EN

PL DE EN

• About
• Products
• Dealer Zone
• Favorite
• Coming soon!
• Contact

TABLE OF CONTENTS:
GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR ENTERING INTO A SALE AGREEMENT
METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
COSTS, METHODS AND DELIVERY TIME, AND PICKUP OF THE PRODUCT
PROCEDURE FOR HANDLING COMPLAINTS
ALTERNATIVE DISPUTE RESOLUTION METHODS AND CLAIMS AND ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
PROVISIONS REGARDING ENTREPRENEURS
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE REGULATIONS
FINAL PROVISIONS
TEMPLATE FOR THE WITHDRAWAL FORM 1. GENERAL PROVISIONS

1.1. The Online Store available at www.yakkexp.com is operated by PAWEŁ CEBULAK, conducting business under the name GMOTO. PAWEŁ CEBULAK is registered in the Central Register and Information on Economic Activity of the Republic of Poland, conducted by the minister responsible for economic affairs, with the following details: address of business operations and correspondence address: ul. Tadeusza Kościuszki 78, 37-100 Łańcut, NIP 8151750134, REGON 180440676, email address: contact@yakkexp.com
1.2. This Regulation is addressed to both consumers and entrepreneurs using the Online Store, unless otherwise specified in specific provisions of the Regulation.
1.3. The controller of personal data processed in the Online Store in connection with the implementation of the provisions of this Regulation is the Seller. Personal data is processed for the purposes, for the period, and based on the principles outlined in the privacy policy published on the Online Store’s website. The privacy policy includes, among other things, the rules for processing personal data by the Administrator in the Online Store, including the legal basis, purposes, and period of data processing, the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the User or Customer is voluntary, with the exception of cases specified in the privacy policy (contract conclusion and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. CONTACT FORM – Electronic Service, an interactive form available in the Online Store allowing direct contact with the Seller.
1.4.3. REGISTRATION FORM – a form available in the Online Store allowing the creation of an Account.
1.4.4. ORDER FORM – Electronic Service, an interactive form available in the Online Store allowing the placement of an Order, in particular by adding Products to the electronic cart and defining the terms of the Sale Agreement, including the method of delivery and payment.
1.4.5. CLIENT – (1) a natural person with full legal capacity, or in cases specified by generally applicable laws, a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sale Agreement with the Seller.
1.4.6. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.7. ACCOUNT – Electronic Service, a collection of resources in the Seller’s IT system identified by an individual name (login) and password provided by the User, in which the data provided by the User and information about their Orders placed in the Online Store are stored.
1.4.8. NEWSLETTER – Electronic Service, an email distribution service provided by the Seller, which allows Users to automatically receive periodic content of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.9. PRODUCT – (1) movable goods (including movable goods with digital elements, i.e., containing digital content or a digital service or connected with them in such a way that the absence of digital content or a digital service would prevent the product from functioning properly) that are the subject of the Sale Agreement between the Client and the Seller.
1.4.10. REGULATIONS – these regulations of the Online Store.
1.4.11. ONLINE STORE – the online store of the Service Provider available at the following website: www.yakkexp.com
1.4.12. SELLER; SERVICE PROVIDER – PAWEŁ CEBULAK conducting business under the name GMOTO. PAWEŁ CEBULAK is registered in the Central Register and Information on Economic Activity of the Republic of Poland, conducted by the minister responsible for economic affairs, with the following details: address of business operations and correspondence address: ul. Tadeusza Kościuszki 78, 37-100 Łańcut, NIP 8151750134, REGON 180440676, email address: contact@yakkexp.com
1.4.13. SALE AGREEMENT – a sale agreement for a Product (in the case of movable goods and movable goods with digital elements), (2) an agreement for the delivery of a Product (in the case of digital content or a digital service), (3) an agreement for the provision or use of a Product (in the case of services other than digital and other Products) concluded or to be concluded between the Client and the Seller via the Online Store.
1.4.14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Online Store that is not a Product.
1.4.15. USER – (1) a natural person with full legal capacity, or in cases specified by generally applicable laws, a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.16. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827, as amended).
1.4.17. ORDER – a statement of will submitted by the Client via the Order Form aimed directly at entering into a Sale Agreement for a Product with the Seller.
1.4.18. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and Council of October 19, 2022, on the Digital Services Act and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1-102).
1.4.19. ILLEGAL CONTENT – information that, either by itself or through a reference to action, including the sale of Products or the provision of Electronic Services, is not in compliance with European Union law or the law of any Member State that complies with European Union law, regardless of the specific subject or nature of that law.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Contact Form, Order Form, Account, and Newsletter.
2.1.2. Contact Form – using the Contact Form starts after the User completes two consecutive steps: (1) navigating to the "Contact" tab, and (2) clicking the "send" button after filling out the Contact Form. The User must provide the following information in the Contact Form: email address and inquiry content.
2.1.2.1. The Contact Form service is free of charge and is one-time, terminating once the inquiry is sent.
2.1.3. Order Form – using the Order Form starts when the Client adds the first Product to the electronic cart in the Online Store. The Order is placed after the Client completes two consecutive steps: (1) filling out the Order Form, and (2) clicking the "Order and Pay" button after filling out the Order Form – at this point, the Client can modify the entered data (follow the displayed messages and available information on the Online Store's page). The following data must be provided in the Order Form: (1) for a Client logged into their Account: data regarding the Sale Agreement: Products, quantity of Products, delivery method for the Products, payment method. The Client can also modify the data they entered when creating the Account, or (2) for a Client not logged into their Account or without an Account: name, surname, address (street, house number, postal code, city), contact phone number, email address, and data regarding the Sale Agreement: Products, quantity of Products, delivery method for the Products, payment method. For Clients who are not consumers, it is also possible to provide the company name and NIP number.
2.1.3.1. The Order Form Electronic Service is free of charge and one-time, terminating once the Order is placed via it, or once the User discontinues placing the Order via the form.
2.1.4. Account – using the Account is possible after the User completes two consecutive steps: (1) filling out the Registration Form, (2) clicking the "REGISTER" button. The User must provide the following data in the Registration Form: name, surname, address (street, house number, postal code, city), contact phone number, email address, and password. For Clients who are not consumers, it is also possible to provide the company name and NIP number. The Account can also be created by clicking the "CREATE ACCOUNT" button during the Order placement in the Order Form – once the Order is placed, the User’s Account will be created.
2.1.4.1. The Account Electronic Service is provided free of charge for an indefinite period. The User can, at any time and without giving a reason, delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular via email at: contact@yakkexp.com, or by mail to: ul. Tadeusza Kościuszki 78, 37-100 Łańcut.
2.1.5. Newsletter – using the Newsletter is possible through: (1) checking the appropriate checkbox when creating the Account – once the Account is created, the User is subscribed to the Newsletter, or (2) providing an email address in the form on the homepage of the Online Store in the "Newsletter" field and clicking the "SUBSCRIBE" button – once the "SUBSCRIBE" button is clicked, the User is subscribed to the Newsletter.
2.1.5.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The User can, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via email at: contact@yakkexp.com, or by mail to: ul. Tadeusza Kościuszki 78, 37-100 Łańcut.
2.2. Technical requirements necessary to cooperate with the IT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript in the web browser.
2.3. The User is obliged to use the Online Store in accordance with the law and good manners, respecting the personal rights and intellectual property rights of the Service Provider and third parties. The User is obliged to enter data consistent with the facts. The User is prohibited from providing illegal content.
2.4. The complaint procedure regarding Electronic Services is outlined in Section 6 of the Regulation.

3. CONDITIONS FOR ENTERING INTO A SALE AGREEMENT

3.1. The conclusion of the Sale Agreement between the Client and the Seller occurs after the Client has placed an Order using the Order Form in the Online Store in accordance with Section 2.1.3 of the Regulation.
3.2. The price of the Product displayed on the Online Store's website is provided in Polish zloty or euros and includes taxes. The Client is informed about the total price with taxes for the Product subject to the Order, as well as delivery costs (including transport, delivery, and postal services) and other costs, or if these costs cannot be determined – about the obligation to pay them, on the Online Store’s pages during the Order placement process, including at the moment the Client expresses their will to enter into the Sale Agreement.
3.3. The procedure for concluding a Sale Agreement in the Online Store using the Order Form:
3.3.1. The conclusion of the Sale Agreement between the Client and the Seller occurs after the Client has placed the Order in the Online Store in accordance with Section 2.1.3 of the Regulation.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The confirmation of receipt and acceptance for execution occurs through the Seller sending an email to the Client’s email address provided during the Order placement, which contains at least the Seller's statement about receiving the Order, its acceptance for execution, and confirmation of the Sale Agreement conclusion. Once the Client receives the email, the Sale Agreement between the Client and the Seller is concluded.
3.4. The content of the Sale Agreement is preserved, secured, and made available to the Client through (1) providing these Regulations on the Online Store's website and (2) sending the Client the email mentioned in Section 3.3.2 of the Regulation. The content of the Sale Agreement is also stored and secured in the Seller’s Online Store IT system.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Client with the following payment methods for the Sale Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Bank transfer to the Seller’s bank account.
4.1.4. Electronic payments via BLIK, GooglePay, PayPal, Przelewy24.pl – the current available payment methods are listed on the Online Store's information tab regarding payment methods and on the websites: BLIK, Google Pay, PayPal, Przelewy24.pl, Adyen.
4.1.4.1. The transaction settlements via electronic payments and credit card payments are processed according to the Client’s choice. Electronic payment processing and credit card handling are provided by:
4.1.4.1.1. BLIK – POLSKI STANDARD PŁATNOŚCI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw (address: ul. Czerniakowska 87A, 00-718 Warsaw), registered in the National Court Register under number 0000493783.
4.1.4.1.2. GooglePay – Google Ireland Limited based at Gordon House, Barrow Street, Dublin 4, Ireland.
4.1.4.1.3. PayPal – PayPal (Europe) S.a r.l. et Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg.
4.1.4.1.4. Przelewy24.pl – PAYPRO SPÓŁKA AKCYJNA based in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), registered in the National Court Register under number 0000347935.
4.1.5. Payment by credit card.
4.1.5.1. Credit card payments require completing a relevant form that appears after filling out the Order Form: (1) cardholder's details, (2) card expiration date, (3) card number, and (4) CVV2/CVC2 number.
4.1.5.1.1. Credit card payments are possible for cardholders whose card issuers are:
4.1.5.1.1.1. Mastercard Inc. (2000 Purchase Street, Purchase, New York, USA).
4.1.5.1.1.2. Visa Inc. (One Market Plaza, Suite 600, San Francisco, CA 94105, USA).
4.1.6. Installment payment system.
4.1.6.1. Payment is made in full or in part with funds from a credit granted by one of the following entities:
4.1.6.1.1. ALIOR BANK SPÓŁKA AKCYJNA based in Warsaw (address: ul. Łopuszańska 38D, 02-232 Warsaw), registered in the National Court Register under number 0000305178.
4.1.6.1.2. PAYPO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw (address: ul. Domaniewska 39, 02-672 Warsaw), registered in the National Court Register under number KRS: 0000575158.

5. COST, METHODS AND DELIVERY TIME FOR THE PRODUCT

5.1. Product delivery is available within the territory of the Republic of Poland and European Union member countries.
5.2. The delivery of the Product to the Client is subject to a fee unless the Sale Agreement specifies otherwise. Delivery costs (including transport, delivery, and postal services) are indicated to the Client on the Online Store’s information page regarding delivery costs and during the Order placement process, including at the time the Client expresses their will to enter into the Sale Agreement.
5.3. Personal collection of the Product by the Client is free of charge.
5.4. The Seller offers the Client the following methods of delivery or product collection:
5.4.1. Postal shipment, cash on delivery.
5.4.2. Courier shipment, cash on delivery.
5.4.3. Parcel locker shipment.
5.4.4. Pallet shipment.
5.4.5. Personal collection available at: ul. Tadeusza Kościuszki 78, 37-100 Łańcut:
5.4.5.1. On Business Days, from 08:30 to 17:00.
5.4.5.2. On Saturdays, from 08:30 to 12:00.
5.5. The delivery time for the Product to the Client in the territory of the Republic of Poland is up to 10 Business Days, unless a shorter period is specified in the product description or during the Order placement process. For Products with different delivery times, the longest stated period applies, but it cannot exceed 10 Business Days. The delivery time starts as follows:
5.5.1. For payment by bank transfer, electronic payment, or credit card – from the day the Seller's bank account is credited.
5.5.2. For cash on delivery payment – from the day of the conclusion of the Sale Agreement.
5.5.3. For installment payment – from the day the Seller is notified by the credit provider about the conclusion of a credit agreement with the Client, but no later than from the day the Seller’s bank account is credited with the funds from the credit granted to the Client.
5.6. The delivery time for the Product to the Client within the EU member states (outside of Poland) is up to 15 Business Days, unless a shorter period is specified in the product description or during the Order placement process. For Products with different delivery times, the longest stated period applies, but it cannot exceed 15 Business Days. The delivery time starts as follows:
5.6.1. For payment by bank transfer, electronic payment, or credit card – from the day the Seller’s bank account is credited.
5.6.2. For cash on delivery payment – from the day of the conclusion of the Sale Agreement.
5.6.3. For installment payment – from the day the Seller is notified by the credit provider about the conclusion of a credit agreement with the Client, but no later than from the day the Seller’s bank account is credited with the funds from the credit granted to the Client.
5.7. The product readiness time for Client pickup – in the case of personal collection, the Product will be ready for collection by the Client within up to 10 Business Days, unless a shorter period is specified in the product description or during the Order placement process. For Products with different pickup readiness times, the longest stated period applies, but it cannot exceed 10 Business Days. The Client will be additionally informed by the Seller about the readiness of the Product for pickup. The pickup readiness period starts as follows:
5.7.1. For payment by bank transfer, electronic payment, or credit card – from the day the Seller’s bank account is credited.
5.7.2. For cash payment on personal collection – from the day the Sale Agreement is concluded.
5.7.3. For installment payment – from the day the Seller is notified by the credit provider about the conclusion of a credit agreement with the Client, but no later than from the day the Seller’s bank account is credited with the funds from the credit granted to the Client.

6. PRODUCT COMPLAINTS

6.1. This Section 6 of the Regulation specifies the procedure for handling complaints common to all complaints submitted to the Seller, especially complaints regarding Products, Sale Agreements, Electronic Services, and other complaints related to the Seller's or Online Store's operation.
6.2. A complaint may be submitted, for example:
6.2.1. In writing to the address: ul. Tadeusza Kościuszki 78, 37-100 Łańcut.
6.2.2. Electronically via email at: contact@yakkexp.com.
6.3. The Product return or shipment within the complaint procedure can be sent to the address: ul. Tadeusza Kościuszki 78, 37-100 Łańcut.
6.4. It is recommended to include the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the irregularity or lack of conformity with the contract; (2) the request for how to bring the product into conformity with the contract or a statement on lowering the price or withdrawing from the contract or other claim; and (3) contact details of the complainant – this will facilitate and speed up the complaint process. The requirements in the previous sentence are recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.5. In the event of a change in the contact details provided by the complainant during the complaint process, they are obliged to notify the Seller.
6.6. The complainant may attach evidence (e.g., photos, documents, or Product) related to the subject of the complaint. The Seller may also ask the complainant for additional information or to send evidence (e.g., photos) if it will facilitate and speed up the complaint process.
6.7. The Seller will respond to the complaint promptly, but no later than within 14 calendar days from the date of its receipt.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS AND ACCESS TO THESE PROCEDURES

7.1. Methods of resolving disputes without involving the court include: (1) enabling the parties to reconcile their positions, such as through mediation; (2) offering a resolution to the dispute, such as through conciliation; and (3) resolving the dispute and imposing a solution on the parties, such as through arbitration (arbitration court). Detailed information about the possibility of a Client, who is a consumer, using out-of-court methods of handling complaints and claims, the rules for access to these procedures, and a user-friendly search engine of entities engaged in alternative dispute resolution can be found on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. The President of the Office of Competition and Consumer Protection has a contact point whose tasks include providing information to consumers about out-of-court consumer dispute resolution. Consumers can contact the point: (1) by phone – calling the numbers 22 55 60 332 or 22 55 60 333; (2) via email – sending a message to: kontakt.adr@uokik.gov.pl; (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. Consumers have the following example possibilities for using out-of-court methods of handling complaints and claims: (1) application for the resolution of a dispute to a permanent consumer arbitration court; (2) application for out-of-court dispute resolution to the provincial inspector of the Inspection; or (3) assistance from the district (municipal) consumer ombudsman or a consumer protection organization (e.g., Federation of Consumers, Polish Consumers Association). Advice is available via email at: porady@dlakonsumentow.pl and on the consumer helpline at 801 440 220 (helpline available on Business Days, from 8:00 AM to 6:00 PM, call charges according to the operator’s tariff).
7.4. The platform for the online dispute resolution system between consumers and businesses at the EU level is available at http://ec.europa.eu/odr (ODR platform). The ODR platform is an interactive, multilingual website with a comprehensive service point for consumers and businesses seeking out-of-court settlement of disputes related to contractual obligations resulting from online sales agreements or service agreements (more information on the platform's website or the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8. RIGHT TO WITHDRAW FROM THE AGREEMENT

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Regulation. To meet the deadline, it is sufficient to send a declaration before the deadline expires. The declaration of withdrawal from the contract can be made, for example:
8.1.1. in writing to the address: ul. Tadeusza Kościuszki 78, 37-100 Łańcut;
8.1.2. electronically via email to: contact@yakkexp.com;
8.2. The return of the Product – movable goods (including movable goods with digital elements) within the framework of withdrawal from the agreement may be made to the address: ul. Tadeusza Kościuszki 78, 37-100 Łańcut.
8.3. A sample withdrawal form is attached to the Consumer Rights Act (Annex No. 2) and is also available in point 13 of the Regulation. The consumer may use the sample form but it is not mandatory.
8.4. The time limit for withdrawal from the agreement begins:
8.4.1. for an agreement where the Seller delivers the Product and is obliged to transfer ownership – from the date the consumer or a third party designated by the consumer (other than the carrier) takes possession of the Product; and in the case of an agreement that: (1) covers multiple Products delivered separately, in batches, or in parts – from the date of possession of the last Product, batch, or part, or (2) involves regular delivery of Products for a specified period – from the date of possession of the first Product.
8.4.2. for other contracts – from the date of concluding the contract.
8.5. In the case of withdrawal from a distance contract, the contract is considered not concluded.
8.6. Products – movable goods, including movable goods with digital elements:
8.6.1. The Seller must promptly, but no later than 14 calendar days from receiving the consumer's withdrawal declaration, refund all payments made by the consumer, including delivery costs for the movable Product, including movable goods with digital elements (except for additional costs resulting from the consumer's chosen delivery method other than the cheapest standard delivery available in the Online Store). The Seller will refund the payment using the same payment method the consumer used, unless the consumer explicitly agrees to a different method of refund that does not incur additional costs. If the Seller did not offer to collect the Product from the consumer, they may withhold the refund until the Product is returned or until the consumer provides proof of its return, whichever occurs first.
8.6.2. The consumer is obliged to return the Product – movable goods (including movable goods with digital elements) – promptly, but no later than within 14 calendar days from the date of withdrawal from the contract, to the Seller or to a person authorized by the Seller to receive it, unless the Seller offered to collect the Product. It is sufficient to return the Product before the deadline expires.
8.6.3. The consumer is liable for any decrease in the value of the Product – movable goods (including movable goods with digital elements) – resulting from the use of the product beyond what is necessary to ascertain its nature, characteristics, and functioning.
8.7. Possible costs associated with the consumer’s withdrawal from the agreement, which the consumer must bear:
8.7.1. In the case of Products – movable goods (including movable goods with digital elements) – if the consumer selected a delivery method other than the cheapest standard delivery available in the Online Store, the Seller is not obligated to refund the consumer the additional delivery costs.
8.7.2. In the case of Products – movable goods (including movable goods with digital elements) – the consumer bears the direct cost of returning the Product. For products that cannot be returned by regular mail (large items), the consumer may incur higher return costs, according to the sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/dpd.
8.7.3. In the case of a Product – service, where the service performance began – at the consumer's express request – before the withdrawal period, the consumer, who exercises the right to withdraw after such a request, is obligated to pay for services rendered up to the point of withdrawal. The payment amount is calculated proportionally to the extent of the service rendered, based on the agreed price or fee. If the price or fee is excessive, the market value of the service rendered is used as the basis for this calculation.
8.8. The right to withdraw from a distance contract does not apply to consumers in relation to contracts:
8.8.1. (1) for the provision of services where the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the service started that after the performance by the Seller, the right to withdraw from the contract would be lost and acknowledged this information; (2) where the price or fee depends on fluctuations in the financial market, which the Seller cannot control, and which may occur before the withdrawal period expires; (3) where the subject of the contract is a non-prefabricated Product – made according to the consumer's specifications or serving the consumer’s individualized needs; (4) where the subject of the contract is a Product – movable goods (including movable goods with digital elements) – which deteriorates rapidly or has a short shelf life; (5) where the subject of the contract is a Product – movable goods (including movable goods with digital elements) – delivered in sealed packaging, which cannot be returned due to health or hygiene reasons once the packaging has been opened; (6) where the subject of the contract is Products – movable goods (including movable goods with digital elements) – which, after delivery, are inseparably combined with other movable goods; (7) for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the Sale Agreement, and which can only be delivered after 30 days and whose value depends on fluctuations in the market, which the Seller cannot control; (8) where the consumer explicitly requested the Seller to come to them for urgent repairs or maintenance; if the Seller also provides other services beyond those requested by the consumer or delivers Products – movable goods (including movable goods with digital elements) – other than spare parts necessary for the repair or maintenance, the right to withdraw applies to the additional services or Products; (9) where the subject of the contract is sound or visual recordings or computer programs delivered in sealed packaging, once the packaging has been opened; (10) for the delivery of newspapers, periodicals, or magazines, except for subscription contracts; (11) concluded through public auctions; (12) for services related to accommodation, other than for residential purposes, transport of goods, car rentals, catering, services related to recreation, entertainment, sports, or cultural events, if the contract specifies the date or period of service performance; (13) for the delivery of digital content not supplied on a tangible medium, where the consumer is required to pay the price and the Seller has started performance with the express and prior consent of the consumer, who was informed that after the performance by the Seller, the right to withdraw from the contract would be lost and acknowledged this, and the Seller provided the consumer with confirmation of this; (14) for services where the consumer is required to pay a price and has explicitly requested the Seller to visit them for repairs, and the service has already been fully performed with the consumer’s express and prior consent.
8.9. The provisions in point 8 of the Regulation regarding the consumer also apply to contracts concluded from 1 January 2021 for a Client who is a natural person entering into a contract directly related to their business activity, where the contract is not of a professional nature based on the type of business activity they conduct, made available in the Central Register of Business Activity.

9. PROVISIONS FOR ENTREPRENEURS

9.1. This point 9 of the Regulation and all provisions contained therein apply exclusively to Clients or Service Recipients who are not consumers, and from 1 January 2021, to those who are also not natural persons entering into an agreement directly related to their business activity, where the contract is not of a professional nature based on the type of business activity they conduct, made available in the Central Register of Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can take place without providing a reason and does not give rise to any claims from the Client against the Seller.
9.3. The Seller will respond to the complaint within 30 calendar days from its receipt.
9.4. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the Client's chosen payment method or the conclusion of the Sales Agreement.
9.5. The Service Provider may terminate the Electronic Service Agreement with immediate effect and without giving a reason by sending a relevant statement to the Service Recipient.
9.6. The Service Provider/Seller's liability towards the Service Recipient/Client, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, but no more than one thousand PLN. This monetary limitation applies to all claims made by the Service Recipient/Client against the Service Provider/Seller, including those not related to the Sales Agreement or in the absence of a concluded Sales Agreement. The Service Provider/Seller is only responsible for typical damages that were foreseeable at the time of concluding the agreement and is not liable for lost profits. The Seller is also not responsible for delays in the delivery of shipments.
9.7. All disputes arising between the Seller/Service Provider and the Client/Service Recipient will be submitted to the court competent for the Seller/Service Provider's seat.

10. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE REGULATIONS

10.1. This point of the Regulation contains provisions arising from the Digital Services Act regarding the Online Store and the Service Provider. As a general rule, the Service Recipient is not obliged to provide content while using the Online Store, unless the Regulation requires specific data (e.g., data for placing an order). The Service Recipient may have the ability to add opinions or comments in the Online Store using tools provided for this purpose by the Service Provider. In any case, when providing content, the Service Recipient is obliged to comply with the principles contained in the Regulation.
10.2. CONTACT POINT – The Service Provider designates the email address contact@yakkexp.com as the single contact point. The contact point allows direct communication between the Service Provider and the authorities of the Member States, the European Commission, and the Digital Services Council, and also facilitates direct, fast, and user-friendly communication with the Service Provider via email for the application of the Digital Services Act. The Service Provider specifies Polish and English as the communication languages for the contact point.
10.3. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:
10.3.1. To the email address contact@yakkexp.com, any person or entity may report to the Service Provider the presence of certain information that they consider to be Illegal Content.
10.3.2. The report should be sufficiently precise and adequately justified. For this purpose, the Service Provider allows and facilitates making reports to the email address above, which must contain all the following elements: (1) a sufficiently justified explanation of the reasons why the person or entity claims that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the precise URL or URLs, and, where applicable, additional information to help identify the Illegal Content, depending on the type of content and specific type of service; (3) the name and email address of the person or entity making the report, except for reports concerning information related to one of the crimes referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
10.3.3. A report, as mentioned above, is considered to provide the basis for obtaining actual knowledge or information for the purposes of Article 6 of the Digital Services Act with regard to the information it concerns, if it enables the Service Provider, acting with due diligence, to ascertain – without detailed legal analysis – the illegal nature of the activity or information.
10.3.4. If the report contains the contact details of the person or entity making the report, the Service Provider promptly sends a confirmation of receipt of the report to that person or entity. The Service Provider also promptly informs them of their decision regarding the information in question, providing details on the possibility of appealing the decision.
10.3.5. The Service Provider considers all reports it receives through the mechanism described above and makes decisions regarding the information in the reports in a timely, non-arbitrary, and objective manner with due diligence. If the Service Provider uses automated means to review such reports or make decisions, it provides information about this in the notification mentioned above.
10.3.6. The Service Recipient is obliged to comply with the following principles when providing any content in the Online Store: (1) The obligation to use the Online Store, including posting content (e.g., in reviews or comments), in accordance with its purpose, the Regulation, and in a lawful and appropriate manner, respecting the personal rights and intellectual property rights of the Service Provider and third parties; (2) The obligation to provide truthful content and not to mislead; (3) The prohibition of providing unlawful content, including Illegal Content; (4) The prohibition of sending unsolicited commercial information (spam) through the Online Store; (5) The prohibition of providing content that violates widely accepted principles of netiquette, including content that is vulgar or offensive; (6) The obligation to have all required rights and permissions to provide such content on the Online Store, particularly copyrights or necessary licenses, permits, and consents for its use, dissemination, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data of third parties in the case of content that includes the image or personal data of others. (7) The obligation to use the Online Store in a way that does not pose a threat to the security of the Service Provider's IT system, the Online Store, or third parties.
10.3.7. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store. Moderation is done in good faith and with due diligence, either at the Service Provider’s initiative or in response to reports, in order to detect, identify, and remove Illegal Content or other content that does not comply with the Regulation, or to prevent access to such content, or to take necessary measures to comply with EU law and national law aligned with EU law, including requirements under the Digital Services Act.
10.3.8. The moderation process can be manual by a human or rely on automated or partially automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Regulation. After identifying such content, the Service Provider will decide whether to remove or restrict access to the content or take other actions deemed necessary (e.g., contacting the Service Recipient to clarify concerns and modify the content). The Service Provider will clearly and understandably inform the Service Recipient, who submitted the content (if their contact details are available), of their decision, the reasons for it, and the available options for appealing the decision.

11. FINAL PROVISIONS

11.1. Agreements concluded through the Online Store are made in Polish.
11.2. Changes to the Regulation:
11.2.1. The Service Provider reserves the right to make changes to this Regulation for important reasons, such as: changes in law; changes in payment or delivery methods or terms; legal or regulatory obligations; changes in the scope or form of provided Electronic Services; addition of new Electronic Services; necessity to counter unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Clients against fraud, malicious software, spam, data breaches, or other cybersecurity risks – insofar as these changes affect the implementation of the provisions of this Regulation.
11.2.2. Notice of proposed changes will be sent at least 15 days before the changes come into effect, unless a change can be made without the 15-day notice period if the Service Provider: (1) is required to change the Regulation due to a legal or regulatory obligation that prevents them from adhering to the 15-day notice period; or (2) needs to change the Regulation to counter an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Clients against fraud, malicious software, spam, data breaches, or other cybersecurity threats. In these two cases, changes will be introduced with immediate effect, unless it is possible or necessary to apply a longer period for implementing the changes, in which case the Service Provider will notify the Service Recipient accordingly.
11.2.3. In the case of continuous agreements (e.g., providing Electronic Service – Account), the Service Recipient has the right to terminate the agreement with the Service Provider before the notification period for proposed changes expires. The termination will be effective 15 days from receiving the notice. If a continuous agreement is concluded, the modified Regulation binds the Service Recipient if they have been properly notified of the changes before their implementation and have not terminated the agreement within this period. Additionally, at any time after receiving the notice of changes, the Service Recipient may accept the changes and thus waive the remaining notification period. For agreements other than continuous ones, changes to the Regulation will not affect the Service Recipient’s acquired rights, especially for orders already placed or agreements already concluded, carried out, or executed.
11.2.4. If a change to the Regulation introduces any new fees or increases the current ones, the consumer has the right to withdraw from the contract.
11.3. The Seller, as a distributor of equipment under Article 4(2) of the Act of 11 September 2015 on Used Electrical and Electronic Equipment (Journal of Laws 2015, item 1688), informs the following:
11.3.1. It is prohibited to dispose of used electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The holder of used equipment from households is obliged to deliver it to a collector of used equipment or an entity authorized to collect used equipment.
11.3.2. The Seller is obliged to accept used equipment from households free of charge at their points of sale, provided the used equipment is of the same type and performed the same functions as the equipment being sold.
11.3.3. When delivering household equipment, the Seller must also accept used equipment from households at the delivery location, provided the used equipment is of the same type and served the same functions as the delivered equipment. The desire to return used equipment should be communicated electronically to: contact@yakkexp.com.
11.3.4. The used equipment delivered to the Seller should be complete and properly prepared for shipment in a way that ensures safe transportation. The Seller has the right to refuse to accept used equipment if, due to contamination, it poses a health or safety risk.
11.3.5. Information about sample points for collecting used equipment nationwide can be found through the search engine in the register of entities – BDO at https://rejestr-bdo.mos.gov.pl/.
11.4. In matters not regulated by this Regulation, the provisions of Polish law, including the Civil Code; the Act on Electronic Services of 18 July 2002 (Journal of Laws 2002, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of applicable law shall apply.

12. WITHDRAWAL FORM SAMPLE (ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)

The sample withdrawal form (this form must be filled out and sent only in the case of wishing to withdraw from the agreement):
Recipient: YAKK EXP, ul. Tadeusza Kościuszki 78, 37-100 Łańcut I/We() hereby inform that I/we withdraw from the sale agreement of the following goods()/delivery agreement of the following goods()/contract for work consisting of the performance of the following goods()/provision of the following service(*) Date of conclusion of the agreement()/receipt() Name and surname of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only if the form is sent in paper version) Date (*) Delete as appropriate.