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Terms & Conditions

I. GENERAL PROVISIONS

  1. The Yeast Side Labs online store, operating at www.yeastsidelabs.com, is run by Kamila Filip Tomaszewski, conducting business as Yeast Side Labs – Kamil Filip Tomaszewski, with its registered office at al. Jerozolimskie 123A/XVIII floor, registered under NIP: 6070067478, REGON: 525322007.
  2. These Terms and Conditions govern the rules for making purchases in the online store www.yeastsidelabs.com, including the rules and procedure for concluding distance sales contracts through the Store, as well as the procedure for withdrawal from a contract by the Customer.
  3. In the scope of Services provided electronically, these Terms and Conditions constitute the regulations referred to in Article 9 of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2020, item 344, as amended).
  4. The Provisions are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Regulations before making a purchase.
  5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are made based on the version of the Regulations in force at the time of placing the order.
  6. Each Customer has the opportunity to familiarize themselves with the Regulations at any time by clicking on the “Terms and Privacy Policy” hyperlink on the Store’s website www.yeastsidelabs.com. The Regulations can be downloaded and printed at any time.
  7. All information contained on the website of the Store www.yeastsidelabs.com regarding products (including prices) does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (Journal of Laws of 2019, item 1145, as amended), but an invitation to enter into an agreement under Article 71 of the Civil Code of April 23, 1964 (Journal of Laws of 2019, item 1145, as amended). By sending the Order Form, the Customer submits an offer to purchase the specified Service at a price and on terms specified in the description.

II. DEFINITIONS

  1. Regulations – this set of regulations governing the rules for using the Services of the Store by Customers.
  2. Consumer – a natural person entering into a civil law contract through the Store, not directly related to his or her economic or professional activity.
  3. Entrepreneur – means a natural person, a legal person or an organizational unit not being a legal person, to which the law grants legal capacity, carrying out economic or professional activities on its own behalf and performing a legal act directly related to its economic or professional activity.
  4. An Entrepreneur with Consumer rights – means a natural person entering into a sales contract directly related to its economic activity when it results from the content of the sales contract that it does not have a professional character for that Entrepreneur, in particular resulting from the subject of its economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  5. Customer – a natural person (including a Consumer) who is at least 13 years old (provided that he or she has obtained the consent of a legal representative), a legal person and an organizational unit not being a legal person, to which specific regulations grant legal capacity (including an Entrepreneur and an Entrepreneur with Consumer rights), using the Services provided by the Store.
  6. Order Form – a service available on the Store’s website, by means of which the Customer can place an order, in particular by adding Services and Goods to the Cart and specifying some conditions of the Sales Agreement, such as the method of delivery and payment.
  7. Cart – an element of the Store, in which selected Services are visible and where the Customer can determine and modify the Order data, including the quantity of purchased Products.
  8. Store – an internet service owned by the Seller, available under the domain www.yeastsidelabs.com, through which the Customer can purchase Services from the Seller.
  9. Seller – Kamil Filip Tomaszewski conducting business as Yeast Side Labs – Kamil Filip Tomaszewski, with its registered office at al. Jerozolimskie 123A/XVII floor, registered under NIP: 6070067478, REGON: 525322007.
  10. Goods – means a product presented by the Seller through the Store’s Website, which may be the subject of a Sales Agreement.
  11. Service – a non-productive economic activity, provided without the simultaneous presence of the Seller and the Customer (remotely), by transmitting data at the individual request of the Customer, transmitted and received using electronic data processing devices, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004 – Telecommunications Law (Journal of Laws of 2019, item 2460, as amended).
  12. Sales Agreement – a distance sales agreement concluded by the Customer through the Store, usually through the Order Form.
  13. Supplier – means a courier company cooperating with the Seller in the delivery of Goods.

III. ACCEPTANCE AND EXECUTION OF ORDERS

  1. All rights to the Internet Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Store’s Website, as well as patterns, forms and photos presented on the Store’s Website for the purpose of presenting Goods belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
  2. The Seller uses “cookies” files during the use of the Store’s Website by Customers, which are stored by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” is aimed at the correct operation of the Store’s Website on end devices of Customers. This mechanism does not damage the end device of the Customer and does not cause configuration.
  3. Each Customer has the option to disable the “cookies” mechanism in their web browser. The Seller points out that disabling “cookies” may, however, result in difficulties or prevent the use of the Store’s Website.
  4. To place an order in the Online Store through the Store’s Website and to use services provided electronically through the Store’s Website, it is necessary for the Customer to have an active email account and to create a customer account on the www.yeastsidelabs.com store.
  5. It is prohibited for the Customer to provide content of an unlawful nature and to use the Online Store, the Store’s Website, or free services provided by the Seller in a manner contrary to the law, good morals, or infringing on the personal rights of third parties.
  6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized access to and modification of Customer data. Therefore, Customers should employ appropriate technical measures to minimize the aforementioned risks. In particular, they should use antivirus and identity protection programs when using the Internet. The Seller never requests the Customer to provide their Password in any form.
  7. It is not permissible to use the resources and functions of the Online Store for activities that would infringe upon the Seller’s interests, i.e., advertising activities of another entrepreneur or product; activities involving the posting of content unrelated to the Seller’s business; activities involving the posting of false or misleading content.
  8. The information contained on the Store’s Website does not constitute an offer by the Seller within the meaning of the Civil Code but is only an invitation for Customers to submit offers to conclude a Sales Agreement.
  9. Customers can place orders in the Online Store through the Store’s Website 7 days a week, 24 hours a day.
  10. A Customer placing an order through the Store’s Website compiles the order by selecting the Goods they are interested in. Adding a Product to the order is done by selecting the “ADD TO BASKET” command under the Product presented on the Store’s Website. After completing the entire order and specifying the method of Delivery, the expected date of Service provision or Goods delivery, and the payment method in the “BASKET,” the Customer places the order by sending the order form to the Seller, selecting the “Order with an obligation to pay” button on the Store’s Website. Before sending the order to the Seller each time, the Customer is informed of the total price for the selected Goods and Delivery, as well as of all additional costs that the Customer is obliged to incur in connection with the Sales Agreement.
  11. Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods being the subject of the order.
  12. After placing the order, the Seller sends to the e-mail address provided by the Customer an e-mail confirming the placement of the order.
  13. Subsequently, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for processing. Information about the acceptance of the order for processing is a statement by the Seller of acceptance of the offer referred to in §4 para. 4 above, and upon receipt by the Customer, the Sales Agreement is concluded.
  14. After concluding the Sales Agreement, the Seller confirms its terms to the Customer, sending them in a Durable Medium to the Customer’s e-mail address or in writing to the one provided by the Customer during Registration or when placing the order.
  15. A VAT invoice is issued for each order.
  16. The available means of communication between the Customer and the Store are: e-mail – hello@yeastsidelabs.com
  17. The price given in the order is the gross price that the Customer is obliged to pay. The cost of delivery is calculated separately because it depends on the delivery method chosen by the Customer.
  18. The Seller reserves the right to change the prices of Goods in the Store, introduce new Services for sale, carry out and cancel promotional activities, or make changes to them, in accordance with the applicable law.
  19. If the Customer is obliged to make a payment exceeding the agreed price described in the previous paragraph, the Store will immediately inform the Customer of this fact, explaining the reason for the price difference. Additional costs will only be charged to the Customer after obtaining their clear consent.

III. PAYMENT PROCESSING

As part of the Store’s operation, the following payment methods are possible:

  1. Bank transfer to the Seller’s bank account (in this case, order processing will begin after the Seller sends the Customer an order acceptance confirmation and after the funds are credited to the Seller’s bank account);
  2. Bank transfer via the external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A., with its registered office in Luxembourg (in this case, order processing will begin after the Seller sends the Customer an order acceptance confirmation and after receiving information from the PayPal system that the payment has been made by the Customer);
  3. Debit card and bank transfer via the external przelewy24.pl payment system, operated by PayU S.A., with its registered office in Poznań (in this case, order processing will begin after the Seller sends the Customer an order acceptance confirmation and after the funds are credited to the Seller’s bank account).

IV. DELIVERY

  1. The Seller reserves the right to verify the order placed by the Customer through telephone or email. In case of the inability to verify the order based on the information provided by the Customer during the ordering process, the Seller reserves the right to refuse the execution of such an order.
  2. The Seller is obligated to deliver Goods that are the subject of the Sales Agreement without defects.
  3. The ordered Goods are delivered to the Customer via a Carrier to the address specified in the order form.
  4. The delivery and order fulfillment period indicated on the Store’s Website is calculated in business days and ranges from 14 to 21 days from the date of receiving the order confirmation.
  5. The Seller carries out deliveries throughout the entire European Union and the European Economic Area.
  6. If the delivery address for the Goods is a country outside the territory of the European Union, the total order value does not include any fees or taxes that the government of the country may require based on the Customer’s place of residence or location. The Customer may be required to pay, in particular: local fees or taxes in accordance with applicable local law.
  7. The Seller reserves the right to cancel the execution of an order in case of the inability to complete it or other independent reasons.
  8. The Seller is not responsible for any damages resulting from an extended delivery time longer than 48 hours. The responsibility lies with the Carrier.
  9. The Customer is obligated to inspect the delivered shipment in the manner and time customary for such shipments. If any loss or damage to the shipment is discovered, the Customer has the right to request the Carrier’s employee to draw up the appropriate protocol.
  10. The Seller is not responsible for any damage to delivered Goods if, after receiving them from the Carrier, they are not stored under ideal conditions.
  11. Upon the Customer’s request, the Seller includes a printed VAT invoice covering the delivered Goods in the shipment.

V. WARRANTY FOR ENTREPRENEURS

  1. If the Goods have a defect, the Entrepreneur may:
    • submit a statement on a price reduction or withdrawal from the Sales Agreement unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free ones or removes the defect.
    • This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or remove the defect.
  2. The Seller may refuse to comply with the Entrepreneur’s request if bringing the defective Goods into conformity with the Sales Agreement in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the second possible way of bringing them into conformity with the Sales Agreement. The cost of repair or replacement is borne by the Seller.
  3. The Seller is liable under the warranty if a physical defect is found on the day of the Goods’ acceptance by the Customer. If the Entrepreneur requested replacement of the Goods with defect-free ones or removal of the defect, the period for withdrawal from the Sales Agreement or submitting a statement on a price reduction starts from the moment the deadline for replacing the Goods with defect-free ones or removing the defect expires without effect.
  4. Any complaints related to the Goods or the execution of the Sales Agreement may be submitted by the Entrepreneur in writing to the Seller’s address. A complaint can also be submitted electronically and sent to hello@yeastsidelabs.com.
  5. Within 14 days of receiving a complaint that contains a request, the Seller will respond to the complaint about the Goods or a complaint related to the execution of the Sales Agreement submitted by the Entrepreneur.
  6. The Entrepreneur should include a description of the problem in the complaint report. The Seller promptly, but no later than within 14 days, considers complaints and responds to the Entrepreneur.

VI. NON-CONFORMITY OF GOODS WITH THE AGREEMENT

Complaints by the Consumer and Entrepreneurs with Consumer Rights

  1. The Goods are in conformity with the agreement if, in particular:
    • its description, type, quantity, quality, completeness, and, in the case of goods with digital elements, compatibility, interoperability, and availability of updates, are in line with the agreement;
    • it is fit for a particular purpose required by the Consumer or Entrepreneur with Consumer Rights, which the Consumer or Entrepreneur with Consumer Rights informed the Seller of at the latest at the time of concluding the agreement, and which the Seller accepted.
  2. Furthermore, for the Goods to be considered in conformity with the agreement:
    • they must be suitable for the purposes for which goods of this kind are typically used, taking into account applicable legal requirements, technical standards, or good practices;
    • they must be present in such quantity and have such characteristics, including durability and safety, and in the case of Goods with digital elements, functionality and compatibility, as are typical for goods of this kind and as the Consumer or Entrepreneur with Consumer Rights may reasonably expect, given the nature of the Goods and the public representations made by the Seller, its legal predecessors, or persons acting on their behalf, especially in advertising or on labels, unless the Seller proves that:
      • they were not aware of the specific public representation and could not have reasonably known about it;
      • before the agreement was concluded, the specific public representation was corrected in the manner and form in which the public representation was made, or in a similar way;
      • the specific public representation did not influence the decision of the Consumer or Entrepreneur with Consumer Rights to conclude the agreement.
  3. The Seller shall not be liable for non-compliance of the Goods with the contract to the extent referred to in point 8. of this paragraph if the Consumer or the Entrepreneur with Consumer rights, at the latest at the time of concluding the contract, has been clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract specified in point VIII. of this paragraph, and has clearly and separately accepted the lack of a specific feature of the Goods.
  4. The Seller shall be liable for non-compliance of the Goods with the contract existing at the time of its delivery and revealed within the period of suitability of the Goods for use as specified by the Seller.
  5. The Seller cannot rely on the expiry of the period for determining the non-compliance of the Goods with the contract if it has fraudulently concealed such non-compliance.
  6. If the Goods are not in conformity with the contract, the Consumer or the Entrepreneur with Consumer rights may demand its replacement.
  7. The Seller may replace the Goods when the Consumer or the Entrepreneur with Consumer rights requests repair, or the Seller may repair when the Consumer or the Entrepreneur with Consumer rights requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or the Entrepreneur with Consumer rights is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, it may refuse to bring the goods into conformity with the contract.
  8. When assessing excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-compliance of the Goods with the contract, the value of the Goods in conformity with the contract, and excessive inconveniences for the Consumer or the Entrepreneur with Consumer rights resulting from changing the manner of bringing the Goods into conformity with the contract.
  9. The Seller shall carry out supplementation or replacement within a reasonable time from the moment when the Seller was informed by the Consumer or the Entrepreneur with Consumer rights of the non-compliance with the contract, and without excessive inconvenience to the Consumer or the Entrepreneur with Consumer rights, taking into account the specificity of the Goods and the purpose for which the Consumer or the Entrepreneur with Consumer rights acquired it. The costs of supplementation or replacement, including in particular postage, transport, labour, and materials, shall be borne by the Seller.
  10. The Consumer or the Entrepreneur with Consumer rights shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or the Entrepreneur with Consumer rights at its own expense.
  11. The Consumer or the Entrepreneur with Consumer rights is not obliged to pay for normal use of the Goods which have subsequently been replaced.
  12. If the Goods do not comply with the contract, the Consumer or the Entrepreneur with Consumer rights may submit a statement on the price reduction or withdrawal from the contract when:
    • The Seller has refused to bring the Goods into conformity with the contract;
    • The Seller has not brought the Goods into conformity with the contract 
    • It results from the Seller’s statement or circumstances that it will not bring the Goods into conformity with the contract in a reasonable time or without excessive inconvenience for the Consumer or the Entrepreneur with Consumer rights.
  13. The Seller shall refund to the Consumer or the Entrepreneur with Consumer rights the amounts due as a result of exercising the right to a price reduction without delay, no later than 14 days from the date of receiving the Consumer’s or the Entrepreneur’s statement with Consumer rights on the price reduction.
  14. The Consumer or the Entrepreneur with Consumer rights cannot withdraw from the contract if the non-compliance of the Goods with the contract is immaterial. It is presumed that the non-compliance of the Goods with the contract is material.
  15. If the non-compliance with the contract concerns only some of the Goods delivered under the contract, the Consumer or the Entrepreneur with Consumer rights may withdraw from the contract only in relation to those Goods, as well as in relation to other Goods purchased by the Consumer or the Entrepreneur with Consumer rights together with the Goods not in conformity with the contract if it cannot reasonably be expected that the Consumer or the Entrepreneur with Consumer rights would agree to retain only the Goods in conformity with the contract.
  16. In the event of withdrawal from the contract, the Consumer or the Entrepreneur with Consumer rights shall return the Goods to the Seller at the Seller’s expense. The Seller shall reimburse the price to the Consumer or the Entrepreneur with Consumer rights without delay, no later than 14 days from the date of receiving the Goods or evidence of their return.
  17. The Seller shall make the refund using the same method of payment as used by the Consumer or the Entrepreneur with Consumer rights unless the Consumer or the Entrepreneur with Consumer rights has expressly agreed to a different method of refund that does not involve any costs for them.

VII. OUT-OF-COURT DISPUTE RESOLUTION

In the event that the complaint procedure does not yield the expected result for the Consumer, the Consumer may use, among others:

  1. Mediation conducted by the relevant Regional Inspectorate of Trade Inspection, to which a request for mediation should be addressed. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  2. Assistance of the relevant territorial permanent consumer arbitration court operating at the Regional Inspectorate of Trade Inspection, to which a request for consideration of the case by an arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
  3. Free assistance of a municipal or district consumer ombudsman.
  4. The online ODR platform available at: http://ec.europa.eu/consumers/odr/.

VIII. FREE SERVICES

  1. The Seller provides free electronic services to Customers, including:
    • Contact form;
    • Newsletter;
    • Maintaining a Customer Account.
  2. The Seller reserves the right to choose and change the type, form, time, and method of providing access to selected free services, about which Customers will be informed in a manner appropriate for changing the Terms and Conditions.
  3. The Contact Form service consists of sending a message to the Seller using a form located on the Store’s Website.
  4. Resignation from the free Contact Form service is possible at any time and involves ceasing to send inquiries to the Seller.
  5. The Newsletter service can be used by any Customer who enters their email address using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the Customer will immediately receive an activation link by electronic means to the email address provided in the registration form, in order to confirm their subscription to the Newsletter. Upon activation of the link by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded.
  6. During Registration, the Customer can also check the appropriate box in the registration form to subscribe to the Newsletter service.
  7. The Newsletter service involves sending electronic messages containing information about new products or services in the Seller’s offer to the email address.
  8. Every Newsletter sent to specific Customers contains, in particular: information about the sender, the “subject” field filled in, specifying the content of the shipment, and information about the possibility and method of resigning from the free Newsletter service.
  9. The Customer may unsubscribe from receiving the Newsletter at any time by unsubscribing from the subscription via the link included in each electronic message sent as part of the Newsletter service or by deactivating the relevant field in the Customer’s Account.
  10. The Customer Account Management Service is available after Registration, following the rules described in the Regulations. It involves providing the Customer with a dedicated panel within the framework of the Store’s Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of order fulfillment and the history of already completed orders.
  11. A Customer who has completed Registration may request the Seller to delete their Customer Account. In the event of such a request, if made by the Seller, the account may be deleted within 14 days from the date of the request.
  12. The Seller has the right to block access to the Customer Account and free services in the event of actions by the Customer detrimental to the Seller or other Customers, violation of legal regulations or provisions of the Regulations, and when blocking access to the Customer Account and free services is justified for security reasons, particularly in the case of the Customer attempting to breach the security of the Store’s Website or engaging in other hacking activities. The blocking of access to the Customer Account and free services for the mentioned reasons lasts for the period necessary to resolve the issue that justified the blocking of access to the Customer Account and free services. The Seller notifies the Customer of the blocking of access to the Customer Account and free services electronically at the email address provided by the Customer in the registration form.

IX. DATA PROTECTION

  1. The principles of personal data protection are provided in the Privacy Policy.

X. TERMINATION OF AGREEMENT (DOES NOT APPLY TO SALES AGREEMENTS)

  1. Both the Customer and the Seller may terminate the electronic service provision agreement at any time and without stating reasons, with the reservation of the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
  2. A Customer who has registered terminates the electronic service provision agreement by sending a relevant declaration of will to the Seller using any means of distance communication that allows the Seller to become acquainted with the Customer’s declaration of will.
  3. The Seller terminates the electronic service provision agreement by sending a relevant declaration of will to the Customer at the email address provided by the Customer during registration.

XI. FINAL PROVISIONS

  1. The Regulations define the rules for concluding and executing the Sales Agreement for Services available on the Store’s website.
  2. The Sales Agreement is concluded between the Customer and the Seller.
  3. The Seller is obliged to deliver the Goods, which are the subject of the Sales Agreement, without defects.
  4. The Regulations are available to all Customers in electronic form on the Store’s website at www.yeastsidelabs.com.
  5. In matters not regulated by these Regulations, the relevant provisions of the generally applicable law shall apply.
  6. The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which are granted to them under the mandatory provisions of the law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of the law granting consumers rights, the priority shall be given to those provisions.
  7. In the event that any provision of this Regulations is or becomes invalid or ineffective, the validity of the remaining parts of the Regulations remains unaffected. In such a case, the Parties shall replace the invalid or ineffective provision with another provision that best reflects the intended economic purpose. This applies accordingly to any gaps in the Regulations.

The Regulations come into force on 21st August 2023.