Regulations of the yriah.com online store
The STAR CHILDREN online store, available at yriah.com, is run by Anna Głowacz running a business under the name Add4you with the company's headquarters at Kopernika 4 street, 43-600 in Jaworzno city in Poland. Company entered into the Central Register and Information on Economic Activity
(Polish equivalent: CEIDG) conducted by the minister competent for economy, NIP 6321967022 REGON 242729274
These regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sale Agreement with the Consumer via the Store.
Section I. Definitions of selected terms.
Whenever the Regulations refer to:
1) "Regulations" - it should be understood as these Regulations;
2) "Regulations of the online store" - it ought to be understood as available on the website https://www.yriah.com
3) "Sellers" - it should be understood as ADD4YOU with its registered office in Jaworzno, ul. Kopernika 4, entered into the register of entrepreneurs.
4) "Customer" or, alternatively, "Buyer" - it shall be understood as a natural person, legal person or organizational unit without legal personality, but having legal capacity;
5) "Parties" - it ought to be understood jointly between the Seller and the Customer who concluded an agreement on the basis of the Regulations; the term "Parties" refers to each of these entities separately;
6) "Bookstore" - it ought to be understood as an online bookstore run by the Seller at www.yriah.com, selling products, including e-books available in its offer via the Internet;
7) "e-book" - it should be understood as an electronic book, i.e. e-book; a file with the content containing such a book can be saved in PDF, ePub, MOBI or other format offered by the Seller in the Bookshop, according to the information provided next to the e-book;
8) "basket" - it should be understood as a component of the Bookstore (this is what the nomenclature used on the Bookstore's website is the name of this component), which is used by the Customer to define the data regarding the order, which he creates based on the IT tools offered by the Seller's IT system;
9) "Consumer" - it should be understood as a natural person referred to in art. 221 of the Civil Code (in Polish Law);
10) "k.c." - it should be understood as the Act of 23 April 1964 Civil Code (in Polish Law);
11) "Copyright law" - it ought to be understood as the Act of February 4, 1994 on copyright and related rights (in Polish Law);
12) "Act on consumer rights" - it ought to be understood as the Act of 30 May 2014 on consumer rights (in Polish Law);
13) "website." - it should be understood as yriah.com.
Section II. General provisions.
1. The Regulations define the rules for purchasing e-books from the Seller via the Bookstore, including mutual rights and obligations of the Parties related to it.
2. The Regulations are available on the website https://www.yriah.com/ for every Internet user, including every Buyer.
3. The purchase of an e-book through the Bookstore can be made only by the Buyer who registers in the Bookstore before purchase or who already has an account there.
4. By placing an order through the Bookstore for the purchase of an e-book, the Buyer declares that he has read the Regulations and the Regulations of the online store and accepts both of these regulations without reservations.
5. In matters not covered by the Regulations, the Regulations of the online store shall apply accordingly.
6. In the event of a conflict between the content of the Regulations and the Regulations of the online store, the Regulations shall prevail.
7. In matters not covered by the Regulations and the Regulations of the online store, the provisions of civil law shall apply, including the provisions of the Civil Code, Copyright and the Act on consumer rights.
Section III. Submission, acceptance and execution of orders for e-books.
1. Subject to the provisions of point 3 of Section II of the Regulations, the Customer orders the e-book via the Bookstore, following the instructions and guidelines contained on the website www.yriah.com/
2. Electronic order form available on the website. specifies the data required to perform the order and the data of an optional nature.
3. The customer orders the e-book by selecting the title and file type (format) of his choice using the "Add to cart" option.
4. After correctly completing the electronic order form, the Customer should carefully read all the data entered there and click in the "Send" field. In the event of irregularities in completing the order form, the Seller's ICT system will send messages indicating errors or shortcomings that prevent the transition to the next stage of placing the order.
5. Subject to point 6 below, within 48 (forty-eight) hours from the delivery of the order to the Seller in the manner specified in point 4 above, the Seller's ICT system will generate and send to the Customer's e-mail address in its content, confirmation of the order indicating in particular such data as: the subject of the order, price, method of payment. After confirming the acceptance of the order, but before making the payment for its item, the Customer may still withdraw from the Agreement by sending the information "I am resigning from the order" to the following address: firstname.lastname@example.org with the number of his order, Customer's name and his e-mail address.
6. The Seller may - in the ordering process, through its ICT system - offer Regular Customers within the meaning of the Regulations of the Online Store, duly fulfilling their obligations towards the Seller, in particular, not in default with payment to him on any account, having too much paid subscription for the use of electronic products of the Seller or for the use of subscription to magazines issued by the Seller, payment by bank transfer, within 14 (fourteen) days from the date of providing the link to the ordered e-book. If the Customer, after offering him - in accordance with the above - payment by bank transfer, chooses this form of payment, the provisions of point 5 above will not apply to him. After the Seller has delivered the order by the Regular Customer who makes the payment by bank transfer, such Customer will immediately be provided with a link to the ordered e-book, subject to point 7 below. This link will be sent to the e-mail address provided by the Customer in the content of the order. The customer will also be able to download the above-mentioned. link in a different way, and that after logging into your account in the Bookstore (one unique link to a given e-book ordered, which can be downloaded from various sources) - within the scope of the license granted, subject to point 7 below. The transfer should be made on the basis of an invoice to the Seller's bank account indicated therein.
7. If it is not possible to complete the order, the Seller will inform the Customer about it by sending - in place of the order confirmation or link referred to in point 6 above - to the e-mail address provided by the Customer. If it turns out that the Customer has already made the payment, the Seller will refund the funds to the bank account from which the payment was made.
8. Subject to point 6 above, the payment should be made on-line, unless the Seller also proposes other forms of payment; the on-line payment rules are specified on the PayU.com - Online Payment Center website.
9. Subject to point 6 above, immediately, but not later than within 48 hours of making the payment for the ordered e-book, the Seller's ICT system sends the Customer a link to download it to the e-mail address provided by him in the order. The customer will also be able to download the above-mentioned. link in a different way, and this after logging in to your account in the Bookshop (one unique link to a given e-book, which can be downloaded from the two above-mentioned different sources) - within the scope of the license granted. Upon receipt of the above-mentioned link on the above-mentioned e-mail address is granted a license to use the e-book to which the link "leads", in accordance with the provisions contained in Section V of the Regulations. In the event of not receiving the above-mentioned the date of the link, the Customer may submit a complaint in the manner described in Section IX of the Regulations.
10. The Customer may download the ordered e-book immediately after enabling him to download it, in accordance with the scope of the license granted and other provisions of the Agreement, ie after sending an active link for this purpose to his e-mail address provided in the order. The number of computers or mobile devices for which the Customer can download the ordered e-book will be provided next to the e-book in its general provisions defining the scope of the license granted for its use.
11. The Seller declares that in the event the Customer discloses the link referred to in points 6 and 9 above, respectively, or the e-mail address (login) and password or data enabling access to the Customer's account in the Bookshop to a third party, this person may download the ordered e-book in place of the client; hence the customer is asked not to provide the above-mentioned link, password to the above-mentioned e-mail or data enabling reaching his account in the Bookstore. Downloading a file containing the ordered e-book via a link sent by the Seller to the Customer's e-mail address or downloaded from his account in the Bookshop is treated by the Seller as downloading this file by the Customer who ordered it.
12. Subject to point 10 above, after downloading the e-book five times, each of the links provided to the Customer, referred to in point 6 and point 9 above, respectively, will become inactive. The order is processed when the e-book is last downloaded.
13. The provisions of point 3 § 3 of the Regulations of the online store do not apply to orders for e-books.
Section IV. price.
1. The Seller declares that the total price for the purchase of one "piece" of a given e-book is given on the Bookstore's website next to the e-book. The price given there on the date of placing the order by the Customer is binding on the Parties.
2. The Seller provides on the Bookstore's website, in accordance with point 1 above, both the net price and the gross price, ie the price already including the tax on goods and services.
3. The customer makes the payment in accordance with the provisions of Section III of the Regulations.
4. In the case of online payment, if it does not take place within 14 (fourteen) days from the date of sending the order confirmation by the Seller, it means that the order has been canceled by the Customer and is treated as not submitted and non-existent.
Section V. License to use the e-book.
1. Each e-book offered through the Bookshop is a work within the meaning of the Copyright Law, and thus is protected by this law.
2. The Seller is entitled to grant a license or a further license (sub-license) for the use of the e-book purchased by the Customer via the Bookstore, depending on whether the Seller is entitled to only a license or proprietary copyrights to the e-book. In the text of the Regulations, both a license and a further license (sublicense) are referred to as a license, without distinction as to whether it is a license or a sublicense.
3. The scope of the license granted for the use of the e-book, including the period of its validity, may differ for different e-books.
4. On the date the Seller sends to the e-mail address provided by the Customer in the order, the links referred to respectively to the method of payment in point 6 and point 9 of Section III of the Regulations are granted to the Customer who placed the order, a license to use the e-book covered by its content, to the extent specified in the Regulations and provisions specifying the scope of the licenses listed on the Bookstore's website next to this e-book, in particular, which specify:
- the permissible number of downloads of one e-book; in the absence of such a provision in the description next to the e-book, it is assumed that the Buyer may download the e-book 3 times;
- the method of securing the e-book, which may affect the scope of its use by limiting the scope of what the Customer accepts when concluding the Agreement; therefore, before placing an order for a given e-book, the Customer should carefully read the information about the security;
- no right or right to copy the text of the e-book or a certain number of characters; in the absence of information on this subject, it should be assumed that the downloaded e-book cannot be copied;
- the right or no right to print the text of the e-book; in the absence of information on this, it should be assumed that such a right does not apply;
- other elements, if provided next to the e-book. (The Seller asks each Customer to read both the Regulations, the Regulations of the online store, and the provisions clarifying the content of the license, provided on the Bookstore's website next to this e-book, before placing an order).
5. License to use the purchased e-book:
- it enables its use only by the Customer to whom the license has been granted, for his own internal use, subject to further restrictions set out in the Regulations and / or in the provisions next to the e-book on the Bookstore website, including the technical safeguards used by the Seller, non-exclusive and non-transferable. It is stipulated that the license may expire if the Seller loses the right to grant it, e.g. as a result of the expiration of his copyright to use the e-book in the field of use necessary to grant a further license on the terms set out in the Regulations or in the event of the Seller's termination of proprietary copyrights. to him on the above-mentioned field of exploitation.
6. Subject to the mandatory provisions of the Copyright Law, the Customer is not entitled to: distribute or share the purchased e-book, its fragments, its / their copies, use it / its copy for commercial purposes, make changes or any kind of modification of the e-book, remove e-book errors.
7. A customer who has purchased an e-book has no right to grant further licenses for its use.
8. The customer should ensure that no unauthorized person uses the e-book purchased by him.
9. A given license to use the e-book allows its use only to the extent that has been expressly specified by the Seller, taking into account the provisions of point 6 above. You cannot presume or derive any other rights on the part of the customer who purchased the e-book.
Section VI. E-book security.
1. Each e-book can be protected against illegal copying with a watermark (watermark) or encrypted with a password (PDF). Information about the form of the security, if used, will be provided in the description of the e-book.
2. Each e-book has information about its security.
3. The e-book protection must not be removed. The customer who purchased the e-book undertakes not to remove its security.
Section VII. Termination of the contract.
1. As a result of the Customer placing an order for the Seller for an e-book and confirmation of its acceptance by the Seller electronically, the contract is concluded on the terms described in the Regulations, hereinafter referred to as the "Agreement". In the case of payments made by bank transfer for the same confirmation of order acceptance, sending the Customer a link enabling the download of the e-book constituting the subject of the order to the e-mail address provided by him in the order or providing the link in the customer's account on yriah.com; in this case, the Agreement is concluded on the date of making this link available.
2. Unilateral termination of the Agreement by a Customer who does not have the status of a Consumer is governed by applicable legal provisions, with the proviso that such a Customer may not withdraw from the Agreement or terminate it in any other way when:
- paid for its item, even part of the amount, nor
- when he downloaded the ordered e-book.
Section VIII. Complaints.
1. The Customer has the right to submit a complaint by e-mail to the e-mail address email@example.com, in writing to the following address: ADD4YOU's current headquarters with the note "Complaint regarding the e-book", in the event of problems with downloading the ordered e-book or its opening, in in particular when:
- the downloaded file containing the e-book turns out to be damaged,
- within 48 hours from the moment of payment, the Customer will not receive a link to the e-mail address provided by him, enabling the e-book to be downloaded in accordance with the scope of the license granted to him.
2. The complaint should include, in particular, a description of the problem that the customer reports, the name and surname of the person submitting the complaint on behalf of the customer, the order number to which the notification relates, as well as the method of contact with the customer (e-mail address, telephone number, fax number, or address for correspondence). The Seller reserves the right to contact the Customer using the contact details provided by him.
3. Subject to point 4 below, the complaint will be settled within 14 (fourteen) days from the date of the correct notification.
4. Complaints submitted after one year from the date of expiry of the deadline in which the link enabling the download of the e-book should be delivered to the Customer in accordance with the Regulations, shall not be considered.
Section IX. Consumer regulations.
1. Unless otherwise stated in these Regulations, the following provisions shall apply only to Buyers who are Consumers. To the extent not regulated in this paragraph, the provisions of the Act on consumer rights apply to contracts concluded between the Seller and the Consumer.
2. By placing an order for the purchase of an e-book, the Customer who has the status of a Consumer agrees to the commencement of the provision of the service covered by its subject before the deadline referred to in paragraph 3.
3. Subject to the provisions of sec. 8. The consumer has the right to withdraw from the contract without giving any reason. The period for withdrawal from the contract begins from the date of the contract and ends with the receipt of the electronic book.
4. The consumer may withdraw from the contract by submitting to the Seller a declaration of withdrawal from the contract. To meet the deadline, it is enough to send a statement before its expiry.
5. The Seller is obliged to immediately send the Consumer to the e-mail address provided by him confirmation of receipt of the declaration of withdrawal from the contract submitted in the manner referred to in paragraph 4.
6. The seller does not offer a refund for the purchase of e-books. The e-book purchased and sent to the customer's e-mail is not returnable, as it is a non-physical product (the removal of the e-book from the customer's disk cannot be proved).
8. The right to withdraw from the contract is not available to the Consumer in relation to the contracts referred to in art. 38 of the Act, and in particular to e-book sales contracts, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
10. The provisions of the Regulations, which would limit the consumer's rights, resulting from mandatory provisions of law, do not apply to him.
11. It is stipulated that the Consumer is not bound by these provisions of the Regulations:
and). which constitute prohibited contractual provisions within the meaning of the Civil Code (Art. 3851 - Art. 3853 of the Civil Code) whether they violate the mandatory provisions of law regarding the conclusion of contracts with consumers,
b). which were included in the register of provisions of standard contracts deemed illegal, kept by the President of the Office of Competition and Consumer Protection.
Division X. Final Provisions.
1. The Customer is obliged to equip the equipment he will use to gain access to the Seller's ICT system with an anti-virus program and update it on an ongoing basis.
2. The Customer is forbidden to upload illegal content to the Internet.
3. The Customer has no right to remove the technical safeguards used by the Seller as part of his IT system or as part of the e-book covered by the subject of the Agreement.
4. The Customer may not, without the written consent of the Seller, transfer the rights and / or obligations under the Agreement to a third party.
5. The contract is subject to Polish law.
6. The Seller has the right to change the telephone number and websites. and other addresses provided in the Regulations by sending information on this subject to the Customer who concluded the Agreement to the e-mail address (given addresses) provided by him or by posting them in the content available on the website. Of the Regulations.
7. The court competent to settle any disputes arising from the Agreement is the court competent for the seat of the Seller. The change of jurisdiction of the court does not apply to Agreements concluded with Consumers.
8. The Seller's liability under the warranty for defects in e-books is excluded. This provision does not apply to e-books purchased by Consumers.
9. Subject to mandatory provisions of law, the Seller's legal liability for any damage caused by the use or inability to use the e-books that are the subject of the Agreement, including their defects, is excluded. The above provision does not apply to liability towards Consumers.
10. The Regulations enter into force on August 8, 2021 and apply to all orders placed on and after that date.