GENERAL TERMS AND CONDITIONS FOR ONLINE ORDERS WITH YELLY.STUDIO
The following general terms and conditions (hereafter called “T&C”) are a part of every contract in providing services at a charge or at no charge between you (hereafter called “Customer”) and the yelly.studio (hereafter called “yelly.studio”), INKave.studio Alan Gajewski NIP 5833484444, Zamojska 34 80-180 Gdańsk (Poland).
Yelly.Studio reserves the right to modify at any time the present T&C without prior notice. Significant is the version at the time of the order.
Scope of application
The T&C applies to every party of the contract with yelly.studio for the benefit of legal entities or natural persons to provide services or goods which are sold through the yelly.studio online shop. General contract terms which differ from this T&C are only applicable if they are recognized in writing by yelly.studio.
Execution of the contract
The contract will be considered executed on the website (yelly.studio).
Upon a customer ordering services or goods online, he enters a binding agreement for the provision of services selected by him upon execution of the contract based on individual purchases. The confirmation by yelly.studio can only be carried out in writing or by email. From this point on, the rights and duties of the contract (including the T&C) are fully effective for all parties of the contract.
Prices
yelly.studio has the right to increase prices after the execution of the contract in the case of an implementation or an increase in fees, duties or taxes, as well as of transportation costs.
Unless otherwise stated, all pricing is given in EUR and includes VAT.
Conditions of delivery
Orders placed in the yelly.studio online shop are shipped/delivered or can in certain countries be picked up in selected shops (Click & Collect), as long as that option is given to the customer.
Shipping fees in Europe are 5.00 Euro.
Shipping fees in Poland are 3.70 Euro.
Shipping fees in UK & US are 7.00 Euro.
Shipping fees in other countries are 10.00 Euro.
Payment
The following payment methods are available:
Credit card (VISA, MasterCard), PayU, Przelewy24 and Paypal.
Credit card
Charges are debited at the conclusion of the purchase.
Paypal
Customers pay the invoice amount using the online provider Paypal. The customer must be registered with the provider or complete registration, be authorized using his login details, and confirm the payment order to us. Customers will receive additional information during the order process.
Return transactions
Products that are returnable may be sent back to yelly.studio within 14 days. The refund will occur latest 14 days after the goods arrive.
yelly.studio is not responsible for any and all return shipping costs. The return burden of proof is the responsibility of the customer. Please carefully save your tracking number.
Non-returnable products are those that are worn, used and washed as well as skis with mounted bindings.
Warranty & Guarantee
Warranty rights as required by law shall apply.
Liability
yelly.studio assumes liability for contractual or non-contractual damage caused by gross negligence. The burden of proof is incumbent upon the customer. All other liabilities (ordinary negligence, liability for the consequences, vicarious liability) are explicitly excluded.
Excluded explicitly is any liability by yelly.studio for a failure to perform or inadequate performance for one or more of the following reasons:
- default, contributory negligence or due to conduct of the customer;
- default and due to the conduct of a third party who is not party to the provision of services;
- force majeure or for events that cannot be predicted or prevented.
Retention of title
Products remain the property of yelly.studio until payment has been made in full.
Operation of the website by yelly.studio and all links
yelly.studio shall endeavor to keep up-to-date all information and details on the website. Nonetheless, it assumes no liability for the completeness or correctness of the information and details. In particular, yelly.studio does not guarantee uninterrupted operation or uninterrupted accessibility of the website. yelly.studio shall not be liable for any consequences of an interruption in operations, any website outage, any disturbances of or interrupted communications, the non-transmittal of notices, the interruption of purchasing processes, or that the server is free from any damaging components. This applies in particular, but not exclusively, to indirect or consequential damages, unrealized profit, or loss of use of any kind.
Salvatory clause
The T&C have written in English. If individual provisions of the contract, the T&C, the Civil Code, the terms of use, or data protection laws shall become invalid or ineffective, they shall be replaced with a valid and effective provision which comes as close as possible to the original intent of the parties. The invalidity or ineffectiveness of individual provisions shall not affect the validity and effectiveness of the contract.
Governing law and jurisdiction
This relationships between yelly.studio and its customers shall be governed exclusively by and construed in accordance with the laws of Poland to the exclusion of any and all conflicts of laws provisions. This conflicts of law provision also covers the issue of the contract’s effective date and validity.
Expressly excluded is the application of the United Nations Convention on Contracts for the International Sales of Goods, or CISG. Compulsory, contractually unalterable provisions shall apply.
The polish courts of law shall have exclusive jurisdiction.
Poland, March 17, 2024