website Terms and Conditions concerning the Sale Agreement. Detailed rules of purchasing and using the Gift Cards are included in the Rules for Gift Cards and Discount Cards.
  2. Payment methods
    1. Prepayment is the only available form of payment for a placed Order.
    2. Prepayments can be made online via the DotPay transaction platform or bank transfer to yestersen's bank account with yestersen's prior consent.
    3. The terms and conditions of the aforementioned transaction platforms are available on their websites.
  3. Item Prices
    1. Prices of Items available for purchase are unclassified and publicly disclosed information.
    2. Item Prices are provided in Polish zlotys or euros, depending on the Buyer Country.
    3. Item Prices may be reduced if the Seller decides to make a price reduction.
    4. The final binding price is the Item Price disclosed on the Website at the moment of commencement of the Transaction by the User.
  4. Shipping costs
    1. Shipping costs are determined by the Seller separately for each Buyer Country and unit of the Item at the time of placing the Offer.
    2. If the Seller has not determined the shipping costs for a Buyer Country, the Buyer may contact the Seller through the Website to calculate the costs. Acceptance of the calculated costs by the Buyer shall result in the costs being charged upon the placement of the Order in accordance with 4.4.4
    3. Shipping costs are covered by the Buyer.
    4. Shipping costs, in the form of parcel delivery, mail or any other transport service, are charged automatically upon adding an Item to the cart, separately for each Item.
    5. When ordering two or more Items from the same Seller, the Buyer pays full shipping costs for all Items.
  5. Shipment delivery
    1. Items presented in the Offer are owned by the Seller until the shipment is received by the Buyer.
    2. Items from as single Seller may be dispatched in separate consignments.
    3. Orders containing items from more than one Seller may be dispatched in separate consignments.
    4. Shipments with Items ordered are dispatched by the Seller via the Carrier to the address indicated by the Buyer.
    5. In the event that an Item must be collected personally by the Buyer with the prior consent of yestersen, the Buyer is notified by telephone by the Seller or yestersen on the available place and time of collection.
    6. Changing the shipping address by the Buyer in the User Panel will not modify the shipping address for Orders placed before making this change. Items in such Orders will be dispatched to the address provided at the time of its placement.
    7. Changes to the shipping address for already placed Orders may be made only by contacting yestersen.
    8. Following the entry of the payment into the accounts, yestersen instructs the Seller to ship the Item. From that moment onwards, the Seller shall dispatch the purchased Item no later than on the date indicated in the Offer.
    9. The time of shipment may be extended at the request of the Buyer.
  6. Transaction cancellation
    1. In justified cases, yestersen reserves the right to cancel a Transaction within one working day of its payment by the Buyer. A justified case shall be understood in particular as: a sales system error easily noticeable for the Buyer (e.g. blatantly undervalued Item Price), lack of availability of or damage to the purchased Item.
    2. If a Transaction is cancelled by yestersen, a refund shall be made immediately and no later than within two business days of order cancellation.
    3. yestersen undertakes to inform the Buyer about a Transaction cancellation immediately after the cancellation.

5. Terms of sale

  1. Seller Status
    1. Access to the Seller Pannel is granted to a User by yestersen, following the acceptance of User's application for the status of Seller.
    2. Sending a Seller application results in registration on the Website.
    3. The status of Seller is granted to a User at yestersen's discretion based on the information included by the User in the application.
    4. To apply for Seller status, the User must fill in a form available on the Website according to the following rules:
      1. The User must be an entrepreneur, understood as a natural person, legal person or organisational unit without legal personality whose legal capacity is granted by the law, performing a commercial or professional activity in its own name;
      2. the User must fill in all fields marked as required in the form;
      3. the User shall be responsible for the veracity of information entered into the form.
    5. Once the completed application form is sent and verified positively by yestersen, the User is granted access to a Seller account. Once granted access to the Seller Panel, the User shall complete all data required in the Seller Panel upon their first login onto the Seller Panel.
    6. yestersen reserves the right to refuse to grant a User access to a Seller Account without stating a reason.
    7. The Seller agrees that the provisions of the Terms and Conditions are the only applicable provisions for Transactions performed via the Website.
    8. Sellers are prohibited from posting on the Website any links to other websites or any information of commercial or contact nature other than the Offer.
    9. yestersen reserves the right to terminate or restrict User's access to the Seller Panel without stating a reason, especially if their Offers or actions have a negative impact on the image of the Website.
  2. Items
    1. Items are placed on the Website by the Seller in the form of an Offer for an indefinite period.
    2. The Seller declares that he is the author or has the right to use the photographies and descriptions of Offers submitted by him to the Website.
    3. In order to place an Offer on the Website, the Seller creates an Offer via the Seller Account. yestersen verifies the Offer as soon as possible. Verification involves: the assessment of the Offer's compliance with the provisions of the Terms and Conditions and the criteria of quality, aesthetics and inventory.
    4. When placing an Offer on the Website, the Seller is obliged to post photographs of the Item and provide details in the product specifications section according to the instructions included in the Offer creation form.
    5. The Seller is forbidden to include in the Offers any information what would aim to encourage the Users to direct contact, such as an email address, a website address, a phone number, etc.
    6. The Seller is forbidden to include any false information in the Offer, in particular regarding the attribution, age, origin or any other signs of authenticity of the Item.
    7. yestersen reserves the right to verify an Offer negatively without stating a reason.
    8. In case of positive verification, an Offer is moderated, then published and presented to the Users via the Website as soon as possible.
    9. With respect to the moderation of an Offer, yestersen reserves the right to modify the elements of an Offer in terms of naming cohesion, content validity, Item categorisation, choice of the main image and other activities deemed appropriate by yestersen.
    10. In case of negative verification, the Offer will not be published nor presented to the Users.
    11. The Seller declares that they are in possession of the items included in their Offers.
    12. If the Seller also offers an Item for sale outside the Website, they are obliged to update their Offer on an ongoing basis so that it reflects the actual availability of units of the Item. This concerns in particular an immediate withdrawal of units of the Item sold outside the Website.
    13. In the event that the Seller fails to fulfil this obligation and the Buyer purchases an unavailable item whose offer has not been withdrawn, yestersen reserves the right to retain the transaction fee in respect of the incurred operating and image costs.
    14. By offering an Item for sale also outside the Website, the Seller agrees that the Item Price on the Website shall not be higher than the corresponding price outside the Website. This rule also applies to the asking price in the case of Items offered on auction platforms.
    15. Failure by the Seller to fulfil the obligation defined in para. 5, sec. 2, item 14 may result in the removal of the Offer from the Website by yestersen or automatic reduction of the Item Price on the Website by yestersen to the lowest price offered by the Seller outside the Website. Repeated non-compliance by the Seller to the obligation defined in para. 5, sec. 2, item 14 may result in the withdrawal of their access to the Seller Panel by yestersen.
    16. After the publication of an Offer, the Seller may modify it using the Seller Panel within the scope defined by yestersen and/or temporarily or permanently withdraw selected units of the Item from sale.
    17. After the publication of the Offer, yestersen may, with the consent of the Seller, temporarily withdraw selected units of the Item from sale due to a reservation.
    18. The Seller agrees for the content of their Offers to be used by yestersen for promotional purposes within the Website as well as in other media (including the Internet, the press, television, outdoor, and others).
    19. Upon placing an Offer on the Website, the Seller determines the Item Price and shipping costs to countries selected by the Seller.
    20. yestersen reserves the right to withdraw or suspend the Seller's Offers from sale at any time for any reason, particularly if they have a negative impact on the image of the Website.
    21. The Seller is prohibited from encouraging, in any form, the Buyer to make the Purchase outside the Website.
    22. Offers displayed on the Website banners are selected by yestersen.
    23. Offers presented in the Newsletter are selected by yestersen.
  3. Order fulfilment
    1. After the purchase, yestersen shall instruct the Seller to transfer the ordered Item to the Buyer.
    2. From the date specified in para. 5, sec. 3, item 1, the Seller shall provide the Item independently or dispatch it via a Carrier to the address indicated by the Buyer within a period specified in the offer or another date determined between the Seller and the Buyer.
    3. The Item remains in Seller's possession until shipped or independently delivered by the Seller.
    4. The date of shipment may be extended at the explicit request of the Buyer, or if the Seller has entered information on the Website concerning a leave covering this period.
    5. In the event of circumstances which may delay the fulfilment of the order, the Seller is obliged to immediately inform the Buyer and yestersen via e-mail or the Seller Panel.
    6. When preparing Items for shipment, the Seller agrees to properly secure them so that they reach the Seller in a condition reflecting the description in the Offer.
    7. The Seller is forbidden to attach to the shipments any commercial offers of the Seller or any information that would aim to encourage the Buyer to contact the Seller directly, in particular an e-mail address, a phone number or a website address.
    8. The Seller shall retain proof of postage of shipments sent via a Carrier in case of a need to investigate an undelivered shipment.
    9. In the case of personal delivery of the shipment by the Seller, they shall sign and retain the confirmation of delivery.
    10. After sending an Item, the Seller is obligated to confirm the postage in the Seller Panel and provide the Buyer with the tracking number and the contact details of the Carrier.
    11. The Seller is responsible for any damage caused to the Item during transport performed by the Seller or the Carrier, provided that the Buyer documents the damage in the presence of the Carrier in accordance with the rules set out in para. 5, sec. 3, item 12.
    12. The Buyer is obliged to inspect the condition of the delivered Item in the presence of the Carrier. In the event that any damage is noticed, the Buyer shall immediately prepare a shipping damage report in the presence of the Carrier. Lack of the aforementioned protocol provides grounds for the Seller to reject the complaint.
    13. In case of Items returned by the Buyer, the Buyer is responsible for any damage to the Item caused during transport performed directly by the Buyer or via a Carrier, provided that the Seller documents the damage in the presence of the Carrier on terms analogous to those determined in para. 5, sec. 3, item 12.
    14. In the event of a refusal by the Buyer to accept the Item from the Carrier and the resulting return transport, the Seller is responsible for any damage to the Item caused during transport performed by the Carrier.
  4. Communication with Buyers
    1. The Seller is prohibited from encouraging the Buyer to make the Purchase outside the Website.
  5. Commissions and fees
    1. Possessing a User account, making use of the Seller status as well as placing Offers on the Website is free of charge.
    2. yestersen charges a Transaction fee which is agreed upon with the Seller as a percentage of the Item Price.
    3. yestersen shall not charge a fee for the shipping costs of an Item.
    4. yestersen acquires the right to charge a Transaction fee as soon as the Buyer makes a Purchase.
    5. The Transaction fee is charged from the ongoing income from sales.
  6. Settlements
    1. The Seller may keep track of settlements related to sales on their Seller Account.
    2. The funds accumulated by the Seller through Transactions during a given settlement period are ordered to be transferred on the first working day after the lapse of the settlement period accordingly to the balance of the Seller Account defined in 5.6.4.
    3. The funds shall be paid out in the currency used by the Buyer upon Purchase.
    4. The settlement periods are determined by yestersen in agreement with the Seller.
    5. The value of the settlement payable to the Seller (hereinafter referred to as Balance) is the sum of Amounts to Pay for Transactions in a concluded settlement period.
    6. The settlement is subject to potential adjustments in respect of returns, complaints or other events agreed upon with the Seller.
    7. The payment of funds is made by bank transfer to the bank account of the Seller, defined by them in the Seller Account.
    8. yestersen is not responsible for any consequences arising from the lack or incorrect entry of the bank acount number referred to in para. 5, sec. 6, item 6 by the Carrier, and in particular for the resulting lack of the ability to transfer the funds payable to the Seller by yestersen.
    9. yestersen reserves the right to withold the payment of funds for Transactions in which:
      1. The Seller is overdue with the shipment, or
      2. a complaint procedure or refund is pending.
      3. The seller fails to mark the order as shipped within the due date, or fails to submit the bill or invoice for the Transaction.
    10. Withholding the funds defined in 5.6.8 lasts until the Seller fulfils their obligations or otherwise clarifies the issue with yestersen.
  7. Settlements in case of complaints and returns
    1. In case of withdrawal from the purchase by the Buyer in the mode described in 6.1.1., caused by a delay in the shipment of the Item by the Seller, yestersen reserves the right to retain the Transaction fee.
  8. VAT invoices
    1. After the end of each month, yestersen provides the Seller with an invoice for the total fee charged for Transactions in a given month, taking into account any adjustments.
    2. Regulation of the Minister of Finance of 17 December 2010 on the transmission of electronic invoices, rules of storing them and the procedures for making these invoices available to the tax authority or inspection authority (Journal of Laws no. 249, item 1661), invoices are only available electronically, in PDF format, and sent to the email address of the Seller or available for download via the Seller Panel.
    3. Potential corrections to the invoices will be sent by yestersen to the email address of the Seller.

6. Returns and complaints

  1. Returns
    1. In accordance with the Act of 30 may 2014 on Consumer Rights (Journal of Laws of 2014, item 827), the Buyer, being a consumer, may withdraw from the Purchase no later than within 14 days of the date of receiving the Item without stating a reason and at no cost, except for the cost of return shipping specified in para. 6 sec. 1 item. 7.
    2. The Buyer specified above may withdraw from the purchase and sale agreement and return the Item by completing the return form available on the User Account.
    3. In accordance with Article 38 of the Act of 30 may 2014 on Consumer Rights (Journal of Laws of 2014, item 827), non-prefabricated Items, produced according to the specifications of the consumer or serving to satisfy their individual needs (e.g. the materials, size, colour, etc. were changed), are not subject to return.
    4. The returned Item shall be shipped intact, bearing no traces of use by the Buyer in a manner other than that necessary to determine the nature, properties and functions of the Item.
    5. The Buyer is obliged to ship the returned Item to the address of the Seller no later than 14 days from the date of withdrawal from the purchase.
    6. The Buyer shall bear the costs of returning the Item.
    7. The Buyer shall be refunded the amount paid (the Item Price and the costs of shipping to the Buyer) for the returned item.
    8. Unless decided otherwise by the Seller and Buyer in consultation with yestersen, the money shall be returned to the Buyer's account by yestersen, no later than within 14 days of the day of confirmation by the Seller that they have received the item without reservations.
    9. If the Buyer chose a different method of Item delivery from the cheapest normal mode of delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Buyer.
    10. yestersen may withhold the return of payments received from the Buyer until the Item is received by the Seller or the Buyer provides proof of postage, depending on which event occurs first.
    11. In the event that a return for a Transaction is submitted after the funds for the Transaction are paid, the Payout for the returned Item is deducted from the Seller's Balance upon successful completion of the return.
    12. Transaction fees for Purchases from which the Buyer withdrew in accordance with the conditions determined in para. 6 sec. 1 item. 1, with the exception of events included in the Terms and Conditions, are reimbursed to the Seller.
    13. The reimbursement of fees as determined in 6.1.12 occurs in the settlement period in which the return was completed.
  2. Exchanges
    1. It is not possible to exchange the items offered on the Website unless the Seller and yestersen jointly decide otherwise. In such case, the exchange procedure is determined together by the Seller and the Buyer in consultation with yestersen.
  3. Complaints
    1. Complaints are investigated by the Sellers, however in case of disputes, yestersen reserves the right to intervene as an arbitrator to determine whether the complaint is well-founded. In the event of any disputes between the Seller and the Buyer, the Buyer shall document the identified defects, incongruence, damage or other reasons for a complaint against an Item.
    2. The Buyer may lodge a complaint against an Item which proved to be defective or inconsistent with the Offer, demanding a free repair or discount, or withdrawing from the Purchase. Due to the used condition of the offered Items, the complaint procedure is applicable only to defects otherwise not disclosed in the Item Offer.
    3. In order to lodge a complaint against an Item, the Buyer sends a complaint report by completing the complaint form available in the User Account.
    4. Upon receiving a complaint, yestersen immediately informs the Seller of the incident.
    5. The Buyer shall return the Product under the complaint to the Seller's address provided by yestersen unless the Buyer and Seller in consultation with yestersen deem otherwise.
    6. Having repaired the Item, the Seller shall confirm its postage after shipping it back to the Buyer.
    7. In the event that the complain results in a refund, the Buyer shall be reimbursed the full amount, i.e. the Item Price, the cost of initial shipping to the Buyer and the documented cost of return shipping of the Item. The funds shall be returned to the Buyer's account by yestersen.
    8. In case of a complaint resulting in a refund, the amount charged for a given Purchase, increased by the cost of return shipping of the item by the Buyer and the Transaction fee, is deducted from the Seller's settlement.
    9. Fees from Purchases resulting in a complaint and refund are retained by yestersen unless decided otherwise by yestersen.
    10. The buyer may lodge a complaint against an Item arising from the failure of the parcel containing the ordered Item to be delivered. Such a complaint may be lodged no earlier than 21 days after the date when the Item was posted.
    11. In order to lodge a complaint against an undelivered Item, the Buyer sends an appropriate report by completing the complaint form available in the User Account.
    12. Upon receiving a complaint regarding an undelivered shipment, the Seller shall report this complaint to the Carrier.
    13. If the Carrier accepts the complaint reported, i.e. confirms that the shipment is missing, the Buyer shall receive a refund, i.e. the Item Price and the cost of shipment to the Buyer. The funds shall be returned to the Buyer's account by yestersen.
    14. Transaction fees for Purchases resulting in a complaint against an undelivered parcel accepted by the Carrier shall be returned by yestersen unless yestersen decides otherwise.
    15. The Seller retains the compensation awarded to them by the Carrier in relation to the missing shipment.
    16. In the event that the Seller and the Buyer do not reach an agreement regarding the complaint, yestersen reserves the right to withhold the funds from the Transaction until the dispute is settled by both parties involved.
  4. Out-of-court redress procedures
    1. Detailed information on the Buyer's rights as a consumer to seek out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsman, social organisations whose statutory responsibilities include consumer protection, and Voivodeship Inspectorates of Trade Inspection.
    2. The rights of the Buyer as a consumer include the following options for out-of-court complaint and redress procedures:
      1. The Buyer has the right to apply to the permanent consumer arbitration court with a request to resolve a dispute arising from the Purchase.
      2. The Buyer has the right to apply to the Voivodeship Inspector of Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and the Seller.
      3. The Consumer may obtain free assistance in settling the dispute between the same and the Seller, also using assistance from the district (municipal) consumer ombudsman or a social organisation statutory responsibilities whereof include consumer protection (including Consumer Federation, Association of Polish Consumers).

7. Newsletter

  1. The free Newsletter service involves yestersen sending electronic messages to the User's email, containing information on the Offers or services available on the Website or from trusted commercial partners.
  2. The Newsletter is sent by yestersen to all Users who have subscribed to the Newsletter service or expressed their consent to receive such messages upon registration on the Website.
  3. Each Newsletter contains in particular: information about the sender, a filled-out "Subject" field to define the content of the message, and information about the possibility and method of unsubscribing from the Newsletter.
  4. In addition to Users of the Website, the Newsletter service may be used by every visitor to the Website who has subscribed by any means. At that moment, a contract for the provision of the Newsletter service by electronic means is concluded.
  5. Users of the Newsletter service may withdraw therefrom at any time by unsubscribing via the link provided in each electronic message sent as part of the Newsletter service or by changing the settings in the User Panel.

8. Final provisions

  1. The role of yestersen
    1. yestersen serves as an intermediary in transactions between the Buyers and the Sellers.
    2. yestersen provides the Sellers with services which involve the sharing of server space, customer service and access to payments.
    3. As an intermediary carrying out activities aimed at concluding a transaction in the form of a sale agreement between the Buyer and the Seller, yestersen does not provide payment services as defined by the Act of 19 August 2011 on Payment Services.
    4. yestersen is not responsible for the behaviour of the Users. In particular, yestersen is not responsible for the quality and legality of Items presented in the Seller's Offers, the content and accuracy of the Offer descriptions, and counter-claims between the Buyer and the Seller.
    5. In the event that the Buyer pays for the Purchase by credit card, yestersen shall be held liable for non-performance or improper performance of the agreement in the scope of services provided by the same and takes an active part in the complaint procedures as an intermediary between the Seller and the Buyer.
  2. Deleting a User Account
    1. The User has the right to delete the User Account on the Website at any time. To this end, the User should use the User Account.
    2. yestersen may refuse to delete a User Account if its User has failed to pay the amount owed to yestersen or has violated these Terms and Conditions or the applicable law and the retainment of User data is necessary to investigate these circumstances and determine the liability of the User.
    3. yestersen reserves the right to delete a User Account if the User's behaviour violates these Terms and Conditions or otherwise interferes with the operation of the Service.
    4. A User Account may be deleted on demand no earlier than 30 days after the last transaction made on the Website by the User.
    5. If the User Account has been removed at yestersen's discretion, the User may not re-register on the Website without the prior consent of yestersen. In the event that a User re-registers without prior consent, the new User Account will be deleted.
  3. Prohibited Actions
    1. On the basis of the Act of 4 February 1994 on copyright and related rights (Journal of Laws No. 24, item 83), it is forbidden to use the content and files published on the Website (in particular the images and descriptions of Items processed by yestersen) without the prior consent of yestersen or the holders of copyrights.
    2. On the basis of the Act of 30 June 2000 - Industrial Property Law (Journal of Laws No. 49, item 508), it is forbidden to use the trademark of yestersen without the prior consent thereof. The trademark has been filed under the number Z.459947, registered in the Polish Patent Office and is under legal protection.
    3. On the basis of the Act of 16 April 1993 on Counteracting Unfair Competition (Journal of Laws, No. 47, item 211, as amended), it is forbidden to use web addresses of spelling or phonetics similar to the word yestersen as part of a competitive activity, in particular if the action is intended to mislead the customers.
    4. Violation of any of the provisions included in items 10.3.1 - 10.30.3 of these Terms and Conditions will result in legal action against persons, companies or institutions who commit the prohibited actions.
  4. Amending the Terms and Conditions
    1. The Terms and Conditions apply from the date of their publication on the Website and replace the previously applicable Terms and Conditions.
    2. The content of these Terms and Conditions may be retained in print or saved on a data carrier.
    3. These Terms and Conditions are subject to change. Any changes to the Terms and Conditions shall be communicated by yestersen via an email message with information regarding such changes sent to Users in possession of a User Account.
    4. Information about changes in the Terms and Conditions shall be provided in the aforementioned manner no later than 7 calendar days before the introduction of the amended Terms and Conditions. In the event that a User in possession of a User Account does not accept the new Terms and Conditions, they shall delete the User Account within 7 days from the date of notification about the changes therein. Failure to remove the account within the indicated period is tantamount to the acceptance of the new Terms and Conditions.
    5. In the event of a dispute regarding a concluded contract for the provision of services, the parties will seek to resolve the matter amicably. Polish law is the law applicable to all disputes arising from these Terms and Conditions.
    6. The Terms and Conditions apply from 25 May 2018.

Annex 1: Rules for gift cards and discount codes

  1. Acquisition of gift cards
    1. Gift Cards are issued by yestersen.
    2. The User may purchase a Gift Card from the Website.
    3. Gift Cards and Discount Codes may be transferred to the Buyers as gifts or prizes for competitions.
    4. Gift Cards are issued by yestersen. If not made available in the manner defined in item 1.3, Gift Cards may be purchased by the Buyers from yestersen via the Website. In such case, a sale agreement of a Gift Card is concluded between yestersen and the Buyer, based on which yestersen sells a Gift Card of a specified value and expiry date to the User, whereas the Buyer undertakes to pay the price specified on the Website.
    5. The conclusion of a sale agreement of a Gift Card takes place upon the receipt by yestersen of an order for a Gift Card, which may be placed by the Buyer via the Website by clicking the "Buy and pay" button after adding the Gift Card to the basket.
    6. yestersen declares that
      1. The procedure of concluding a sale agreement consists of the actions specified in item 1.5.
      2. Order confirmation sent to the Buyer by yestersen constitutes a confirmation of the conclusion of a Gift Card sale agreement.
      3. In case that the Buyer deems any data provided upon entering into the Gift Card sale agreement as false or erroneous, the same should immediately inform yestersen of such; in this case, yestersen will amend them unless the same expresses any doubts which require clarification (in this case, the data will be amended once clarified).
      4. The Gift Card sale agreement is concluded in the language of the Rules for Gift Cards and Discount Codes accepted by the User.
    7. A Gift Card can be physical or electronic in form. yestersen undertakes to send the Gift Card to the Buyer's address (if it has a physical form) or email address (if it has an electronic form) within two working days from the date of payment (method as specified on the Website) of the price provided on the Website for the Gift Card selected by the Buyer
    8. The Buyer has the right to withdraw from a Gift Card Sale Agreement within 14 calendar days without stating a reason (in accordance with the Act of 30 May 2014 on Consumer Rights). However, this right does not apply if the Buyer uses the Gift Card before the 14-day period elapses.
    9. The deadline for withdrawal from the agreement elapses after 14 calendar days from the date on which the Buyer received the Gift Card. In the event that the Buyer purchases more than one Gift Card under one Sale Agreement and the Gift Cards are delivered separately, the period starts from the date on which the Buyer received the last Gift Card.
    10. To exercise the right to withdraw from a Gift Card sale agreement, the Buyer must inform yestersen about their decision to withdraw from the sale agreement by means of an unequivocal statement in the form of the complaint form available on the Website after logging in.
    11. To keep the validity of the period for the withdrawal from the agreement, it suffices for the Buyer to send information on the exercise of the right to withdraw from the agreement before the lapse of the withdrawal date.
    12. In case of withdrawal from a Gift Card sale agreement, yestersen shall refund all payments received from the Buyer and the Gift Card sent to the Buyer shall automatically expire.
    13. The refund shall be made back to the original method of payment used by the Buyer unless the Buyer and yestersen expressly agree to a different resolution; in any case, the Buyer shall not bear any costs related to the refund.
  2. Using the Gift Cards
    1. Each Gift Card contains an indication of its nominal value, an expiration date and a sequence of alphanumeric characters enabling the use of the card upon the conclusion of the sale agreement.
    2. Whenever the sale agreement provides for an obligation of the Buyer to pay a Total Price, the Buyer may fulfil a part of the obligation correspondent to the nominal value of the Gift Card by inserting the code provided on the Gift Card in the appropriate place on the website.
      1. Payment of a Total Price via the Gift Card as described in point 2.2 relieves the Customer from the obligation towards the Seller. Yestersen shall be responsible for ensuring that the Seller recognises this form of payment and does not seek payment of the Total Price from the Buyer to the extent covered by the Gift Card.
    3. The Gift Card may be used by the Buyer no later than on the last day indicated in its expiry date.
    4. The Gift Card is not exchangeable for cash.
    5. In the event that the Gift Cart has a monetary value, using it to purchase an Item at a price lower than this value does not entitle the User to be refunded the difference or receive another Discount Code.
    6. In any case of a successful withdrawal from a Sale Agreement wherein the payment for the Item was made using a Gift Card, the Buyer is entitled to receive another Gift Card of a nominal value correspondent with the Total Price paid by the Buyer using a Gift Card, or the nominal value of the Gift Card if lower than the Total Price. The validity period of a Gift Card issued in such a way shall not be shorter than the period between the use of the Gift Card in order to pay the amount arising from the terminated Sale Agreement and the expiry date of the used Gift Card.
    7. Only one Gift Card can be used per Order.
  3. Discount codes
    1. A Discount Code enables the Buyer to receive a discount, whereby the discount may apply to all Sellers, select Sellers (or Seller) or only select Items; the type of discount shall be defined in the Discount Code description provided to the Buyer.
    2. Yestersen may provide discount codes to the Buyers for promotional purposes.
    3. A Discount Code is a sequence of alphanumeric characters which enables the Buyer to receive a discount once entered into the appropriate place on the Website. Together with the Discount Code, the Buyer receives information on its value (nominal or percent), expiry date and, if applicable, conditions which must be met to enable the use of the Discount Code.
    4. A Discount Code may be used by the Buyer no later than on the last day of the expiry date indicated in its description.
    5. A Discount Code is not exchangeable for cash.
    6. A Discount Code may be used once by a single user.
    7. Only one Discount Code may be used in a single Order.
    8. The use of a discount code involves the Buyer entering it into the appropriate box on the Website while placing an Order.
    9. A discount code may be of percentage or monetary value. Using a Discount Code of percent value results in decreasing the Item Price by a percentage correspondent to that value, whereas using a Discount Code of monetary value results in decreasing the Item Price by the amount correspondent to its value. This does not apply to Discount Codes for which the attached information states that they reduce the shipping costs.
    10. In the event that a Discount Code has a monetary value, using it to purchase an Item at a price lower than this value does not entitle the User to be refunded the difference or receive another Discount Code.
    11. If a Discount Code applies only to select Items or Sellers, the Buyer shall be informed of this fact upon receiving the code.
    12. If the Buyer exercises in part the right to withdraw from a sale agreement concluded with the use of a Discount Code which involved special conditions for its validity (e.g. a minimum Total Price of the Items included in the Sale Agreement), and if these conditions remain unfulfilled as a result of the Buyer partially withdrawing, the discount shall not apply and the Buyer shall return the amount of the applied discount to yestersen. Such a discount shall be settled between the Buyer and yestersen on the basis of their agreement (which may include in particular a deduction of the discount amount from the amount payable to the Buyer in respect of their withdrawal from a Sale Agreement).
    13. Discount codes may not be used to purchase gift cards.
    14. A Discount Codes entitling to a percent discount may not be used upon purchase of any of the items included in Annex 1.2, updated on a regular basis by yestersen.
  4. Final provisions
    1. These Rules for Gift Cards and Discount Codes constitute an integral part of the Terms and Conditions.

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