Detailed complaints procedure

The following terms used in these complaints regulations shall have the following meanings:

1.1 Customer – a natural person who has purchased Yokaba products not directly related to their business or professional activities.

1.2 Product – goods purchased by the Customer from the online shop at https://yokaba.pl/, at Yokaba’s premises or through a distributor of Yokaba sp. z o.o. A list of Yokaba distributors is available at https://yokaba.pl/pl,punkty-sprzedazy.html.

1.3 Device – lamp, nail drill.

1.4 Yokaba – Yokaba sp. z o.o., ul. Żwirowa 28, 05-506 Wilcza Góra, Poland – a manufacturer of nail styling products and body care products.

1.5 Yokaba’s registered office – ul. Żwirowa 28, 05-506 Wilcza Góra, Poland.

1.6 Complaints Department – ul. Żwirowa 28, 05-506 Wilcza Góra, Poland.

1.7 Physical defect – a defect consisting of the Product’s non-conformity with the contract, in particular:

The Product is not in conformity with the contract if:

1.7.1 it lacks the characteristics that an item of this kind ought to have, given the purpose specified in the contract or arising from the circumstances or intended use,

1.7.2 it lacks the characteristics which the seller assured the Customer existed,

1.7.3 it is not fit for the purpose of which the Customer informed the seller at the time the contract was concluded, and the seller did not raise any objection to such intended use,

1.7.4 was delivered to the Customer in an incomplete condition.

2.1 The Customer is entitled to lodge a complaint regarding a Product/Device with physical defects revealed during the warranty period (Article 556 et seq. of the Civil Code, Journal of Laws 2017.459, consolidated text of 2 March 2017). If the Customer is entitled to claims under the warranty, a complaint may be lodged during the warranty period specified in the warranty certificate. If repair is not possible, Yokaba undertakes to refund the amount resulting from the withdrawal from the purchase contract for the product in question.

2.2 The Customer may lodge complaints under the warranty for physical defects in the Product/Device, irrespective of any rights arising from the guarantee.

2.3 Liability for physical defects in the Product/Device, in the case of claims under the warranty or guarantee, includes: repair of the Product/Device free of charge, or replacement of the Product/Device. In the case of claims under the warranty, liability for physical defects in the Product/Device also includes the right to withdraw from the contract. The Customer may not withdraw from the contract if the physical defect in the Product/Device is minor.

2.4 Liability for physical defects in the Product/Device applies to defects that existed at the time the Product/Device was delivered to the Customer.

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2.5 Liability is excluded if the Customer was aware of the defect at the time of collection of the Product/Equipment.

3. Basic rules for lodging and handling complaints

3.1 Should a physical defect in the Product/Device arise during the warranty or guarantee period, the Customer is entitled to lodge a complaint.

3.2 The Customer may submit a complaint in any form: by email to reklamacje@yokaba.pl or in writing to the following address: ul. Żwirowa 28, 05-506 Wilcza Góra, Poland.

3.3 The Customer should submit their complaint using the complaint form, available for download at https://yokaba.pl/reklamacja_formularz.pdf, which must include the following details:

• the Customer’s first name and surname,

• the exact delivery address for the Product/Device,

• the Customer’s contact details, i.e. telephone number and email address,

• the Device’s serial number – in the case of a complaint regarding a device; for routers, two serial numbers: one for the router itself and one for the router handle,

• a description of the problem,

• order number,

• invoice/receipt number,

3.4 In order for Yokaba to process a complaint correctly, it must be able to verify the validity of the claim by establishing the existence of a fault and the causes thereof. Therefore, the Customer is required to deliver the defective Product/Device in its original packaging to the Complaints Department.

3.5 The Product/Device subject to the complaint, together with the completed complaint form, proof of purchase of the Product/Device and the warranty card, together with the warranty repair card (in the case of warranty claims), must be sent to the Complaints Department at the following address: ul. Żwirowa 28, 05-506 Wilcza Góra, Poland. The parcel should be marked: Complaint.

3.6 Proof of purchase is understood to mean, in particular, the following documents: VAT invoice, receipt.

3.7 Yokaba undertakes to respond to the complaint within 14 days of receiving the Product/Device and the completed documents. Failure by Yokaba to provide a response within the aforementioned period shall constitute acceptance of the complaint as valid.

3.8 A complaint is deemed to have been accepted upon the replacement of the defective Product/Device

with a Product or Device free from defects, its repair, or a refund of the purchase price

of the Product/Device. Where the defect relates solely to a part of the Product/Device, the replacement or repair may relate solely to that part.

3.9 Yokaba shall repair or replace the defective Product/Device without undue delay, within a timeframe determined by the type of defective Product or Device and the nature of the defect.

3.10 A complaint shall be deemed to have been rejected if Yokaba provides a reason for not recognising the defect and returns the goods to the Customer.

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4. Quantity-related complaints

4.1 Quantity discrepancies (incorrect quantity of the Product, missing Product in the parcel, a Product other than the one ordered) must be reported to Yokaba no later than 72 hours from the date of receipt of the Product.

4.2 If the Customer has been supplied with a Product other than the one ordered, the Customer may:

4.2.1 return the Product to the Complaints Department. The Product will be replaced with the correct one, as per the order, once the Product subject to the complaint has been delivered to the Complaints Department.

5. Rules for the delivery of goods subject to a complaint

5.1 The Customer is obliged to deliver the Product/Device subject to the complaint, together with a description of the complaint, to the company’s head office at the following address: Yokaba sp. z o.o., ul. Żwirowa 28, 05-506 Wilcza Góra.

5.2 Cash-on-delivery complaints parcels and parcels sent to parcel lockers will not be accepted by Yokaba.

5.3 The Product/Device subject to the complaint must be properly packaged to prevent further damage during transport. The Customer is responsible for the proper protection, packaging and dispatch of the Product/Device.

6. Other conditions for handling complaints

6.1 A complaint shall not be valid in the event of improper use or storage of the Product/Device, in particular if it is used in a manner inconsistent with the description provided on the Product/Device or in the leaflet accompanying the Product/Device. Mechanical defects caused by the Customer’s improper use of the Product/Device will not be considered.

6.2 Yokaba products are compatible only with other products of the same brand. If the Product is used with products of another brand, and as a result the Customer identifies a physical defect in the Product (e.g. the varnish does not cure), the complaint lodged by the Customer may prove to be unfounded following testing of the Product with other Yokaba brand products.

6.3 If the parcel shows signs of damage resulting from transport, the Customer is obliged to unpack it in the presence of the delivery person and, should any irregularities with the order be found, to draw up a damage report with them. The original damage report should be sent to the Complaints Department, together with the Product/Device subject to the complaint, to the registered office of Yokaba sp. z o.o., ul. Żwirowa 28, 05-506 Wilcza Góra.

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