I. TERMS AND CONDITIONS

These Terms and Conditions set out the rules for using the online store available at [www.vigokombucha.com](http://www.vigokombucha.com) and [www.drinkyoko.com](http://www.drinkyoko.com).

The stores are operated by Cruz Group spółka z ograniczoną odpowiedzialnością, with its registered office in Poznań (address: ul. Słowackiego 35/3, 60-521 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Economic Division of the National Court Register under number KRS: 0000919393, NIP: 7812012774, REGON: 389840970.

You can contact us via email: [kontakt@vigokombucha.com](mailto:kontakt@vigokombucha.com)

§1 DEFINITIONS

1. **Client / Customer** – a natural person with full legal capacity, a legal person or an organizational unit without legal personality that uses the Store, including placing Orders.

2. **Consumer** – a natural person making a legal transaction with the Seller not directly related to their business or professional activity.

3. **Store / Online Store** – the online store operated by the Seller at [www.vigokombucha.com](http://www.vigokombucha.com) and [www.drinkyoko.com](http://www.drinkyoko.com).

4. **Seller** – Cruz Group sp. z o.o., as described above.

5. **Product / Goods** – a movable item available in the Store that is the subject of the Sales Agreement between the Client and the Seller.

6. **Order** – the Client’s declaration of will aiming directly at the conclusion of a Sales Agreement via the Store, specifying the type and quantity of the Product.

7. **Sales Agreement** – a product sales contract concluded between the Seller and the Client via the Online Store.

§2 GENERAL PROVISIONS

1. These Terms and Conditions are addressed to both Consumers and other Clients using the Store.

2. Acceptance of the Terms and Conditions is voluntary but necessary to create an Account or place an Order.

3. The information presented on the Store’s website does not constitute an offer within the meaning of the Civil Code, but an invitation to place Orders.

§3 RULES FOR USING THE STORE

1. The Client is obliged to:

   * use the Store in accordance with the law and good practices,

   * not provide unlawful content,

   * refrain from any activities that could disrupt the functioning of the Store.

2. The Seller reserves the right to temporarily suspend access to the Store due to maintenance or technical reasons.

§4 ORDERS AND CONCLUSION OF THE SALES AGREEMENT

1. Orders can be placed via the Store’s website 24/7.

2. To place an Order, the Client must:

   * select the Product(s),

   * add them to the Cart,

   * complete the Order form with necessary data,

   * choose the delivery and payment method,

   * confirm the Order by clicking the button finalizing the purchase.

3. The Sales Agreement is concluded upon receiving the Order confirmation by the Client from the Seller.

§5 PAYMENT METHODS

1. The Store offers the following payment methods:

   * bank transfer,

   * online payment via Przelewy24, PayU, Blik,

   * payment by card (Visa, MasterCard, etc.).

2. In the case of prepayment methods, payment must be made within 3 days from the Order date.

§6 DELIVERY

1. The Seller delivers the Products within the territory of Poland and selected EU countries.

2. Delivery costs are specified during the Order placement.

3. Delivery time depends on the selected method but usually does not exceed 7 working days.

§7 RIGHT OF WITHDRAWAL (FOR CONSUMERS)

1. A Consumer may withdraw from a Sales Agreement without giving a reason within 14 days.

2. The withdrawal period starts from the day the Product is delivered to the Consumer or a third party indicated by the Consumer.

3. The Consumer shall inform the Seller of the decision by submitting a withdrawal form or any clear statement by email.

4. The Product should be returned within 14 days of the withdrawal notice.

5. The Seller shall refund all payments received from the Consumer, including delivery costs, within 14 days from the date of receiving the withdrawal notice.

6. The Seller may withhold the refund until the Product is received back.

7. The right of withdrawal does not apply to, among others:

   * Products that deteriorate quickly or have a short shelf life,

   * Sealed Products which were unsealed after delivery and are not suitable for return due to health protection or hygiene reasons.

§8 COMPLAINTS

1. The Seller is liable to the Consumer for the conformity of the Product with the Sales Agreement in accordance with the Act on Consumer Rights.

2. Complaints can be submitted by email to: [kontakt@vigokombucha.com](mailto:kontakt@vigokombucha.com).

3. The complaint should contain:

   * Client’s name and surname,

   * Order number,

   * description of the issue.

4. The Seller shall respond to the complaint within 14 days.

§9 OUT-OF-COURT DISPUTE RESOLUTION

1. Consumers may use out-of-court dispute resolution methods, such as:

   * mediation conducted by provincial inspectorates of the Trade Inspection,

   * arbitration by permanent consumer arbitration courts.

2. Consumers can also submit complaints via the EU online platform available at: [http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/)

 §10 FINAL PROVISIONS

1. The applicable law is Polish law, and disputes shall be resolved by competent Polish courts.

2. In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply.

3. The Seller reserves the right to change the Terms and Conditions. Any changes shall be published on the Store’s website and shall not affect Orders placed before the effective date of the change.

II. ELECTRONIC SERVICES IN THE ONLINE STORE AND MOBILE APPLICATION

  1. The Seller provides the following Electronic Services free of charge to Customers via the Online Store:
    a. Account,
    b. enabling Customers to place Orders, make Reservations, and conclude Sales Agreements under the terms specified in these Terms and Conditions;
    c. displaying advertising content tailored to the Customer’s interests;
    d. enabling Customers to use the Cart functionalities;
    e. enabling Customers to browse Content made available on the Store;
    f. Newsletter;
    g. for Customers using the Application (the following provisions may apply to current or future Electronic Services – the availability of specific Electronic Services depends on the current functionalities of the Application):
    • scanning and saving barcodes of selected products via the device’s camera to enable price comparison by the Customer;
    • presenting Products in the Online Store based on photos of selected products uploaded by the Customer;
    • searching based on the location of the Seller’s physical store or a specified pickup point;
    • filtering displayed Products or Promotions according to Customer’s preferences (e.g., selected shoe size or product category such as men’s/women’s/children’s);
    • displaying real-time notifications directly on the screen of the mobile device (push notifications);
    • creating lists of favorite Products.
  2. Additionally, the Seller provides the following free services to Customers who have created an Account, via the Online Store:
    a. maintaining the Customer’s session after logging into their Account (via browser or Application);
    b. storing and providing the Customer with access to their Order and Reservation history via the Account.
  3. Use of the Account is possible after the Customer completes the following steps:
    a. filling in the registration form and accepting the provisions of these Terms and Conditions,
    b. clicking the “Register” button.
  4. The Service Agreement is concluded at the moment the Customer receives confirmation of the Service Agreement sent by the Seller to the email address provided during registration. The Account is provided free of charge for an indefinite period. The Customer may delete their Account at any time and without giving any reason by submitting a request to the Seller, in particular via the contact form at www.vigokombucha.com or www.drinkyoko.com, or in writing to the address: Wenecjańska 7/104, 61-101 Poznań. Creating an Account is not required to place an Order or make a Reservation in the Online Store. The Seller may, however, introduce such a requirement for specific Products or services linked to Account functionalities.
  5. Use of the Cart begins when the Customer adds the first Product to the Cart.
  6. The Cart is provided free of charge and is one-time in nature – it ends when the Order or Reservation is placed or when the Customer discontinues the Order/Reservation process. The Cart saves selected Product information for up to 7 days, even after the browser/Application session ends or the Customer logs out. However, it does not guarantee the availability of selected Products for a future Order or Reservation. If a logged-in Customer uses the Cart via a browser, its contents are synchronized with the Account and subsequently with the Application (and vice versa).
  7. The Customer is obliged to:
    a. provide only true, current, and necessary information in the Online Store forms;
    b. promptly update the information, including personal data, provided to the Seller when concluding a Service Agreement or Sales Agreement – in particular, when necessary for proper performance. The Customer may update this data at any time using the Account settings;
    c. use the services and functionalities made available by the Seller in a manner that does not interfere with the operation of the Seller, the Online Store, or the Application;
    d. use the services and functionalities in compliance with applicable law, these Terms and Conditions, good practices, and social norms;
    e. use the services and functionalities in a manner that is not burdensome for other Customers or the Seller;
    f. make timely payment of the Price and other agreed fees in full;
    g. collect Products ordered with cash on delivery and those that are the subject of a Reservation in a timely manner;
    h. not submit or provide Content prohibited by law, in particular content infringing third-party intellectual property or personal rights;
    i. not engage in actions such as:
    • sending or posting unsolicited commercial information or any unlawful Content;
    • attempting to gain unauthorized access to information intended for other Customers, including their data, or interfering with technical operations of the Store, the Application, or the payment systems;
    • unauthorized modifications of Content provided by the Seller, especially Prices or Product descriptions;
    j. download the Application only from legal sources.
  8. Complaints related to Electronic Services or the Application may be submitted:
    a. in writing to: Wenecjańska 7/104, 61-101 Poznań;
    b. electronically via the contact form at www.vigokombucha.com or www.drinkyoko.com.
  9. It is recommended that the Customer provide the following in the complaint description: (1) details and circumstances of the issue, especially the type and date of the irregularity; (2) the Customer’s demand; and (3) contact details – this will facilitate and speed up complaint processing. These are only recommendations and not a condition for the effectiveness of the complaint.
  10. The Seller will respond to the complaint promptly, no later than within 30 days of submission, in accordance with Article 7a(1) of the Polish Consumer Rights Act, unless other legal provisions specify a different deadline.
  11. The Seller may allow Customers to download the Application free of charge onto their mobile device from official mobile app stores, specifically:
    a. Apple App Store for iOS devices;
    b. Google Play Store for Android devices.
  12. Downloading the Application from sources other than those listed in section 11 may compromise its integrity and connect it with harmful software, posing a security risk to the Customer’s mobile device and stored data.
  13. To use the Application, the Customer should:
    a. read and accept these Terms and Conditions and information available in the app stores listed in section 11;
    b. download the Application from the official store;
    c. install the Application on their mobile device according to the instructions provided during the installation process or by the app stores.
  14. The Application connects to the Online Store via the Internet.
  15. The functionalities of the Application facilitate the provision of Electronic Services by the Seller in an accessible manner, allowing the Customer to conveniently browse the Store, including its Content, Products, and Prices.
  16. The Application uses technology that stores and accesses the Customer’s identifier, enabling offline operation and saving preferences of non-logged-in Customers (which involves accessing the mobile device’s memory). The Application retains the current Customer identifier until the Customer logs in, switches to a different store version (e.g., for another country), or uninstalls the Application.
  17. To use certain Application functionalities listed in section II.1.g above, the Customer must give voluntary consent for the Application to access certain device features, receive push notifications, or share their preferences with the Seller.
  18. The Customer can withdraw these consents at any time or uninstall the Application via their device settings.

III. TERMS OF CONCLUDING THE SALES AGREEMENT

  1. The main features of the service, including the subject of the service and the manner of communication with the Customer, are specified on the Product page or in another appropriate manner for the given Product within the Online Store.
  2. The Seller enables placing Orders for Products in the following ways:
    a. via the Online Store;
    b. by contacting the Customer Service Office (CSO):
  • by phone;
  • by e-mail;
  • via chat software available on the Online Store Website.
    Due to the development of Products or services available in the Online Store and their specific nature, the Seller may impose restrictions on the methods of placing Orders for certain Products. In the case of placing several Orders simultaneously, where at least one is subject to such restriction, this may affect the availability of order placement methods for the other Orders as well.
  1. As part of the development of services provided, the Seller may introduce additional methods of placing Orders using means of distance communication, under the terms specified in this Terms and Conditions.
  2. The Sales Agreement between the Customer and the Seller is concluded after the Customer has submitted the Order.
  3. The Seller enables the Customer to place an Order via the Online Store as follows, sequentially:
    a. The Customer adds the selected Product(s) to the Cart and then proceeds to the order form. The Seller may provide additional services related to the Product added to the Cart, e.g., personalization, adding other Products related to it not available for independent sale in the Online Store.
    b. A Customer who has an Account confirms in the order form the accuracy of data necessary for concluding and executing the Sales Agreement. A User without an Account must fill in the order form independently with data necessary for concluding and executing the Sales Agreement. Providing outdated or untrue Customer data may prevent the execution of the Agreement. The following Customer data are required in the order form: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), if available – type, color, and size of the Product, place and method of delivery of Product(s), payment method. For Customers who are not Consumers, company details and, if requested within the order form for invoice issuance, the VAT identification number (NIP) are also required. The Seller may require the provision of other information concerning the Product or Customer in the order form or another appropriate place, which are relevant and, in case of personal data, necessary, especially due to the Product or service specifics, e.g., for Product personalization.
    c. The Customer selects one of the delivery methods offered by the Seller.
    d. The Customer selects the payment method for the Price and any other costs indicated in the order form related to the execution of the Sales Agreement.
    e. The Customer submits the Order (makes an offer) to the Seller using the Online Store functionality (button: “Order and pay”). For Customers without an Account who have not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required.
    f. While placing the Order, until the “Order and pay” button is pressed, the Customer may independently correct the entered data within the “Cart” panel by adding or removing items. Removing an item may automatically result in removing another item from the Cart due to a direct connection between Products.
    g. Depending on the chosen payment method, the Customer may be redirected to external payment service provider pages to complete the payment.
  4. If the Seller on its own initiative proposes to the Consumer to conclude the Sales Agreement using other distance communication means, including by phone:
    a. The Seller sends the Consumer an e-mail confirming the content of the proposed Sales Agreement,
    b. The Consumer sends the Order to the Seller by e-mail from the address from which the confirmation mentioned in point a was received,
    c. For Consumers without an Account and who have not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required.
  5. In cases other than those specified in point 6 above, when concluding the Sales Agreement by other distance communication means, including by phone, initiated by the Consumer, the provisions below apply accordingly, considering the circumstances and communication means used.
  6. The Seller immediately sends the Customer an automatic message to the e-mail address provided confirming receipt of the Order and beginning its verification.
  7. After verifying the Order, without undue delay, the Seller sends the Customer an e-mail containing:
    a. confirmation of acceptance of one or more specific offers for Products placed within the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order for the Products indicated in the message); or
    b. information about the rejection of all offers for Products placed within the Order, in particular for reasons indicated in section IV point 5 below (lack of payment) or XI point 5 below (non-collection of the shipment).
  8. The Sales Agreement is concluded upon confirmation of the offer(s), i.e., upon receipt by the Customer of the message referred to in point 9a above, concerning the indicated Products. In the case of non-prefabricated Products, the Sales Agreement is concluded upon confirmation of the offer(s) unless the Seller immediately informs the Customer about the impossibility of fulfilling the performance concerning the ordered non-prefabricated Product. In such case, the Sales Agreement regarding the non-prefabricated Product offer is considered not concluded. The Seller sends the Customer confirmation of the Agreement terms to the e-mail address provided by the Customer.
  9. If it is not possible to accept all or some of the offers placed in the Order, the Customer Service Office will contact the Customer to:
    a. inform the Customer about the impossibility of accepting all offers placed in the Order to conclude the Sales Agreement; or
    b. confirm the Customer’s willingness to execute the Order partially, for the part the Seller agreed to accept offers for. The Customer may cancel the entire Order (for all offers), which does not affect their right to withdraw from the Agreement. Cancellation releases the Seller from the obligation to execute the Order. Provisions of point 12 below apply accordingly in case of cancellation.
  10. If it is impossible to accept the offer(s) placed in the Order, the Sales Agreement concerning the indicated Products is not concluded, and the Seller immediately, no later than within 14 days, refunds the Customer the payments made, in the scope where the Sales Agreement was not concluded. The provisions of section VIII point 6 of the Terms and Conditions apply accordingly.
  11. Independently, the Seller may inform the Customer about the Order status, in particular by sending messages to the Customer’s e-mail address, SMS, or by phone contact.
  12. The Seller strives to ensure the availability of Products and execution of the Sales Agreement. In case of inability to fulfill the performance and other situations provided by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, apply, especially regarding the obligation to immediately return the performance to the Consumer.
  13. The total value of the Order includes the Price, shipping costs, and any other costs of optional paid services selected by the Customer. The Seller may set a minimum Order value threshold for which the shipment of Products is free. The Customer is informed about the total price including taxes of the Product(s) ordered, as well as delivery costs (including fees for transport, delivery, and postal services) and other costs, or if these cannot be determined, the obligation to pay them, during the Order process, including at the moment of expressing the will to be bound by the Sales Agreement.
  14. Promotions valid in the Online Store cannot be combined unless the Promotion terms explicitly state otherwise.
  15. In case of the Reservation service, the provisions of this section apply accordingly, subject to the following paragraphs.
  16. The Reservation service allows Customers to reserve a Product at a selected Salon. To use the Reservation, the Customer adds the selected Product to the Cart and proceeds to the order form.
  17. The list of Salons where the reserved Products can be picked up is available each time after the Customer selects in the order form the delivery option dedicated exclusively for Reservations indicating Product pickup at the Salon.
  18. The possibility of using the Reservation may depend on the region/address provided by the Customer in the order form or the availability of the Reservation service for the given Product/category of Products. Placing several Orders or making multiple Reservations simultaneously, where at least one is subject to the above limitation, may affect the availability of the Reservation service for other Products.
  19. The Seller may enable Customers to make Reservations also using the technical infrastructure of the Online Store made available in the Salon. In such case, the Customer cannot create or log into an Account and is obliged to fill out the form independently with the data necessary to make the Reservation, in particular to provide a phone number and optionally an e-mail address.

IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

  1. The Seller provides the Client, subject to the provisions of Section XI, item 5, with various payment methods related to the Sales Agreement.
  2. The currently available payment methods are specified in the Online Store in the “Payment Methods” section and each time on the product’s subpage, including at the moment the Client expresses the intention to be bound by the Sales Agreement. Available payment methods may depend on the delivery method or the Product chosen by the Client. Available payment methods may change when placing multiple orders simultaneously, particularly due to the products included.
  3. The Seller may enable the Client to pick up Products personally at the Store, especially within Reservations (if such service is provided by the Seller for the given Product, and in the case of placing multiple orders or making several Reservations simultaneously – for all Products covered by the Client’s actions), by making such an option available each time on the product’s subpage or during the order placement or reservation process.
  4. Payment transactions by electronic means and payment cards are processed according to the Client’s choice via authorized services.
  5. In the event the Seller does not receive payment from a Client who has chosen advance payment, i.e., payment by bank transfer, electronic payment, or payment card, the Customer Service Department (BOK) may contact the Client to remind them about the payment, including by sending an email. Failure to make payment within 3 days of placing the Order, plus an additional 2-day period, will result in the non-acceptance of the offer made by the Client within the Order. The Client may also cancel the Order without consequences up to the moment of receiving the shipment notification by contacting the Seller through the Customer Service Department, which does not affect the Client’s right to withdraw from the agreement – this does not apply to non-prefabricated Products manufactured according to the Client’s specifications or intended to satisfy their individual needs.
  6. If the Client chooses cash on delivery payment, the Client is obliged to make the payment upon receipt of the shipment. Refusal to accept the Product, despite the setting of an additional appropriate deadline, is a condition for terminating the Sales Agreement. The Client may also cancel the Order within the specified deadline without consequences, which does not affect their right to withdraw from the agreement – this does not apply to non-prefabricated Products manufactured according to the Client’s specifications or intended to satisfy their individual needs.

V. COST, METHODS, AND DELIVERY TIME OF THE PRODUCT

  1. Delivery of the Product is available within the territory of the Republic of Poland and to selected countries indicated in the “Delivery Costs” section in the Online Store and each time on the product’s subpage.
  2. Delivery of the Product to the Client is chargeable unless the Sales Agreement provides otherwise. The currently available methods and costs of delivery are indicated to the Client in the “Delivery Costs” section in the Online Store and each time on the product’s subpage, including at the moment the Client expresses the intention to be bound by the Sales Agreement.
  3. Available delivery methods may depend on the payment method or Product chosen by the Client. Available delivery methods may change when placing multiple orders simultaneously, particularly due to the products included.
  4. The total waiting time for the Client to receive the Product (delivery time) consists of the time for preparing the Order for shipment by the Seller and the delivery time by the carrier.
  5. The delivery time of the Product to the Client is up to 14 Business Days, unless a shorter time is specified in the product description or during the order placement.
  6. The preparation time for shipment by the Seller is each time presented on the product subpage and is counted from the day (start of the delivery time period):
    a. the crediting of the Seller’s bank account or settlement account – in case of the Client choosing payment by bank transfer, electronic payment, or payment card,
    b. conclusion of the Sales Agreement – in case of the Client choosing cash on delivery payment.
  7. To the above time, the delivery time by the carrier must be added, which depends on the form of delivery chosen by the Client and is presented each time on the product subpage and in the “Order Processing” section in the Online Store.
  8. In the case of Reservations, the delivery time of the Product to the Store as part of the Reservation is up to 14 Business Days, unless a shorter time is specified in the product description or during the reservation process.
  9. The preparation time for shipment of the Reservation by the Seller is each time presented on the product subpage and counted from the day (start of delivery time period) of concluding the Reservation agreement. The delivery time by the carrier must be added to the above time, which is presented each time on the product subpage and in the “Order Processing” section in the Online Store.
  10. When placing multiple Orders or Reservations simultaneously for several Products with different delivery times, the delivery time is the longest indicated term, which however cannot exceed 14 Business Days.

VI. PRODUCT COMPLAINTS

  1. The basis and scope of the Seller’s liability towards the Client if the sold Product has a physical or legal defect (warranty) are specified in the provisions of the Civil Code, in particular in Articles 556 and subsequent of the Civil Code.
  2. Products presented in the Online Store may be covered by the manufacturer’s or distributor’s warranty. Detailed warranty conditions and duration are provided in the warranty card issued by the guarantor and attached to the Product.
  3. The Seller is obliged to deliver the Product to the Client without defects.
  4. Complaints may be submitted by the Client, for example, in writing to the address: ul. Nowy Kisielin – Nowa 9, 66-002 Zielona Góra. If the complaint concerns the Product, it is usually advisable to deliver the Product to the Seller together with the complaint to enable the Seller to examine the Product. Details on the Seller’s provided methods of free delivery of the Product by the Client in connection with the complaint are available in the Online Store under the “Warranty/Complaints” section.
  5. If the sold Product has a defect, the Client may:
    a. submit a statement on a price reduction or withdrawal from the Sales Agreement unless the Seller immediately and without undue inconvenience for the Client replaces the defective Product with a defect-free one or removes the defect. The reduced price should be in proportion to the price under the agreement, corresponding to the value of the Product with a defect relative to the value of the defect-free Product. The Client cannot withdraw from the agreement if the defect is insignificant;
    b. demand replacement of the Product with a defect-free one or removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Client; subject to the conditions and rules set out in the relevant provisions of the Civil Code.
  6. The Client may instead of the Seller’s proposed defect removal, demand replacement of the Product with a defect-free one or instead of replacement, demand removal of the defect unless bringing the Product into compliance with the agreement in the way chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of the defect-free Product, the type and significance of the defect, and the inconvenience to the Consumer caused by another remedy method are taken into account.
  7. It is recommended that the Client provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of occurrence of the defect; (2) demand regarding the method of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and speed up the Seller’s consideration of the complaint. The above recommendations are advisory only and do not affect the effectiveness of complaints submitted without the recommended description.
  8. The Seller shall respond to the Client’s complaint promptly, no later than within 14 days from its receipt. If the Client requested replacement or removal of the defect or submitted a statement on price reduction specifying the amount by which the price should be reduced, and the Seller did not respond within 14 days from receipt, the request shall be deemed justified.
  9. If it is necessary to deliver the Product to the Seller for the Seller to respond to the complaint or to perform the Client’s warranty rights, according to Article 5612 in conjunction with Article 354 § 2 of the Civil Code, the Client is obliged to deliver the Product at the Seller’s cost to the address ul. Nowy Kisielin – Nowa 9, 66-002 Zielona Góra. Details on the Seller’s provided free delivery methods of the Product by the Client in connection with complaints are available in the Online Store under the “Warranty/Complaints” section. However, if due to the type of defect, Product, or installation method delivering the Product by the Client would be impossible or excessively difficult, the Client may be asked to make the Product available to the Seller, after prior arrangement of the date, at the location where the Product is located.
  10. The Seller is liable under warranty if a physical defect is found within two years from the date of delivery of the Product to the Client. The claim for defect removal or replacement expires one year from the date of defect detection, but for Orders placed by Consumers, the limitation period cannot end before the expiration of the two-year period mentioned above.

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

  1. Using out-of-court methods for handling complaints and claims is voluntary. The following provisions are for informational purposes only and do not oblige the Seller to use out-of-court dispute resolution methods. The Seller’s statement of consent or refusal to participate in the out-of-court consumer dispute resolution process shall be made in writing or on another durable medium if the dispute arising from the Consumer’s complaint is not resolved.
  2. Detailed information regarding the Consumer’s ability to use out-of-court methods for handling complaints and claims, as well as access to these procedures, is available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Regional Trade Inspection Offices, and at the following websites of the Office of Competition and Consumer Protection:
    a. http://www.uokik.gov.pl/spory_konsumenckie.php
    b. http://www.uokik.gov.pl/sprawy_indywidualne.php
    c. http://www.uokik.gov.pl/wazne_adresy.php
  3. The Consumer has the following example options to use out-of-court methods for handling complaints and claims:
    a. The Consumer is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection Office for resolution of the dispute arising from the Sales Agreement.
    b. The Consumer is entitled to apply to the regional inspector of the Trade Inspection Office, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended), for initiation of mediation proceedings for out-of-court dispute resolution between the Consumer and the Seller.
    c. The Consumer may receive free assistance in dispute resolution from the district (municipal) consumer ombudsman or from social organizations whose statutory tasks include consumer protection (e.g., Federation of Consumers, Polish Consumer Association).
    d. The Consumer may submit a complaint via the ODR (Online Dispute Resolution) platform: http://ec.europa.eu/consumers/odr/. The ODR platform also provides information about forms of out-of-court dispute resolution between businesses and Consumers.

VIII. RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The Consumer who entered into a distance contract may withdraw from it without giving any reason and without incurring any costs other than those provided by law within the following periods:
    a. 14 days from the day referred to in paragraph 4 below (also the “Statutory Right of Withdrawal”);
    b. from day 15 to day 30 from the day referred to in paragraph 4 below (also the “Extended Right of Withdrawal”) – subject to paragraph 11 below.
    This does not apply to contracts where the subject of the performance is a non-prefabricated item made according to the Consumer’s specifications or serving to meet their individualized needs. Exercising any of the above rights does not affect other contracts, particularly those:
    a. concluded together with the contract covered by the withdrawal statement as a result of several simultaneous orders placed by the Consumer, or
    b. where the Seller conditioned the conclusion or content of the contract covered by the withdrawal statement on the conclusion of another contract due to the direct connection between the Products.

Submitting a withdrawal statement before the deadline is sufficient to meet the deadline. The Consumer may submit any unequivocal statement expressing their withdrawal from the Sales Agreement. The withdrawal statement may be submitted:
a. in writing to the address: Wenecjańska 7/104, 61-101 Poznań, Poland;
b. electronically via email found in the “Contact” section at www.vigokombucha.com and www.drinkyoko.com;
c. using the withdrawal form attached as Appendix 1 to these Terms and Conditions.

  1. The Consumer may use the model withdrawal form, but it is not obligatory.
  2. The withdrawal period starts from the day the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Product, or in the case of a Sales Agreement:
    a. covering multiple Products delivered separately, in batches or parts – from taking possession of the last Product, batch or part; or
    b. based on regular delivery of Products for a specified period – from taking possession of the first Product.
  3. In case of withdrawal from a distance contract, the contract is considered not concluded.
  4. The Seller shall immediately, no later than within 14 days from receiving the Consumer’s withdrawal statement, refund all payments received, including delivery costs (except additional costs resulting from the Consumer choosing a delivery method other than the cheapest standard delivery available in the Online Store).
  5. If the Consumer exercises the Statutory Right of Withdrawal, the Seller shall refund using the same payment method the Consumer used unless the Consumer expressly agrees to another method free of charge. If the Consumer exercises the Extended Right of Withdrawal, the Seller may refund using a payment method chosen by the Seller. If the Seller did not offer to collect the Product from the Consumer, the refund may be withheld until the Product is returned or the Consumer provides proof of shipment, whichever is earlier.
  6. The Consumer must return the Product or hand it over to a person authorized by the Seller no later than within 14 days from the withdrawal date unless the Seller offered to collect the Product. Returning the Product before the deadline is sufficient to meet the deadline. The Product can be returned to the address: Wenecjańska 7/104, 61-101 Poznań.
    Please attach proof of purchase if possible.
  7. If the Consumer exercises the Statutory Right of Withdrawal, they bear responsibility for any diminished value of the Product resulting from use beyond what is necessary to establish its nature, characteristics, and functioning. This responsibility may include inability to resell the Product as full-value, costs of reattaching labels or security elements, and costs to restore the Product to a resalable condition, including expert examination costs and defect removal costs resulting from Consumer misuse.
  8. The Extended Right of Withdrawal applies only to complete, undamaged, unused Products with all original labels and security elements present when the Consumer took possession. The Consumer loses this right if the Product is used beyond what is necessary to establish its nature, characteristics, and functioning.
  9. The Consumer bears only direct costs of returning the Product. The Seller may offer collection of returned Products as a promotional action.
  10. Subject to paragraph 9 above, the right of withdrawal does not apply in cases listed in the Civil Code, especially for contracts: (1) for services fully performed with the Consumer’s explicit consent and prior information about losing the withdrawal right after performance; (2) for non-prefabricated items made to Consumer specifications or personalized needs; (3) for Products sealed for health or hygiene reasons that were opened after delivery; (4) for Products inseparably mixed with other items after delivery.
  11. The Seller may grant the Consumer an extended withdrawal period during temporary promotional campaigns for contracts listed in paragraphs 1 item b or 11 above.

IX. LICENSE

  1. Exclusive rights to Content provided/posted by the Seller or its contractors within the Online Store, including copyrights, the Online Store’s name (trademark), graphic elements, software (including the Application), and database rights are legally protected and belong to the Seller or entities contracted by the Seller. The Consumer is authorized to use this Content, including the Application, free of charge, only for personal use and solely to properly use the Online Store worldwide. Any other use requires prior explicit written consent from the authorized party, under penalty of nullity.
  2. By posting any Content (graphics, comments, reviews, statements) on the Online Store (including via the Application) on their Account or elsewhere, the Consumer grants the Seller a non-exclusive, free license to use, fix, modify, delete, supplement, publicly perform and display, reproduce and distribute (including online) this Content worldwide. This license includes the right to sublicense to the extent necessary for performing the Sales or Service Agreement (including Online Store operation and development), and the right to create derivative rights for adaptation, modification, and translation under the Copyright Act of February 4, 1994. If the Consumer is not authorized to grant these licenses, they agree to obtain them for the Seller.
  3. Regardless of the above, the Application is the Seller’s intellectual property. Upon installing the Application on the Consumer’s mobile device, the Seller grants a non-exclusive license to use the Application, including duplication solely for downloading, installing, and running the Application on the Consumer’s mobile device. The Consumer may install the Application on multiple devices but only one copy per device is allowed.
  4. The Consumer is not entitled to translate, adapt, rearrange, or make any other changes to the Application, including its source code, except as permitted by law. The Consumer may not use the Application for commercial purposes.

X. PERSONAL DATA PROTECTION

  1. The Client’s personal data are processed by the Seller as the data controller.
  2. Providing personal data by the Client is voluntary but necessary for creating an Account, using specific Electronic Services, concluding a Sales Agreement, or making a Reservation.
  3. Detailed information regarding personal data protection is included in the “Privacy Policy” section available in the Online Store.

XI. TERMINATION OF SERVICE AGREEMENT AND AMENDMENTS TO THE TERMS AND CONDITIONS

  1. The Seller may terminate the Service Agreement or any license agreement granted under section IX of the Terms and Conditions with the Client at any time with a one-month notice period for important reasons, understood as (closed list):
    a. a change in laws regulating the provision of electronic services by the Seller affecting mutual rights and obligations defined in the agreement between the Client and the Seller, or a change in the interpretation of these laws due to court rulings, decisions, recommendations, or guidelines issued by competent authorities;
    b. a change in the manner of providing services caused solely by technical or technological reasons (in particular updates to the technical requirements specified in these Terms and Conditions);
    c. a change in the scope or manner of providing services covered by these Terms and Conditions through the introduction of new functionalities, modification, or withdrawal of existing features or services by the Seller.
  2. Regardless of paragraph 1 above, due to the Seller’s particular care for the protection of the Client’s personal data and their processing for an appropriate period, the Seller may terminate the Service Agreement with immediate effect in case of the Client’s inactivity in the Online Store for an uninterrupted period of at least 3 years.
  3. The Seller sends its statement referred to in paragraphs 1 and 2 above to the e-mail address provided by the Client when creating the Account or placing an Order or making a Reservation, or if the Seller does not have the Client’s e-mail address – via notifications in the Application.
  4. The Seller may terminate the Service Agreement or any license agreement granted under section IX of the Terms and Conditions with the Client with a seven-day notice period and/or refuse the Client further access to the Online Store (including through the Application) and placing Orders, as well as limit access to part or all of the Content for important reasons, i.e., in case of gross violation of these Terms and Conditions by the Client, specifically when the Client (closed list) breaches provisions of section II paragraph 7 a, c, d, e, h, i, j of the Terms and Conditions.
  5. For important reasons, i.e., in case of gross violation of these Terms and Conditions by the Client, specifically when the Client breaches provisions of section II paragraph 7 f or g (closed list), the Seller may refuse to accept the Client’s offer regarding specified forms of payment or delivery to avoid further damages. This provision applies regardless of which data the Client identifies with and provides when placing the Order, especially if the Client simultaneously violates section II paragraph 7 a of the Terms and Conditions.
  6. If the Client for whom paragraph 5 applies places another Order with a specified payment or delivery method, or makes another Reservation, the Seller will contact the Client by sending a message to the Client’s provided e-mail address notifying about the gross violation of the Terms and Conditions and refusal to accept the offer using the specified payment or delivery method, while indicating alternative payment or delivery methods. The provisions of section IV paragraph 5 of the Terms and Conditions apply accordingly.
  7. A Client to whom paragraphs 4 or 5 apply may use the Online Store or specific payment or delivery methods after prior contact with the Seller (via Customer Service) and obtaining the Seller’s consent to continue using the Online Store or specific payment or delivery methods.
  8. The Terms and Conditions and its annexes constitute a contractual template within the meaning of Article 384 § 1 of the Civil Code.
  9. The Seller may amend these Terms and Conditions (except for section XII, which applies to Clients who are not Consumers and may be amended at any time under generally applicable law) in the event of at least one of the following important reasons (closed list):
    a. a change in laws regulating the sale of Products or provision of electronic services by the Seller affecting mutual rights and obligations defined in the agreement between the Client and the Seller, or a change in the interpretation of such laws due to court rulings, decisions, recommendations, or guidelines by competent authorities;
    b. a change in the manner of providing services caused solely by technical or technological reasons (in particular updates to the technical requirements specified in these Terms and Conditions);
    c. a change in the scope or manner of providing services covered by the Terms and Conditions through the introduction of new functionalities, modification, or withdrawal of existing features or services by the Seller.
  10. In case of changes to the Terms and Conditions, the Seller shall provide a consolidated version of the Terms and Conditions by publishing it in the Online Store and sending a message to the e-mail address provided by the Client when concluding the Service Agreement, which the Parties acknowledge as introducing information about the change into the electronic communication channel so the Client can familiarize themselves with its content. If the Seller does not have the Client’s e-mail address – the change notification will be provided via notifications in the Application.
  11. The change to the Terms and Conditions shall come into effect 14 days after the date of sending the change notification. Clients who have concluded the Service Agreement, i.e., have an Account, have the right to terminate the Service Agreement within 14 days of being notified about the change. The change does not affect Sales Agreements concluded before the amendment.

XII. PROVISIONS REGARDING CUSTOMERS WHO ARE NOT CONSUMERS

  1. This Section XII applies only to Customers who are not Consumers.
  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 days of its conclusion without providing reasons and without any claims by the Customer.
  3. For non-consumer Customers, the Seller may limit available payment methods, including requiring prepayment, regardless of the payment method chosen or the concluded Sales Agreement.
  4. Upon handing over the Product to the carrier, benefits and burdens, including risk of accidental loss or damage, transfer to the non-consumer Customer. The Seller is not responsible for loss, damage, or delay after the product is accepted for transport.
  5. Under Article 558 § 1 of the Civil Code, the Seller’s warranty liability is excluded for Products sold to non-consumer Customers.
  6. For non-consumer Customers, the Seller may terminate the Service Agreement or any license agreement immediately without giving reasons by sending a statement in any form.
  7. Neither the Seller nor its employees, representatives, or agents are liable for damages to the non-consumer Customer, their subcontractors, or representatives, except for intentional damage.
  8. Any liability of the Seller and related parties toward a non-consumer Customer is limited to the amount paid for the last Sales Agreement, not exceeding one thousand PLN.
  9. Disputes with non-consumer Customers are subject to the court of the Seller’s registered office.
  10. The Seller may amend the Terms and Conditions for non-consumer Customers at any time based on applicable law.

XIII. FINAL PROVISIONS

  1. These Terms and Conditions apply from 2020-03-24.
  2. Agreements concluded by the Seller are in Polish.
  3. The Service Agreement is recorded and confirmed by sending an email to the Customer’s provided email address.
  4. The Sales Agreement terms are recorded and confirmed by sending order confirmation emails and including order specifications and proof of purchase with the shipment.
  5. The Seller ensures technical and organizational measures appropriate to the security risk of provided functionalities or services. Use of Electronic Services involves typical risks of data transmission over the Internet.
  6. The Terms and Conditions are available free of charge at https://www.vigokombucha.com/regulamin and within the Application for viewing and printing.
  7. Use of the Online Store via browser or Application, placing Orders, or contacting Customer Service may incur Internet or telephone connection costs according to the Customer’s service provider.
  8. Matters not regulated here are subject to applicable Polish law, especially the Civil Code, the Act on Electronic Services from 18 July 2002, the Consumer Rights Act from 30 May 2014, and other applicable laws.
  9. The choice of Polish law does not deprive Consumers of protections granted by mandatory provisions that cannot be excluded by agreement.

h) My Account

We respect and protect your privacy. Therefore, we have prepared a document specifying issues related to the collection and use of information about users and customers of the VIGO Kombucha (www.vigokombucha.com) and YOKO (www.drinkyoko.com) websites, owned by Cruz Group sp. z o.o.

Information contained in access logs
We collect information regarding the usage of our services by users and their IP addresses based on the analysis of access logs. This information is used for technical purposes related to server administration as well as for statistical purposes.

Data provided in the order
To complete an order for goods or services available in our offer (Buy products), it is necessary to fill out a form containing basic user data (first name, last name, company name, contact, address). These data are essential for fulfilling the order and shipping the package. This information is not shared with third parties.

Newsletter subscription
Signing up for the Newsletter requires providing an email address enabling contact with the user. In every newsletter email sent to customers, you can unsubscribe by clicking the appropriate link. Such a request can also be made by filling out the form in the “Contact” section. Subscription to the newsletter is done only after voluntary consent by ticking the appropriate checkbox. Cruz Group sp. z o.o. informs users of our program about available promotions and news. We do not use this data for sending spam or advertising articles.

Data storage on Cruz Group sp. z o.o. servers
The method of storing entrusted data on our servers, such as email accounts, complies with the Personal Data Protection Act. These data are protected by various security measures.

Cookies
Your web browser stores text files (“cookies”) on your computer’s disk. These files contain information necessary for the proper functioning of websites, especially those requiring authorization. The content of cookies does not allow identification of the user, and no personal data is stored or processed based on them. Cruz Group sp. z o.o. stores cookies on users’ computers to maintain user sessions after entering the site, e.g., to preserve the contents of the shopping cart.

Payments
When placing an order for any product we offer and choosing to pay by credit card, the customer is redirected via an encrypted connection to the website of the authorization company with which we have an appropriate agreement, where the financial transaction takes place. The authorization company is responsible for the entire financial transaction. Cruz Group sp. z o.o. does not have access to data such as card numbers or account access details.

External links
Our website may contain external links leading to our Partners’ websites and stores of our Clients. We are not responsible for the content of these sites and do not take responsibility for the privacy policies applied by the owners of these sites.

Changes in the privacy policy of Vigo Kombucha
The development of internet technology, legislative changes regarding personal data protection, and the development of our service may lead to changes in the privacy policy of www.vigokombucha.com and www.drinkyoko.com. We will promptly inform users of any changes to our website.

Invoices
By accepting the privacy policy, you consent to receiving invoices electronically. You will receive the invoice for the purchased product/service by email.

Contact
If users have questions regarding this privacy declaration, terms of use of www.vigokombucha.com and www.drinkyoko.com, or the possibility to contact us, please send your inquiries via the “Contact” tab on each of these websites.

ANNEX: Sample withdrawal form

(Fill out and send this form only if you want to withdraw from the contract)

Addressee:
Cruz Group sp. z o.o.
ul. Wenecjańska 7/104, 61-101 Poznań
kontakt@vigokombucha.com

I, ……………………………………………, hereby inform about my withdrawal from the sales contract of the following goods:
………………………………………………………………………………………………………………………………………..
………
Date of contract conclusion / receipt: ………………………………
Consumer’s full name: ……………………………………
Consumer’s address: ……………………………………………………………………..
Consumer’s signature (only if the form is sent on paper):
……………………………………………………………
Date: ……………………………………….