REGULATIONS

REGULATIONS OF ELECTRONIC SERVICES

I. Preliminary provisions and corporate details.

2. The subject providing electronic services via Internet websites: http://www.yeti.com.pl/, http://www.yet.com.pl/, http://www.warmthunlimited.com/ is Elsel spółka z ograniczoną odpowiedzialnością sp.k., ul. Wojnicka 2, 03-774 Warsaw, with Tax Identification Number NIP: 1132862905, Statistical Number REGON: 14654656200000, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0000451680, hereinafter referred to as the “Service Provider”.

3. It is possible to contact the Service Provider using the e-mail address: sales(at)yeti.com.pl, by phone: +48 (22) 670 12 53, by fax: +48 (22) 618 33 01 or by written correspondence at the address: ul. Wojnicka 2, 03-774 Warsaw.

4. These Regulations of Electronic Services, hereinafter referred to as the “Regulations", define the rules for the Customers using the services provided by the Service Provider via Internet websites mentioned in clause 1 (“Internet Store”).

5. The subject matter of the Service Provider’s activity is the sales of tourist accessories, women’s and men’s clothing, sleeping bags as well as expedition and tourist equipment (“Goods") i.a. via Internet. Information on the goods and services shall be uploaded by the Service Provider in the Internet Store.

6. The provisions of these Regulations, pursuant to the Service Provider’s intention, do not attempt to exclude or limit any Customer rights (particularly as regards the Customer who is a Consumer – i.e. a natural person who acquires a products for the purpose not related to their business or professional activity), granted to them pursuant to legal provisions. In case of a discrepancy between the provisions of these Regulations and the mandatory legal provisions, instead of the relevant provisions of the Regulations, the corresponding provisions of the mandatory law shall be applied.

7. In order to submit an effective Purchase Order with the Internet Store, it is necessary to have a device with Internet access. The recommended resolution of the monitor is at least 1024x768, as well as the updated version of the Internet browser: Mozilla Firefox, Google Chrome, Opera, Safari, Internet Explorer with activated Java Script and cookies management.

8. In order to submit orders, it is necessary to have an active e-mail account.

9. The Customer is obliged to submit data consistent with the actual and legal status, to the best of their knowledge.

10. The Customer must not provide illegal content. If the Service Provider receives an official notice or a reliable message concerning the illegal nature of the stored data submitted by the Customer, the Service Provider shall have a right to prevent the Customer from having access to this data.

II. Terms and conditions of entering into the agreement.

1. Announcements, advertisements, price lists and other information addressed to the general public or to particular people, especially descriptions, technical and performance parameters and prices constitute an invitation to conclude an agreement, in the meaning of art. 71 of the Civil Code.

2. In the Internet Store there is information concerning in particular the properties of the Goods, their prices, materials the Goods are made of etc. The photographs of the offered products are meant to present the particular models of the Goods they illustrate.

2. The price of the Goods indicated in the Internet Store is provided in Polish zlotys or in euros and it contains all the components, including VAT as well as customs duties and charges.

3. The price of the Goods does not include the delivery costs, which, if applicable, are defined during the submission of the order, pursuant to the Customer’s choice.

4. The price of the Goods visible in the Internet Store is binding at the moment when the Customer places the order. This price shall not be subject to change, regardless of price changes in the Internet Store which may occur with regard to particular products after the Customer has placed the order.

5. The Goods may be ordered through the Internet website – using the mechanism of the Internet Store. The Internet Store accepts the orders round the clock, on all days of the week.

6. In order to conclude an agreement with the mechanism of the Internet Store, it is necessary to select the Goods and log in or submit the mandatory details, and then complete the information pursuant to the messages shown to the Customer in the tabs related to the subsequent four stages of the order (i.e. the address for shipment, method of shipment, payment method and order confirmation). Confirming the order by the Customer with the button “Confirm the order” is tantamount to the acceptance of the obligation to make the payment of the Goods price and the delivery costs, of which the Customer is informed immediately before confirming the order.

7. During the procedure of placing the order, it is necessary to indicate the following data mandatory for effective submission of the order: name and surname, address for delivery and address for service (if these two differ), country, phone number and e-mail address. The Service Provider reserves the right to refuse to execute the order if the data submitted is inaccurate to the extent that makes it impossible to execute the order, and in particular to deliver the Goods. Before refusing to execute the order, the Service Provider shall attempt to contact the Customer in order to determine the data so as to make it possible to execute the order.

8. During the procedure described in clause 7, the Customer may also create the account which enables logging at a later time without the need to provide the data mentioned in clause 7. In order to create the Customer account, one should launch the Internet website http://www.yeti.com.pl/pl/component/virtuemart/user-registrationand fill in the form and then provide the e-mail address, enter the name of the account (user ID) and define the password.

9. After placing the order, the Service Provider shall verify the availability of the Goods and immediately confirm the reception of the order. The confirmation of the order reception and accepting the order for execution is done by sending a relevant information to the Customer at the e-mail address provided during registration, which constitutes the representation of the order acceptance and causes the Customer to be bound with the representation made – as of this moment, it is deemed that an agreement has been entered into between the Customer and the Service Provider.

10. When placing an order via the Internet Store, until the order is confirmed by the Customer, the Customer can modify the uploaded data. To this end, it is necessary to follow the messages shown to the Customer and information available on the Service Provider’s website.

11. If it is impossible to execute the order, the Service Provider will inform the Customer of this fact no later than within 21 days of placing the order by the Customer. The notification shall be sent to the e-mail address indicated by the Customer in the order form. If the Customer has paid for the order mentioned in the previous sentence, the Service Provider will refund the paid amount.

12. If it is impossible to execute part of the order, mentioned in clause 4 above, the Customer shall be informed of the order status and shall make the decision on the execution mode. The Customer shall have the following options:

1. partial execution – if the Customer selects this option, the order will be executed only with regard to the available goods;

2. cancelling the whole order.

2. If no payment has been made for the ordered Goods within 14 days of placing the order, the Service Provider shall cancel the order, of which the Customer shall be informed by sending a message to the e-mail address provided by the Customer.

3. A limited amount of Goods shall be available in promotional sales or price reductions. The orders are executed according to the order of receiving the placed orders, until the stock included in this form of sales in the Service Provider’s inventory is exhausted.

3. Order execution and forms of payment.

1. If an agreement is concluded, the Goods shall be delivered at the time indicated by the Service Provider to the Customer in the specification of the product purchased by the Customer. If a few Goods have been purchased with various delivery dates, the delivery shall be executed at the latest of these dates.

2. The Service Provider delivers the Goods pursuant to the Customer’s choice:

1. by releasing the Goods to the Customer who collects them from the seat of the Service Provider,

2. by courier, to the address indicated when placing the order. In this case, the delivery date shall be extended by the period needed by the courier company to deliver the order.

3. The Customer may select from the following forms of payment for the ordered Goods along with the delivery:

1. payment on collection in the store in ul. Wojnicka 2 or payment to the courier (cash upon delivery) in case of orders delivered in Poland; in this case, the order execution starts after the end of the process of order placement,

2. bank transfer, electronic wire transfer, payment card in one of the electronic payment systems accepted by the Service Provider. The execution of the order commences after the Service Provider has received a confirmation of correct payment operation from the payment operator, and in case of a bank transfer – after the payment has reached the Service Provider’s bank account kept by Bank Zachodni WBK with the number 49 15001272 1212 7007 3436 0000.

4. The delivery is possible on the territory of the Republic of Poland, within the European Union and to other countries.

5. Delivery costs depend on the delivery mode selected by the Customer and on the place of delivery.

4. Right of withdrawal.

1. Having entered into an agreement, the Customer who is also a Consumer may withdraw from it without providing a reason, by submitting a relevant representation in writing within 14 (fourteen) days of the date when the Goods were released. In order to comply with this deadline, it is sufficient to send the representation before the expiry of this period. The abovementioned right may be exercised by the Consumer by sending the representation of withdrawal to the Service Provider’s address as stated in clause I.1. of the Regulations.

2. In order to submit the representation of withdrawal from the agreement, the Consumer may use a template of withdrawal form, which constitutes attachment number 2 to the Law of 30 May 2014 on consumer rights. The completed representation form should be sent to the address mentioned in clause I.1. or to the e-mail address sales(at)yeti.com.pl and the Goods should be returned to the Service Provider. The Service Provider shall immediately send the Customer the e-mail confirmation of having received the representation of withdrawal.

3. If the Customer who is also a Consumer withdraws from the agreement, the agreement shall be deemed null and void, and the Customer shall be released of all obligations. What the parties have provided shall be returned in unchanged condition, unless a change was necessary within normal management of the object. The Goods should be returned immediately, no later than within 14 days of sending the representation of withdrawal. The Internet Store shall reimburse the Customer with all payments received from them, including the delivery costs, except for any additional costs following from the fact that the Customer has selected a delivery mode other than the cheapest ordinary shipment mode offered by the Internet Store.

4. The Service Provider shall reimburse the payment with the same payment mode as the one used by the Consumer, unless the Consumer has expressly submitted a written or electronic representation in which they agree to have the payment reimbursed in another form, which may not entail additional cost for the Consumer.

5. The Customer shall bear the direct cost of returning the Goods to the Service Provider.

6. The Consumer’s right to withdraw from the agreement is not valid in the case of:

1. service provision, if the entrepreneur has fully performed the service following an express consent of the consumer, who has been informed before the commencement of the service provision that after the performance by the entrepreneur, the right to withdraw from the agreement shall be lost;

2. an agreement who subject matter is a non-prefabricated object, manufactured according to the consumer’s specification or intended to satisfy the consumer’s individualised needs;

3. an agreement concluded through public auction;

4. an agreement whose subject matter is an object delivered in a sealed package, which may not be returned after opening the package due to health protection or for hygienic reasons if the package has been opened after delivery;

5. an agreement whose subject matter includes objects that are inseparably connected with other objects after delivery, due to their character.

5. Warranty and complaint procedure.

1. The products offered by the Service Provider are brand new and original. The Service Provider is liable towards the Customer who is also a Consumer for physical or legal faults of the goods pursuant to the rules stipulated in the Civil Code. The Customer may at his/her discretion take advantage of the guarantee rights with the guarantor (manufacturer, distributor) pursuant to paragraph VI of the Regulations and exercise the rights that can be enforced with the vendor due to warranty as described below.

2. If a fault is found with the goods, the Customer has a right in particular to offer a complaint within 2 (two) years of the date when the goods were delivered and 1 year of the date when the fault was found.

3. If the Goods are defective, the Customer may offer a representation of price reduction or withdrawal from the agreement, unless the Service Provider immediately and without excessive inconvenience to the Customer replaces the defective Goods with a product free from defects or removes the defect. This limitation is not applicable if the Goods have already been replaced or repaired by the Service Provider of if the Service Provider has not complied with the obligation to replace the fault product or remove the defect.

4. If the Customer is a Consumer, he/she may demand a replacement instead of the removal of a defect as proposed by the Service Provider or demand a removal of a defect instead of product replacement, unless compliance with the agreement in the way selected by the Consumer is impossible or would entail excessive expense as compared to the manner proposed by the Service Provider. When assessing the excessive costs, the value of Goods free from defects is considered, as well as the type and significance of the defect discussed, and any inconvenience that would result for the Consumer from another settlement mode.

6. The Customer may not withdraw from the agreement if the defect is immaterial.

7. Complaints including the description of the defect of the Goods should be submitted in writing to the company’s address indicated in clause I.1. of the Regulations or via e-mail to the address: sales(at)yeti.com.pl.

8. If a defect is found, the Goods should be sent to the Service Provider’s seat as indicated in clause I.1. It is recommended that before sending the disputed product, the Customer should contact the Service Provider via e-mail: sales(at)yeti.com.pl or by phone, calling the Sales Department under the number +48 (22) 670 12 53.

9. The disputed Goods should be accompanied with the evidence of purchase and the guarantee card (provided the Customer wants to exercise the guarantee right and provided the card has been attached to the purchased product). It is recommended that the Customer provide his/her phone number, should it be necessary to agree upon the manner of settling the complaint.

10. The Service Provider shall immediately relate to the demands submitted by the Customer, but in any case no later than within 14 days of receiving the goods. If the matter requires additional technical expert examination performed by external companies, this period may be extended following the Customer’s consent. If the Customer does not agree to the extension of the period for examining the complaint, if the Service Provider does not relate to the Customer’s demands within 14 days, it is deemed that the Service Provider considered the demands legitimate. The Service Provider’s reply regarding the complaint is sent to the address specified by the Customer or in another way as indicated by the Customer.

11. The Service Provider shall not be liable for the damage caused by incorrect use of the goods, contrary to their purpose, or following from natural wear and tear.

12. The Service Provider shall not be liable for the failure to reimburse the due amount or for any delay in doing so, if such failure or delay is the consequence of the Customer providing incorrect personal details (name, surname, address) or a wrong bank account number.

6. Guarantee and guarantee procedure.

1. All goods sold by the Service Provider through the Internet Store are covered by at least one-year manufacturer’s guarantee.

2. The guarantee does not cover mechanic damage due to external reasons, occurred during transport. It is recommended that the Customer check whether the package has not been damaged in transport before accepting the products. In particular, it is recommended to pay attention to the tapes or seals attached to the package.

3. If the package has signs of damage or when seals (tapes) are broken, the Customer should not accept the delivery. In this situation, a damage report should be prepared in the presence of the courier and the Service Provider should be contacted immediately in order to explain the issue.

4. The Service Provider informs that in the case of goods covered with the guarantee, the Customers’ rights in this respect should be exercised pursuant to the conditions specified in the guarantee card. The guarantee for the sold goods does not exclude, restrain or suspend the Customer’s rights under warranty to the extent stipulated in the provisions of the Civil Code.

7. Data privacy.

1. Personal data administrator for the data obtained with regard to the execution of orders and conclusion of agreements with the Customers shall be the Service Provider.

2. The Customer’s personal data is processed only to the extent necessary to conclude, form the content, modify or terminate the legal relationship between the Customer and the Service Provider.

3. The Service Provider may also process other data related to the Customer which is not necessary for the purpose of electronic service provision and which may be used for:

1. Service settlement and complaint enforcement due to payment for using the service,

2. Advertising, marketing purposes, market research and studying the service recipients’ behaviour and preferences, whereas the results of such research is meant to be used for improving the quality of services provided by the Service Provider, following the Customer’s consent expressed in a separate representation,

3. Necessary for explaining the circumstances of prohibited use of the service.

4. The Service Provider processing the data undertakes to take special care in order to protect the interests of the Customers the data refers to, and in particular ensure that the data is:

1. processed in accordance with the law,

2. collected for the designated purposed consistent with the law and not subject to further processing contrary to those purposes, subject to the exceptions stipulated in the legal provisions,

3. substantially correct and adequate with reference to the purposes for which it is processed,

4. stored in the form that enables the identification of the Customers the data refers to, for a period no longer than necessary in order to achieve the purpose of the processing.

5. The Service Provider uses technical and organisational measures ensuring the protection of the processed personal data adequate for the threats and data categories covered by such protection (data transmission is done via a secure connection – SSL protocol), and in particular safeguards the data against being shared with unauthorised people, against being taken by an unauthorised person, against unlawful processing and against modification, loss, damage or destruction.

6. The Service Provider reminds that providing personal data is voluntary. The Customer has a right to control the processing of data that refers to him/her and is included in data sets, and in particular to obtain information on the purpose, scope and manner of processing the data included in such a set, to demand the supplementation, update, rectification of personal data, to demand that data processing be temporarily or permanently withheld or to demand that the data be removed if it is incomplete, outdated, false or if it has been collected contrary to the act, or if it is no longer necessary for the achievement of the purpose for which it was collected.

8. Final provisions.

1. The Customers may gain access to the Regulations free of charge at any time via a link placed on the Service Provider’s home page: www.yeti.com.plunder the title “Regulations”, where they can download it and print it out. The above guarantees the possibility to become familiar with the content of the Regulations before concluding the agreement.

2. The updated Regulations is also available under the address: www.yeti.com.pl/regulaminand is provided to the Customer free of charge by e-mail on request.

3. Any disputes related to the customers’ orders or following from the agreements concluded between the Customers and the Service Provider shall be solved by the court having jurisdiction over the Service Provider’s seat.

4. In the matters not regulated herein, the provisions of the mandatory law shall apply, in particular:

1. The Law of 23 April 1964, the Civil Code (consolidated text in Dz. U. 2014 item 121 as amended),

2. The Act of 18 July 2002 on the provision of electronic services (consolidated text in Dz. U. 2013 item 1422 as amended),

3. The Act of 30 May 2014 on consumer rights (Dz. U. 2014 item 827 as amended),

4. The Act of 29 August 1997 on data privacy (Dz.U. 1997 No 133, item 883 as amended).

2. These Regulations are effective as of 25 December 2014 until further notice.

3. The Service Provider reserves the right to amend the Regulations. Any amendments to the Regulations shall be effective as of the date indicated by the Service Provider, but within a period no shorter than 7 days of the date when the new Regulations are published on the website http://www.yeti.com.pl/. Registered Users will be additionally notified by the Service Provider through a message sent to the e-mail address indicated in the registration form with a summary of the amendments in the Regulations. Orders placed before the effective date of these Regulations shall be executed pursuant to the provisions mandatory on the date when the order was placed.

4. Failure to accept the Regulations makes it impossible to purchase the Goods offered by the Service Provider.