Terms and Conditions Yoshinails

The conclusion of a contract between the Buyer and the Seller may take place in two ways.

Before placing an order, the Buyer has the right to negotiate any provisions of the contract with the Seller, including those amending the provisions of the following regulations. These negotiations should be conducted in writing and sent to the Seller’s address (Star Dust sp. z o. o. ul. Świeradowska 77, 50-559 Wrocław).

If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and applicable legal provisions shall apply.

STATUTE

§1 Definitions

1. Postal address – name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: name of the town and property number), postal code and town.

2. Complaint address:

STAR DUST Sp. z o. o.

street Świeradowska 77

50-559 Wrocław

Poland

3. Delivery price list – a list of available types of delivery and their costs.

4. Contact details: Star Dust sp. z o. o., ul. Świeradowska 77, 50-559 Wrocław, phone: +48 888 626 942

5. Delivery – type of transport service along with the carrier and cost listed in the delivery price list.

6. Proof of purchase – invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other relevant legal provisions.

7. Product card – a single subpage of the store containing information about a single product.

8. Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.

9. Civil Code – the Civil Code Act of April 23, 1964, as amended.

10. Code of good practice – a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.

11. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller that is not directly related to his or her business or professional activity.

12. Basket – a list of products prepared from the products offered in the store based on the Buyer’s choices.

13. Buyer – both Consumer and Customer.

14. Place of delivery of the item – postal address or collection point indicated in the order by the Buyer.

15. Moment of delivery of the item – the moment when the Buyer or a third party designated by him to collect the item takes possession of the item.

16. Payment – ​​method of payment for the subject of the contract and delivery.

17. Consumer law – Consumer Rights Act of May 30, 2014.

18. Product – the minimum and indivisible quantity of items that may be the subject of an order, and which is given in the Seller’s store as a unit of measurement when determining its price (price/unit).

19. Subject matter of the contract – products and delivery that are the subject of the contract.

20. Subject of performance – subject of the contract.

21. Pick-up point – place of delivery of items other than the postal address, listed in the list provided by the Seller in the store.

22. Item – a movable item that may be or is the subject of a contract.

23. Store – online service available at www.yoshi.com.pl, through which the Buyer can place an order.

24. Seller:

Star Dust limited liability company with its registered office in Wrocław, ul. Świeradowska 77, 50-559 Wrocław entered into the Register of Entrepreneurs by the District Court for Wrocław Fabryczna, 6th Commercial Division of the National Court Register under KRS number: 0000855626, NIP: 897-188-23-72, REGON: 386850587

25. BANK ACCOUNT – PLN: 06 1090 2529 0000 0001 5189 3837

26. System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.

27. Delivery time – the number of hours or working days given on the product card.

28. Agreement – an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of May 30, 2014 in the case of Consumers and a sales agreement within the meaning of Art. 535 of the Civil Code of April 23, 1964 in the case of Buyers.

29. Defect – both a physical and legal defect.

30. Physical defect – non-compliance of the sold item with the contract, in particular if the item:

it does not have the properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances

Terms and Conditions Przelewy24

Definitions

Whenever the following phrases or expressions are used in these Regulations, they shall be understood as:

Merchant –  an entity that has concluded an agreement with PayPro ,  Seller and Payment Recipient.

Payment Agent  –  ​​a natural person, a legal person or an organizational unit that is not a legal person, to which the act grants legal capacity, acting on behalf of and for the benefit of PayPro SA as a domestic payment institution solely within the scope of providing payment services.

User (Payer) – an adult natural person, legal person or organizational unit that is not a legal person, to whom the law grants legal capacity, who pays for goods or services offered by the Merchant and who has accepted the regulations for making payments on the Website, including by instructing PayPro to initiate a payment transaction executed to the debit of the Account.

PayPro SA (PayPro) – Entity providing the Service to Users, with its registered office in Poznań, at ul. Pastelowa 8 (60-198), entered into the register of entrepreneurs of the National Court Register maintained by the District Court of Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under the KRS number 0000347935, NIP number 7792369887, with the share capital of PLN 5,476,300.00, fully paid up, and into the register of national payment institutions maintained by the Polish Financial Supervision Authority under the number UKNF IP24/2014.

Przelewy24 Service (Service) – an online service that acts as an intermediary in transferring payments between the Payer and the Acceptor.

Payment Transaction (Payment)  – an individual payment made by the Payer to the Merchant using the Service. Each transaction is specified in the System, at least by: transaction number, amount, Identifier, method.

Payments can have the following statuses on Przelewy24:

  • Pending – Payment pending for payment,
  • Verified – Payment made, subject to additional verification for security reasons,
  • To be used/Prepaid – A paid payment that is waiting for confirmation to be sent to the Seller,
  • Made – Payment made, in connection with which a confirmation was sent to the Seller,
  • Incorrect – Payment completed with an error returned by the Intermediary Institution or without correct payment.
  • Refunded – Payment refunded to the Customer.

Transaction Panel – Panel available to the Payer to select the payment method and redirect to the Intermediary Institution.

Intermediary Institution – a Payment Service provider or other entity through which the Payer transfers funds to PayPro for the purposes of paying the Merchant, in particular a Payment Agent, bank, authorization and settlement center, postal operator, payment services office.

Business Day – a day during PayPro’s working hours, excluding Saturdays, Sundays, holidays and public holidays, on which PayPro conducts its operational activities by performing the activities specified in the provisions of the Regulations referring to the term “Business Day”.

GDPR – 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 (General Data Protection Regulation).

Regulations – the content of these regulations.

Service – a service consisting in the execution of Payments, performed by PayPro on behalf of the User. The term Service also includes the Payment Transaction Initiation Service.

Account Provider  – a payment service provider providing the Account Provider Interface.

Account Provider Interface  – an online access channel to an Account provided by the Account Provider.

Account  – a payment account to which a transfer order can be made.

Payment Transaction Initiation Service (ITP Service)  – a payment service consisting in a one-off initiation of a payment order from the Account at the request of the Payer in order to pay the Recipient of Payment for goods or services or to deposit funds into the account of the Recipient of Payment.

Agreement  – ​​an agreement between the Payer and PayPro covering the terms and conditions of the Payment Transaction Initiation Service concluded under the terms and conditions set out in the Regulations.

§ 1. General provisions

  1. These Regulations define the terms and conditions of providing Users with the possibility of making Payments via the Website, including using the ITP Service, which is regulated in detail in § 1¹ of the Regulations.
  2. The Przelewy24 service provides Customers with various methods of making Payments, accepts Customer Payments, confirms to the Seller that the Payments have been made and transfers these Payments to the Seller’s account.
  3. Each Payment initiated on the Przelewy24 service receives a unique Payment number and password assigned by the Service. The Customer should keep this number and password for the purposes of checking the status of this Payment, paying via the prepayment function resulting from this Payment and for complaints about the Payment.
  4. Each payment made to one of the bank accounts of PayPro or its Payment Agent is dedicated to the execution of only the Payment whose number was entered as the title of the payment. In the event of providing an incorrect Payment number in the title of the transfer, PayPro is not responsible for the purpose for which the funds are paid. The second sentence of this section does not apply to the ITP Service.
  5. If the Payment is made using a method other than the ITP Service, the Customer is given a time specified in the transaction panel to make the Payment on the website. During this period, the Website waits for confirmation of the Payment. After receiving confirmation, the Website informs the User and the Merchant’s system about the correct payment.
  6. In the case of a payment order received on a day that is not a Business Day, the day of receipt of the payment order is the first Business Day following that day.
  7. PayPro may suspend or refuse to perform the Service if it has reasonable doubts as to the legality of the payment, including its possible connection with money laundering or terrorist activity. A payment transaction made using a payment card may be suspended or rejected for the reasons indicated in the preceding sentence, including when the Payment is made in a country other than the country in which the Payer’s card was issued.
  8. PayPro reserves the right to suspend or refuse to provide the Service in the event of a breach of the provisions of these Regulations or if there is a reasonable suspicion that the Payment is inconsistent with the provisions of the law or the provisions of the Regulations.
  9. PayPro shall not be liable for any damage incurred by the Payer due to the suspension or refusal to process Payments for the reasons indicated in § 1, paragraphs 7 and 8.
  10. Confirmation of Payments on the Przelewy24 service is provided by Intermediary Institutions:
    1. for Payments using payment cards or electronic wallets – servers of the operators of these payments cooperating with the Przelewy24 service
    2. for Payments by transfer and via the ITP Service – bank transfer automation programs or the service’s own bank account history control programs.
  1. The Service does not guarantee the execution of Payments in real time in the case of:
    1. verification of Payments in accordance with the provisions of paragraph 15 of this Section,
    2. failure of the system of the Intermediary Institution or Account Provider, technical breaks on the part of the Intermediary Institution or Account Provider, attempts to make a Payment outside the hours of posting internal transfers of a given bank or changes made on the part of the Intermediary Institution that affect the operation of the service. Claims resulting from the above circumstances are available to the Payer against the Intermediary Institution or Account Provider, in accordance with the agreement concluded by the Payer with the Intermediary Institution or Account Provider and in accordance with the applicable provisions of law.
  2. The Service does not guarantee that the Payment will be made in real time if the User does not follow the instructions visible in the transaction panel and on the websites of Intermediary Institutions or the Account Provider when making the Payment.
  3. PayPro shall not be liable for any unexecuted or delayed Payments if this was caused by incorrect or incomplete data provided by the User, or was caused by events beyond PayPro’s control. The User is obliged to notify PayPro of any such unexecuted or unauthorized Payment.
  4. The intermediation of Przelewy24 in transferring Payments through the Service accounts does not entitle the User to claim interest on payments temporarily placed on the Service accounts.
  5. A transaction with the Verified status is subject to assessment based on criteria established by PayPro in connection with financial security measures used to prevent fraud, as well as counteract money laundering and terrorism financing. The verification time may last until the end of the Business Day following the day the Payment is recorded on the Website. In the event of positive verification, the Payment will be made available to the Merchant. In the event of negative verification, it will be transferred for refund to the Payer’s account or retained so that the competent authorities can take further action in accordance with the provisions on counteracting money laundering and terrorism financing.
  6. Przelewy24 is not a party to the agreement or legal relations between the Payer and the Merchant, in particular the sales agreement, and does not bear any liability in this respect. In particular, it does not bear any liability for the non-performance or improper performance of the obligation by the Merchant, nor towards the Merchant for the non-performance or improper performance of the obligation by the Payer.
  7. Prepayments
    1. The Payer, in accordance with the status of the transaction To Use, can pay on the Service with a Prepayment created in a given store. For this purpose, after selecting the product (service), they must remember the Payment number and password indicated on the Service’s payment page. Then, they should pay the required amount in any way and to any Przelewy24 Service account, providing the Payment number as the subject of the payment.
    2. The Service may create a Prepayment automatically from a payment made by the Customer, if the confirmation of this payment has reached the Service after the waiting time. Then the Payer may use this Prepayment to pay by repeating the purchase. If within 2 hours from the time of starting the Payment on the Service, the Payer does not receive information about the created Prepayment or confirmation of the transaction, this Payment should be complained to the Service staff.
    3. Payments at the Post Office are processed within 1 business day from the moment the payment appears in the Przelewy24 bank account.
    4. Prepayment can be used by the Payer to make a Payment only if the Prepayment amount is equal to the purchase amount. Using Prepayment as a payment method requires knowing the Payment number and the password of this Prepayment.
    5. The Prepayment status can be checked on the Service website: https://secure.przelewy24.pl/przedplata
    6. The prepayment may be automatically transferred to a specific Merchant, without the need for the Payer to intervene, if this is in accordance with additional arrangements between the Payer and the Service.
    7. The Payer’s prepayment not used within 30 days from the date of its appearance in the Service’s bank account is returned to the User, minus the costs of the return. The Payer may request an immediate return of the prepayment.
  1. The cost of returning an incorrect payment and a prepayment created by transfer is PLN 2 (two zlotys). In the event of an incorrect payment or prepayment made by the Payer by postal money order, the cost of the return is increased by the fee for the money transfer to the Payer’s postal address, according to the price list of Poczta Polska. In the event of an incorrect payment or prepayment made by the Payer by payment card, the cost of the return is 2.9% of the value of the prepayment. In the event of returning an incorrect payment or prepayment to an account outside Poland, the cost of the transfer is covered by the recipient. The cost of returning to an account outside Poland is PLN 30 (thirty zlotys).
  2. Any interference with the Service’s IT systems and the use of the payment instrument by an unauthorized person or about whom PayPro has a reasonable suspicion of such unauthorized use are prohibited.
  3. The User wishing to use the Service is obliged to comply with the provisions of the Regulations and legal provisions, as well as to use his/her true data.
  4. In some cases, the Payer, when making a Payment, is required to pay a one-time service fee to PayPro, which will be added to the amount of the Payment Transaction. The Payer is informed about the amount of the fee when making an individual payment to the Merchant using the Service.
  5. If the Payer is a taxpayer within the meaning of the Act of 11 March 2004
    on tax on goods and services, the following special provisions shall apply to Payments made by him using the split payment mechanism provided for in that Act (so-called split payment):
    1. PayPro explains that not all payment methods made available to the Payer when initiating a payment on the website of a given Seller allow the use of the split payment mechanism; in particular, the use of this mechanism is not possible with payment methods not based on a transfer (e.g. card payment);
    2. The payer should each time assess the justification, purposefulness and correctness of using this mechanism;
    3. the choice of payment method is solely up to the Payer and the Payer alone decides whether to apply the split payment mechanism, including when the use of this mechanism is mandatory;
    4. when the Payer makes a Payment using the split payment mechanism, he or she should exercise due diligence to ensure that the data provided by him or her in the transfer message made available to him or her by his or her bank is consistent with the data from the invoice issued by the Merchant documenting the Payment using the mandatory split payment mechanism;
    5. in a situation where, as a result of the Payer’s use of the split payment mechanism, any part of the Payment is transferred to the PayPro VAT account, then PayPro – within the meaning of the regulations – is a person other than the taxpayer indicated on the invoice, and therefore PayPro will be entitled to perform the actions referred to in art. 108a sec. 6 of the Act of 11 March 2004 on the tax on goods and services, and therefore it is entitled to make the payment to the VAT account of the Merchant indicated on the invoice (if it has the appropriate data) or to refund the received payment to the VAT account of the Payer – the taxpayer from whom the payment was received in the amount received to the VAT account; the choice of action to be taken by PayPro rests with PayPro;
    6. PayPro shall not be liable to the Payer in the event of non-performance or improper acceptance of the Payment to the Merchant, if the non-performance or improper performance results from PayPro’s compliance with the provisions related to the application of the split payment mechanism, in particular if, pursuant to art. 108a sec. 6 of the Act of 11 March 2004 on the tax on goods and services, PayPro refunds the payment to the Payer, as a result of which the Payment to the Merchant will not be made.

§ 1 ¹. Payment Transaction Initiation Service (one-time transaction initiation)

  1. PayPro shall provide the ITP Service to the Payer only if such Service is selected at the stage referred to in paragraph 4 letter a). If a Payment method other than the one based on the ITP Service is selected at this stage, the provisions of the Regulations relating to the ITP Service shall not apply.
  2. The person ordering the initiation of a payment transaction on behalf of another person, including a legal person or an organizational unit, should have full legal capacity and be authorized to perform activities that are the subject of the ITP Service. By using the ITP Service, the person ordering the initiation of a payment transaction on behalf of another person declares that they meet the criteria specified in the preceding sentence.
  3. The ITP Service is provided by PayPro without charging the Payer any fees, unless the Payment Recipient charges the Payer a fee for using specific payment methods. In such a case, the Payer is informed of the amount of any fee that will be charged to the Payer before ordering the ITP Service. Any fees charged or exchange rates applied by the Account Provider are specified in the agreement between the Payer and the Account Provider.
  4. In order to use the ITP Service, the Payer should:
    1. on the Service’s website or on the Recipient’s website, select the option to make a Payment using the ITP Service; PayPro clearly marks payment methods based on the ITP Service; methods not marked in this way are not based on the ITP Service
    2. select your Account Provider from the list available after redirecting the Payer to the PayPro website;
    3. accept the Regulations and provide the data and make declarations of intent necessary for the provision of the ITP Service.
  1. Upon acceptance of the Regulations by the Payer, the Agreement is concluded.
  2. PayPro initiates the payment transaction in accordance with the unique identifier, which is the Account number specified in the agreement between PayPro and the Recipient.
  3. When providing the ITP Service, PayPro initiates a payment transaction immediately, no later than within [15 minutes] of receiving a complete set of required data. The maximum time of execution of a payment transaction is specified in the agreement between the Payer and the Account Provider. PayPro does not guarantee the initiation of a payment transaction within the time referred to in the first sentence of this paragraph in the case of transaction verification in accordance with the provisions of paragraph § 1 paragraph 15 of the Regulations.
  4. PayPro refuses to initiate a payment transaction if:
    1. The Payer has not authenticated or has not provided authentication data in accordance with paragraph 7 or the authentication data is incorrect, outdated, incomplete, blocked, restricted or for other reasons does not enable authentication in the Account Provider Interface;
    2. The Account Provider has refused PayPro access to the Account or access to the Account is impossible for other reasons;
    3. initiating a payment transaction from the Account would result in illegal or unauthorised access to the Account;
  5. PayPro, when using the Bill Provider Interface, relies on authentication procedures provided to the Payer by the Bill Provider. When using the ITP Service, the Payer should authenticate themselves to the Bill Provider and authorize the payment transaction initiated by PayPro, and if the method of using the Bill Provider Interface requires it – provide PayPro with the authentication data necessary to initiate the payment transaction.
  6. The use of the ITP Service is permitted only for purposes consistent with legal provisions and the Regulations.
  7. The Payer is prohibited from initiating payment transactions if the Payer is not authorized to dispose of the funds in the Account.
  8. The Payer cannot revoke the payment order after giving PayPro consent to initiate the payment transaction. In the event that the Payer revokes the payment order or does not execute it for other reasons, PayPro may claim the amount of the payment transaction from the Payer.
  9. The principles of the Account Provider’s liability for unauthorized payment transactions initiated against the Account are specified in the agreement between the Payer and the Account Provider.
  10. It is prohibited to transmit illegal content using the ITP Service.
  11. The law applicable to the Agreement and to the relations between PayPro and the Payer before the conclusion of the Agreement is Polish law. If the Payer is not a consumer, the provisions on payment services, the exclusion of which in relations with entities other than consumers is permissible in accordance with these provisions, do not apply to the Agreement.
  12. The Payer may withdraw from the Agreement without giving reasons and without paying any penalty in this respect
    within 14 days from the date of its conclusion. The deadline is considered to have been met if the declaration of withdrawal was sent before its expiry. The declaration of withdrawal should be submitted in writing or sent by e-mail to the following address: serwis@przelewy24.pl . The right to withdraw from the agreement shall not be granted to the consumer in the event of the full performance of the ITP Service by PayPro at the consumer’s request before the expiry of the deadline referred to in the first sentence of this section.

§ 2. Complaints

  1. The User’s complaint may be submitted in the form of an electronic message sent to the address serwis@przelewy24.pl  or via the electronic contact form available on the website at: https://www.przelewy24.pl/reklamacje . The person filing the complaint may also submit the complaint in writing by post to the address: PayPro SA, ul. Pastelowa 8, 60-198 Poznań, or directly to the organizational unit indicated by PayPro, where the Customer Service Office is located. Complaints submitted verbally are also considered: by phone or in person for the record during the visit of the person filing the complaint at the PayPro headquarters.
  2. PayPro undertakes to consider the complaint within no more than 15 business days. The time for considering the complaint may be extended if additional information is required, but no longer than 35 business days from the date of receipt of the complaint.
  3. Detailed information on the procedure for filing and handling complaints is available at https://www.przelewy24.pl/reklamacje

§ 3. Final provisions

  1. Information regarding the right to pursue claims in court is included in the information regarding the complaints procedure referred to in § 2 section 3 of the Regulations.
  2. Information on the court competent to hear disputes between PayPro SA and the User is included in the information on the complaints procedure referred to in § 2 section 3 of the Regulations.
  3. Activities performed within the Przelewy24 Service are not banking activities. Joining the Service is not related to opening a bank account within the meaning of the Civil Code (Act of 23 April 1964 – Civil Code, Journal of Laws of 1964, No. 16, item 93, as amended) and the Act of 29 August 1997 – Banking Law (Journal of Laws of 1997, No. 140, item 939).
  4. It is prohibited to use the Website to process payments for the sale of goods or the provision of services that are inconsistent with the provisions of the law, in particular those that infringe the property rights of third parties, as well as those that are not permitted for commercial circulation in the European Union, as well as to use it to process payments for access to pornographic content.
  5. PayPro SA processes personal data in connection with the execution of payments via the Przelewy24 service. Data processing is carried out in accordance with the provisions of the law, especially the provisions of the GDPR. Detailed information on the processing of personal data, including the obligations and rights related to their acquisition and processing, is included in the information posted on the website https://www.przelewy24.pl/obowiazek-informacyjny-rodo-akceptanci .
  6. The administrator of personal data of Przelewy24 Service Users is PayPro Spółka Akcyjna with its registered office in Poznań at ul. Pastelowa 8, 60-198 Poznań.
  7. Persons making payments via Przelewy24 Service agree to receive confirmation of the Payment in the form of an email. The Service is obliged by law to send this information. At the request of the User, PayPro will deliver the above information in paper form to the address indicated by the User, however, this is associated with a fee in the amount resulting from administrative costs.
  8. PayPro informs that, in accordance with the provisions of law, after executing a Payment Transaction, it is obliged to immediately provide the Merchant as the Recipient of the Payment with information enabling the Recipient to identify the Payment Transaction and, where applicable, the Payer, as well as any other information provided to the Recipient in connection with the execution of the Payment Transaction. Therefore, providing this information to the Merchant in such circumstances will not constitute a breach of professional secrecy related to the payment services provided.
  9. If, when making a Payment Transaction, the User selects a payment method in which he or she will apply for a consumer credit from an Intermediary Institution, using which consumer credit will be used to pay the Merchant as part of this Payment, such selection will mean that the Payer instructs PayPro to transfer to such Intermediary Institution the Payer’s personal data collected in connection with the processing of this Payment, which data are necessary for this Intermediary Institution to take steps to conclude an agreement for this consumer credit and to release this credit in order to complete the Payment.
  10. The Regulations are made available to each User free of charge on the Service’s website or on the Merchant’s website before making a payment.
  11. PayPro reserves the right to change the Regulations. Changes will be effective from the date of their publication on the Service website.
  12. In matters not regulated in the Regulations, generally applicable provisions of law shall apply, including the Payment Services Act.