These Terms and Conditions constitute:
a) the regulations for the provision of electronic services within the meaning of Article 8 of the Polish Act on Providing Electronic Services; and
b) the terms and conditions governing the sale of products and/or services offered by YOOBEE.
The Online Store is intended exclusively for professional business customers, including:
a) natural persons conducting business activity;
b) legal persons;
c) organizational units without legal personality that have legal capacity under applicable law,
provided that the use of the Online Store is directly related to their professional business activity.
For the purposes of these Terms and Conditions, the following definitions shall apply:
YOOBEE means:
Yoobee sp. z o.o.
registered office:
ul. Pojdy 38
44-238 Czerwionka-Leszczyny
Poland
entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court in Gliwice, 10th Commercial Division of the National Court Register under KRS No. 0000947439,
VAT ID (NIP): PL6423235073
REGON: 521005534
share capital: PLN 200,000.00.
A document available at www.mw-displays.pl containing the products and services offered by YOOBEE together with their prices.
A Customer means exclusively:
a) a professional entrepreneur or sole trader acting within the scope of their professional business activity;
b) a legal person;
c) an organizational unit without legal personality that has legal capacity under applicable law,
who uses the Online Store and concludes agreements governed by these Terms and Conditions.
The Online Store and these Terms and Conditions are not addressed to consumers or entrepreneurs acting outside the professional scope of their business within the meaning of Articles 22¹ and 385⁵ of the Polish Civil Code.
These Terms and Conditions governing the use of the Online Store and the placing and execution of Orders.
The Terms and Conditions constitute an integral part of every Order and are available at:
A sample product included in the YOOBEE Price List, available at the registered office of YOOBEE or which may be delivered to the Customer as a single sample item under preferential conditions, enabling the Customer to verify the quality and characteristics of a specific product before purchasing it.
Ordering a Product Sample is possible only upon individual arrangements between the Customer and YOOBEE.
YOOBEE reserves the right, at its sole discretion, to determine the conditions under which a Product Sample will be made available or to refuse to provide or present a Product Sample without giving any reason and without incurring any liability.
A Customer's binding offer to purchase products and/or services included in the Price List under the conditions specified therein, submitted:
a) through the Online Store; or
b) by e-mail sent to:
The online store operated by YOOBEE at:
the use of which is governed by these Terms and Conditions.
These General Terms and Conditions shall apply to:
a) the use of the Online Store; and
b) all agreements (Orders) concluded through the Online Store and/or by e-mail,
between YOOBEE (as the Seller) and the Customer (as the Buyer), concerning the products and services included in the Price List.
YOOBEE shall not be bound by any general terms and conditions, purchasing terms, model agreements or regulations used by the Customer unless:
a) the Customer expressly requests their application; and
b) YOOBEE expressly accepts them in writing.
The following electronic services are provided free of charge through the Online Store:
a) browsing products, graphics and other content available in the Online Store;
b) creating and maintaining a Customer Account, including updating Customer data;
c) placing Orders through the Customer Account, including the use of the shopping cart;
d) displaying personalised commercial and marketing content within the Online Store and the Customer Account.
In order to use the Online Store, the Customer must have:
a) a desktop computer, laptop or other multimedia device with Internet access;
b) an up-to-date web browser;
c) an active e-mail address with access to an e-mail service.
The Customer shall use the Online Store in compliance with:
a) applicable laws;
b) principles of fair commercial practice;
c) generally accepted standards of business conduct.
In order to use a Customer Account, the Customer must:
a) complete the registration form;
b) accept these Terms and Conditions;
c) complete the registration process.
Acceptance of these Terms and Conditions constitutes confirmation that the Customer has read, understood and accepted their entire contents.
During registration, the Customer is provided with information regarding the processing of personal data.
Such information is also permanently available on the Online Store's website.
Upon confirmation of registration, an agreement for the provision of electronic services is concluded between YOOBEE and the Customer.
The subject of this agreement is the provision and maintenance of the Customer Account.
YOOBEE recommends that the Customer create a unique password consisting of at least twelve (12) characters, including:
The Customer shall ensure that all information provided during registration and subsequently updated within the Customer Account is accurate, complete and up to date.
The Customer may delete the Account at any time by submitting a request:
a) by e-mail to:
or
b) in writing to the registered office of YOOBEE.
Orders may be placed:
a) through the Online Store; or
b) by e-mail.
In order to place an Order through the Online Store, the Customer shall:
a) create a Customer Account and accept these Terms and Conditions;
b) add the selected products and/or services to the shopping cart;
c) provide the delivery details, including in particular:
d) select the preferred delivery method;
e) select the preferred payment method;
f) confirm the Order;
g) complete the payment.
a) accept partial performance of the Order; or
b) cancel the Order in its entirety.
Orders submitted by e-mail shall include at least:
a) specification of the ordered products and/or services;
b) ordered quantities;
c) delivery details;
d) preferred delivery method.
An agreement is concluded upon confirmation of the Order by YOOBEE via e-mail.
YOOBEE may require the Customer to return a signed Order before the agreement becomes effective.
YOOBEE shall not be liable for delays resulting from circumstances beyond its reasonable control, including in particular:
a) failure of the Customer to cooperate;
b) failure to provide required materials;
c) late delivery of materials;
d) delivery of materials in an incorrect format.
In such cases YOOBEE may:
After the Agreement has been concluded, the Customer shall not be entitled to cancel the Order or terminate the Agreement unless such right arises directly from mandatory provisions of applicable law.
a) loss of profits;
b) indirect losses;
c) consequential damages;
d) loss of business opportunities suffered by the Customer.
a) the carrier's damage report;
b) photographic evidence;
c) a description of the damage.
Ownership of the Goods shall remain with YOOBEE until the Customer has paid in full:
a) the purchase price;
b) delivery charges;
c) statutory interest;
d) all other amounts due under the relevant Agreement.
a) fall within the standard tolerances generally accepted for the relevant type of Goods; or
b) result from the manufacturing technology used; and
c) do not materially affect the intended functionality of the Goods.
YOOBEE shall not be liable for any delay or failure to perform an Order caused by circumstances beyond its reasonable control, including but not limited to:
a) force majeure;
b) equipment failures;
c) disruptions within the supply chain;
d) shortages of raw materials;
e) delays caused by carriers;
f) decisions of public authorities;
g) interruptions in the supply of electricity or other utilities.
In such circumstances, the performance period shall be extended for a period corresponding to the duration of the relevant impediment.
The total delivery time consists of:
a) the dispatch period, i.e. the time required by YOOBEE to prepare and hand over the Goods to the carrier;
and
b) the transport period, i.e. the time between collection of the shipment by the carrier and the first delivery attempt at the Customer's address.
Orders with a net value of at least EUR 500.00 may qualify for free delivery, subject to confirmation by YOOBEE.
YOOBEE reserves the right to define additional conditions applicable to promotional free delivery offers.
Goods delivered in accordance with the Order are not eligible for return or exchange.
This shall not affect the Customer's right to notify defects within the time limits specified in these Terms and Conditions.
a) Value Added Tax (VAT);
b) transportation costs;
c) insurance costs;
d) customs duties;
e) taxes;
f) public charges;
g) any other costs related to the purchase or importation of the Goods.
a) increases in suppliers' prices;
b) significant exchange rate fluctuations;
c) increases in transport costs;
d) increases in customs duties or taxes;
YOOBEE shall be entitled to withdraw from the Agreement within thirty (30) days from becoming aware of such increase, unless the Parties agree on revised commercial terms.
If advance payment is required and the Customer fails to make payment within the agreed deadline, the Order shall be cancelled automatically.
The Customer shall be informed thereof by e-mail.
Payment shall be deemed completed when the relevant amount has been credited to YOOBEE's bank account.
YOOBEE may condition the commencement of Order fulfilment upon receipt of:
a) an advance payment;
or
b) a deposit specified either as a fixed amount or as a percentage of the Order value.
Such requirement shall be specified in the Order confirmation.
If the Customer delays payment of any amount due, YOOBEE shall be entitled to:
a) suspend performance of the current Order;
b) suspend performance of any other Orders placed by the Customer;
c) withdraw any commercial benefits granted to the Customer, including discounts, rebates or deferred payment terms;
d) terminate the Agreement with immediate effect;
e) withdraw from the Agreement within thirty (30) days after the payment due date.
The Customer shall be informed accordingly by e-mail.
In the event of late payment, YOOBEE shall be entitled to:
a) statutory interest for late payment in commercial transactions;
b) compensation for debt recovery costs;
c) reimbursement of any additional debt collection costs,
to the extent permitted by applicable law.
Where the performance of the Agreement requires the use of any intellectual property rights provided by the Customer, including but not limited to:
a) copyrights;
b) industrial property rights (including trademarks, utility models, industrial designs);
c) image rights;
d) personal rights;
or any other intellectual property rights,
the Customer shall be solely responsible for ensuring that it is entitled to use such rights and to authorize YOOBEE to use them for the purpose of performing the Agreement.
If the Customer fails to demonstrate such rights, YOOBEE shall be entitled to:
a) terminate the Agreement with immediate effect;
or
b) withdraw from the Agreement within thirty (30) days after the ineffective expiry of the deadline specified by YOOBEE.
If any third party asserts a claim against YOOBEE in connection with such rights, the Customer shall:
a) bear all reasonable legal defence costs;
b) actively cooperate in the defence of such claims;
c) satisfy any final and legally binding judgment or settlement;
d) fully indemnify YOOBEE against all resulting liabilities, damages and costs.
The Customer may use the Work solely:
a) for the purpose for which it was created;
and
b) within the scope of the Customer's business activity,
unless otherwise agreed in writing.
YOOBEE does not transfer ownership of:
a) individual graphic elements;
b) fonts;
c) stock images;
d) royalty-free resources;
e) other third-party licensed materials.
The licence includes the following fields of use:
a) reproduction of the Work by any printing, reprographic, magnetic, electronic or digital technique;
b) public display;
c) exhibition;
d) presentation;
e) broadcasting;
f) rebroadcasting;
g) making the Work publicly available in such a manner that members of the public may access it from a place and at a time individually chosen by them.
Where a Work includes stock materials or other licensed content requiring an extended commercial licence due to the intended scale of use, the Customer shall bear the cost of obtaining such licence.
Unless expressly agreed otherwise, the remuneration payable under the relevant Order includes the licence fee for the use of the Work to the extent specified above.
Each Party undertakes not to disclose or use any Confidential Information received from the other Party except to the extent necessary for the performance of the Agreement.
The confidentiality obligation shall remain in force:
a) throughout the duration of the Agreement;
and
b) for a period of three (3) years after its termination or expiry.
Confidential Information includes, in particular:
a) commercial information;
b) technical information;
c) technological information;
d) financial information;
e) organisational information;
f) contractual arrangements;
g) negotiations;
h) pricing information;
i) information relating to products and services;
j) any other information not publicly available which has been obtained in connection with the Agreement.
The confidentiality obligation shall not apply where:
a) the information is publicly available through no fault of the receiving Party;
b) the information was lawfully obtained before disclosure under the Agreement;
c) disclosure is required by applicable law or a legally binding decision of a competent authority;
d) the disclosing Party has given its prior written consent.
The Parties shall promptly notify each other whenever any circumstance arises that may require disclosure of Confidential Information under applicable law.
Each Party shall take all reasonable measures to ensure that its employees, advisers, subcontractors and other persons acting on its behalf comply with the confidentiality obligations set out in this Chapter.
YOOBEE shall be entitled to terminate the agreement for the provision of electronic services at any time by giving one (1) month's notice if there is an important reason, including in particular:
a) changes in applicable laws affecting the rights or obligations of the Parties;
b) changes in the interpretation of applicable laws resulting from court judgments, administrative decisions, recommendations or guidelines issued by competent authorities;
c) technical or technological changes affecting the provision of electronic services;
d) modification, introduction or withdrawal of functionalities or services available through the Online Store;
e) a material breach of these Terms and Conditions by the Customer.
YOOBEE shall notify the Customer of the termination by sending an appropriate notice to the e-mail address associated with the Customer Account.
These Terms and Conditions and all Agreements concluded pursuant to them shall be governed by and construed in accordance with the laws of the Republic of Poland.
If any provision of these Terms and Conditions is ambiguous or capable of more than one interpretation, the Parties shall interpret it in a manner that best reflects its legal and commercial purpose while ensuring compliance with applicable law.
If any provision of these Terms and Conditions or any Agreement requires a specific legal form to be fully effective, the Parties undertake to execute any supplementary agreement or perform any legal act necessary to ensure its validity and effectiveness.
Any amendment or supplement to an Agreement shall require confirmation by YOOBEE either:
a) in the Order Confirmation;
or
b) by e-mail,
unless mandatory provisions of applicable law require another form.
Before commencing court proceedings, the Parties undertake to make reasonable efforts to resolve any dispute through negotiations conducted in good faith.
Effective from: 1 March 2024