Terms and Conditions

GENERAL CONDITIONS

At myyogasmile.com you will find products of high class and quality. Our objective is to provide our customers with the best service possible. Below you will find our conditions of purchase.
If you have any questions regarding our General conditions, you are always very welcome to e-mail us at contact@myyogasmile.com or contact us at our registered address below:

MYS Anna Czarnecka

Twarda 44, 00-831, Warsaw, Poland

 

I Privacy

The information you submit to www.myyogasmile.com will be handled with utmost care and respect. myyogasmile.com will only use the personal information when we are handling orders, during shipments and deliveries, for secure payments and, in some cases, customs declaration. All information will be handled according to our Privacy Policy.

II General terms of use

The Website and all its content are owned by MYS Anna Czarnecka. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of MYS Anna Czarnecka.

All Website content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.

Especially You are not permitted to reproduce, copy, sell or otherwise exploit the website or any product image, product listing, product description, trademark, logo or other content for any commercial purpose. You are also not permitted to modify, create derivative works from of the products and services offered on the website.

III Ordering

To be eligible to purchase products from us on this website and form a contract, you must:

    • be at least eighteen years of age
    • register using your real name, phone number, e-mail address and payment details
    • provide a shipping address that is not a PO-box or Poste restante
    • use accepted payment method (PayPal or przelewy24.pl)

We cannot accept your order if any of the following occurs:

    • if your payment is not accepted by out applicable payment partner (PayPal or przelewy24.pl)
    • If we are unable to deliver for reasons out of our control

myyogasmile.com reserves the right to deny or change a Customer’s order e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt.

In order to place an order through the Website, the Customer must accept the General conditions. By accepting the General conditions, the Customer undertakes to comply with the General conditions in its entirety and acknowledges that he/she has read the information on personal data and cookies and consents to the use according to myyogasmile.com’s Privacy Policy set forth here.

A purchase agreement is concluded when myyogasmile.com has confirmed the Customer’s order and the Customer has received an order confirmation from myyogasmile.com via e-mail. myyogasmile.com encourages the Customer to save the order confirmation for any future contacts with myyogasmile.com’s customer service regarding the order.

The prices shown on the homepage at the time of the order are the ones that apply.

IV CUSTOMER INFORMATION ETC.

When the Customer registers its user account and/or places an order, the Customer will be requested to provide some personal data. The Customer confirms that the information provided is correct and complete and is responsible for any errors in the information provided. Information about myyogasmile.com’s processing of personal data is set forth in myyogasmile.com’s Privacy Policy

The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify myyogasmile.com without delay if it may be suspected that any unauthorised person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customers log-in details if the Customer has not provided such notification.

If myyogasmile.com suspects that the Customer abuses its user account or its log-in details or otherwise violates the General conditions, myyogasmile.com is entitled to block the Customer’s access to its user account. myyogasmile.com is furthermore entitled to assign new log-in details to the Customer.

V PRICES, FEES AND PAYMENT

The prices stated on the Website are automatically presented in accordance with your currency. Applicable currencies are EUR, USD, GBP, PLN and NOK. 23% VAT is included in the product price for the EU countries. VAT is not included in non-EU countries.

The Customer can pay for its purchase in the manner specified on the Website (PayPal or przelewy24.pl). myyogasmile.com reserves the right to alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfilment of the order.

VI SPECIAL OFFERS

myyogasmile.com may provide special offers on the Website which may have more favourable conditions than those set forth in these General conditions, e.g. with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by myyogasmile.com in connection therewith. myyogasmile.com reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.

VII DELIVERY AND SHIPPING

We deliver to the EU countries, USA and Canada.

We offer different delivery options, depending on the country of destination. For a full list of delivery options and costs, please refer to our Shipping Information. As soon as your order has been shipped from our warehouse, we will send a shipping confirmation by e-mail. We cannot guarantee permanent availability of all products on the site, meaning that all orders are subject to availability. If a particular product from your order has been discontinued, we will contact you by Email informing you on this matter as well as informing you on how to modify your order. Our aim is to deliver your order to you at the soonest possible date. However, in case of unforeseen circumstances beyond our reasonable control (this includes, adverse weather conditions, war, technical breakdowns, strikes, acts or restraints of government, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods in the promised time frame. If the failure to deliver the goods is wholly or partly caused by these circumstances, we will not be liable for the delay. We will, of course, do everything they can in order to make sure that your delivery is delivered at the soonest possible date.

myyogasmile.com is responsible if the shipment is damaged or lost during transportation to the customer. If shipments with obvious damages are delivered, you are obliged to make a complaint to the transportation company immediately and to refuse the acceptance of the shipment. Please also contact our customer service (contact@myyogasmile.com) so that myyogasmile.com is able to protect its right to satisfy claims against the transportation company. See also Part IX of the General Terms. Hidden damages are to be reported to myyogasmile.com (contact@myyogasmile.com) immediately after your notice, though no later than five days after receiving the shipment. Our customer service representative will then inform you of how to proceed with the complaint.

Products in stock are normally delivered within the number of working days set forth on the Website. The expected delivery time is set forth in the order confirmation and on the current product page on the Website.

Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.

In most countries, our shipping partner will make at least two attempts at delivery before sending the parcel as a return to us. In some cases, the shipment will even be stored at a service point for up to seven days to allow the customer to pick up the parcel. In this case, you will be notified by the applicable shipping company. However, if the carrier was unable to deliver the package to the recipient and the parcel is returned to us, myyogasmile.com has the right to charge you with the amount of 50 EUR for the return and handling costs.

VIII RIGHT OF WITHDRAWAL

The myyogasmile.com website offers products for which the customer is not entitled to withdraw. These include wall posters, which are manufactured on the order of the consumer. In connection with ordering a product for which the right of withdrawal does not apply, the Customer will receive clear information.

When purchasing products on the Website, which are not produced on the Customer's order, there is a 30-day deadline for withdrawal from the contract. This means that the Customer has the right to cancel any purchase by notifying myyogasmile.com accordingly within 30 days from when the Customer or its representative received the product ordered (withdrawal period).

If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to myyogasmile.com in the manner set forth here. The Customer shall provide its name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message. If the Customer prefers not to use the above alternative message, the Customer may use the standard form for the right of withdrawal provided by the National Board for Consumer Policies or any other equivalent authority in their respective country.

If the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 30 days from the date when myyogasmile.com was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to myyogasmile.com in accordance with the methods and directions set forth on the Website which you can find here. Returns should be made to the following address:

MYS Anna Czarnecka

Twarda 44, 00-831, Warsaw, Poland

When the Customer withdraws its purchase, myyogasmile.com will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by myyogasmile.com are exempted from the refund. Upon return of part of an order, the shipping costs will not be refunded.

myyogasmile.com will pay back the amount without undue delay, however, no later than within 30 days from the date myyogasmile.com received the Customer notification of withdrawal. However, myyogasmile.com may delay repayment until myyogasmile.com has received the product or the Customer has provided proof that the product has been returned, e.g. by means of a certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection to such a repayment.

IX WARRANTY AND COMPLAINTS

If you have any problems with the ordered products or shipment, please contact our customer service at contact@myyogasmile.com. This includes problems such as:

    • transport damage
    • defective products
    • the product not matching the order

If the parcel arrives in bad condition and the products inside are missing or damaged, you will also need to make a complaint to the delivering company or the applicable local delivery service, directly after discovering the problem. In addition, you must take a picture of the damaged parcel and damaged goods and send them to us at the address contact@myyogasmile.com. Please note that we always need photographic evidence of the parcel and the damaged items sent to us by E-mail in order to handle your complaint. 

The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint about any product ordered shall contact myyogasmile.com, as soon as possible after the defect was discovered, using the contact information set forth on the Website.

If you are returning a product, after agreement with one of our customer service representatives, please remember to:

    • use the original package
    • include a description of the damage
    • include invoice
    • clearly mark the return parcel with ‘RETURN’ and your original tracking number to avoid any unnecessary customs charges

Return the parcel to:

MYS Anna Czarnecka

Twarda 44, 00-831, Warsaw, Poland

Once a product, for which a complaint has been filed, is returned and the complaint approved, myyogasmile.com will refund the Customer in compliance with applicable consumer protection legislation. myyogasmile.com will carry the cost of the return freight for any approved complaints. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by myyogasmile.com are exempted from the refund. myyogasmile.com strives to do so within 30 days from confirming the complaint by myyogasmile.com after receiving the return shipment.x

X FORCE MAJEURE

myyogasmile.com is not liable for any delays caused by circumstances beyond myyogasmile.com’s control, e.g. general labour dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. If any such situation should arise, myyogasmile.com shall inform the Customer about such situation. If the situation has lasted for more than two months, both the Customer and myyogasmile.com are entitled to terminate the purchase with immediate effect.

XI CHANGES TO THE GENERAL CONDITIONS

myyogasmile.com reserves the right to change these General conditions at all times. Any changes to these General conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after myyogasmile.com has informed the Customer of the changes.

XII APPLICABLE LAW AND DISPUTE RESOLUTIONS

In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Any disputes shall primarily be settled by agreement after discussions with myyogasmile.com’s customer services. In the event of any dispute, contentious issues are solved through mediation proceedings. As a last resort, the matter is settled by the local court.