Your KAYA e-Gift Card Terms and Conditions

1. These Terms and Conditions apply to the purchase and use of Your KAYA e-Gift Cards in the Your KAYA Online Store available via the website www.yourkaya.pl (hereinafter referred to as the "Store"), operated by Bright Future, a limited liability company with its registered office in Wrocław, address: ul. Duńska 9, 54-427 Wrocław, entered into the register of entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under the KRS number 0000692159, NIP 5213792944, REGON 368186614, share capital in the amount of: PLN 14,300.00, BDO: 000552164, e-mail address: kontakt@yourkaya.com (hereinafter also referred to as: "Seller" or "Service Provider" or "Issuer").
2. Capitalized terms, unless otherwise indicated, have the meaning given in the Regulations of the yourkaya.pl online store
3. Your KAYA e-Gift Card can be used for purchases only in the Your KAYA Online Store available via the website www.yourkaya.pl
4. If you wish to contact us on any matter related to the functioning of e-Gift Cards and the Store, please contact us at the following e-mail address: kontakt@yourkaya.com. If you wish to contact us in writing, please write to us at the following address: Bright Future spółka z ograniczoną odpowiedzialnością, ul.Wiejska 11/8, 00-480 Warsaw.

§ 2. Definitions

1. Your KAYA e-Gift Card (hereinafter also referred to as " e-Gift Card" , " e-KP YK " or " e-KP ") - a bearer voucher in an intangible form (in the form of a digital file containing a unique code), made available in electronic form, which entitles the Customer/Buyer/User to exchange the amount indicated on the e-KP YK for Products available in the Store, with an expiry date and assigned information on the monetary value to be used, expressed in Polish zlotys (PLN).
2. Customer/Buyer – a natural person with full legal capacity (in cases specified by law, also a person with limited legal capacity), a natural person conducting business activity, as well as a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who intends to acquire, acquires or has acquired an e-Gift Card Your KAYA in exchange for funds transferred. The Customer/Buyer may be: a Consumer, an Entrepreneur with consumer rights, an Entrepreneur.
3. User – the bearer of the Your KAYA e-Gift Card.
4. e-KP Value - the monetary value to be used assigned to a given e-Gift Card expressed in Polish zlotys, up to which a given e-KP YK User may purchase Products in the Store.

1. By purchasing an e-Gift Card Your KAYA, the Buyer undertakes to transfer to the Issuer of e-KP YK funds in an amount equal to the nominal value of the purchased e-KP YK. Payment for e-KP YK can be made using any payment method available in the Store, which is an "upfront" payment, excluding deferred payments. It is not possible to purchase e-KP YK using another e-KP YK, and e-KP YK cannot be exchanged for another e-KP YK.
2. The Buyer placing an order for the selected Your KAYA e-Gift Card (from those available in the Store) is obliged to provide true and required information in the purchasing process, such as name and surname/name, e-mail address, contact phone number (optional). It is recommended that the Buyer makes sure before placing the order that the data, including the e-mail address to which the Your KAYA e-Gift Card is to be delivered, has been provided correctly.
3. After placing the order and making the payment, the Buyer will receive a confirmation of placing and accepting the order for processing at the e-KP YK e-mail address provided when placing the order, and then an e-mail notification from the Issuer containing a link to the file with the electronic record of the Your KAYA e-Gift Card (the e-Card can be downloaded to your device and/or printed). The Issuer should deliver the Your KAYA e-Gift Card no later than within 30 minutes from the moment of making and posting the payment of the funds equivalent to the purchased e-KP YK.
4. These Regulations are made available to the Customer free of charge before placing an order for the Your KAYA e-Gift Card in the Store by posting them on the website www.yourkaya.pl and together with the confirmation of placing the order in electronic form.
5. In order to purchase and receive the Your KAYA e-Gift Card to the e-mail address indicated by the Buyer when placing the order, payment must be made using the payment method chosen by the Buyer in accordance with the provisions of these Regulations and the Regulations of the yourkaya.pl online store , for an amount equivalent to the e-KP YK (i.e. the amount specified in §2 section 4 of these Regulations). In order for the purchase process to be finalized, the Buyer should select the "I buy and pay" option.
6. The redemption of an e-Gift Card (by making purchases using it) is possible after its actual receipt by the User and within its validity period.
7. The purchase of the Your KAYA e-Gift Card is excluded from all types of promotions organized by the Seller, including the purchase of the Your KAYA e-Gift Card, discount codes provided by the Seller do not apply. The payment for the e-KP YK should correspond to its nominal value.
8. e-KP YK is not an electronic money instrument or a payment card within the meaning of applicable law.
9. e-KP YK can be used for purchases in the Store under the terms described in the Regulations of the yourkaya.pl online store
10. Confirmation of delivery of the Your KAYA e-Gift Card is an e-mail notification sent to the Buyer by the Issuer containing a link to the file with the e-KP YK electronic record.
11. The sale of e-KP YK will be documented by an accounting note in the amount of the nominal value of Your KAYA e-Gift Cards purchased by the Buyer.

1. Your KAYA e-Gift Cards can be used to purchase Products in the Store at www.yourkaya.pl on the terms described in the Regulations of the yourkaya.pl online store , including the first subscription to Your KAYA Products. Your KAYA e-Gift Cards cannot be used to pay for subsequent subscriptions (apart from the first one) or to purchase products and services offered by entities other than the YK e-KP Issuer.
2. Only e-Gift Cards that come from the Issuer, have been properly paid for by the Buyer, and are active and valid can be used in the Store.
3. The buyer of the Your KAYA e-Gift Card may also be its User.
4. Payments made in the Store using the Your KAYA e-Gift Card are made by the User entering the unique code found on the Your KAYA e-Gift Card in the Cart during the ordering process in the place designated for the use of e-Gift Cards as the Discount Code or Gift Card field.
5. The value of the Your KAYA e-Gift Card will be reduced by the amount equivalent to the Products. If the value of the Products purchased is lower than the e-KP Value, the remaining funds will remain available for use using the e-KP YK until the e-KP YK validity period expires (the remaining funds cannot be paid to the User as change in cash or in any other way). If the funds on the e-KP YK do not fully cover the price to be paid for the purchased Product/Products, in order for the purchase transaction to be completed, the User shall cover the difference at their own discretion: with their own funds in accordance with the payment methods provided in the Store or with another Your KAYA e-Gift Card.
6. Placing Orders using the Your KAYA e-Gift Card may be combined with received discount codes or promotions.
7. For all transactions made using the e-Gift Card in the Store in matters not regulated by these Regulations, the provisions of the Regulations of the yourkaya.pl online store shall apply accordingly
8. You may use more than one Your KAYA e-Gift Card in a single order for Product(s).
9. Each Your KAYA e-Gift Card is valid for a period of 12 months from the date of purchase (which means that during the 12-month period it is possible for its User to make purchases in the Store using the YK e-KP), and after this period it expires and it will not be possible to use it.
10. At any time, the User can check the validity date and the Value of the e-KP by activating the link from the Issuer redirecting to the digital file containing the e-KP YK.
11. You can use the e-KP YK in the Store multiple times during its validity period until the limit specified therein is exhausted.
12. The e-KP YK cannot be exchanged for cash in whole or in part (including if the e-KP YK is not used within its validity period).
13. The Issuer reserves the right (to protect the interests of Buyers or Users) to temporarily block the possibility of using a given Your KAYA e-Gift Card at the request of the Buyer or User. In such a case, an e-mail should be sent to: kontakt@yourkaya.com in which it is recommended to provide the following information: the value of the e-Gift Card, the date of purchase and the e-mail from which the purchase was made.
14. It is recommended to exercise caution when providing your details, including the email address to which the Your KAYA e-Gift Card is to be sent.
15. Your KAYA e-Gift Card can be used by anyone who has a unique e-KP YK code. The Buyer and the User should protect the unique e-KP YK code from its unauthorized, unauthorised use, in particular not to disclose the unique e-KP YK code to third parties.

1. The Buyer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the purchase agreement for an unused e-KP YK without giving a reason within 14 days of receiving (purchasing) the e-KP. However, if the e-KP has been used before the expiry of this period, the right referred to in the first sentence cannot be exercised. The provisions of this paragraph apply only to Consumers or Entrepreneurs with consumer rights.
2. The right of withdrawal may be exercised by sending an e-mail containing a declaration of withdrawal from the contract to the address: kontakt@yourkaya.com or in writing to the address: Your KAYA ul.Wiejska 11/8, 00-480 Warsaw. The Buyer may use the sample withdrawal form provided by the Seller and constituting Annex No. 1 (or Annex No. 2 for an Entrepreneur with consumer rights) to the Regulations of the yourkaya.pl online store , however, this is not obligatory.
3. If the Buyer has used the option of submitting a declaration of withdrawal electronically, the Seller shall immediately send the Buyer a confirmation of receipt of his declaration of withdrawal from the contract by sending a message to the e-mail address provided by the Buyer.
4. After receiving information from the Buyer about exercising the right to withdraw from the e-KP purchase agreement, the Seller will verify in particular whether the returned e-Gift Card has not been used. In the event of positive verification, the amount equivalent to the e-Gift Card will be returned to the Buyer. The Seller will refund the payment using the same payment method that the Buyer used for the given e-KP order, unless the Buyer has expressly agreed to another payment method that does not involve any costs for them.
5. In the event of withdrawal from the e-KP purchase agreement, this agreement is deemed not to have been concluded.
6. The exercise of rights related to the right to withdraw from the purchase agreement for Products using e-KP is carried out on the principles specified in the Regulations of the yourkaya.pl online store , and in the case of returning the Product (Products) purchased using an e-Gift Card, the User will receive a refund of the amount previously paid (collected) from the e-Gift Card. The refund may be made on a newly issued e-Gift Card, and the amount of the refund will be equivalent to the amount of payment made with the e-Gift Card.

1. Complaints related to the purchase or operation of e-KP YK can be submitted by e-mail to the following address: kontakt@yourkaya.com or in writing to the following address: Your KAYA ul.Wiejska 11/8, 00-480 Warsaw
2. It is recommended that the complaint form contains data enabling the identification of the Buyer and the response to the complaint, i.e., among others: name and surname, correspondence address or e-mail address, order number, indication of the reason for the complaint, content of the request. The Buyer may use the complaint form provided by the Seller and constituting Annex No. 3 (or Annex No. 4 for an Entrepreneur with consumer rights) to the Regulations of the online store yourkaya.pl
3. Complaints related to the purchase or operation of e-KP YK are considered within 14 days from the date of filing the complaint. Replies will be sent to the specified e-mail address unless the Buyer expresses a desire to receive a written reply in a traditional manner, by post. If the Seller does not respond to the complaint within 14 days from the date of its receipt, it is considered that the complaint has been accepted.
4. Complaints regarding Products purchased using e-KP are handled in accordance with the principles set out in the Regulations of the yourkaya.pl online store

1. All personal data provided by the Buyer in connection with the purchase and use of Your KAYA e-Gift Cards are processed by the Seller (i.e. Bright Future spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław), which is the data controller.
2. Information regarding the processing of personal data is available in our Privacy Policy.

1. In the event of a dispute, a Customer who is a Consumer, in addition to the possibility of filing an application to the competent common court, may use an out-of-court method of handling complaints and pursuing claims.
2. Detailed information on the use of out-of-court dispute resolution and the procedure for accessing these procedures is available on the website of the Office of Competition and Consumer Protection at the following addresses:
   a. https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
   b. https://uokik.gov.pl/pomoc_dla_konsumentow.php
   as well as in the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection or Voivodship Inspectorates of Trade Inspection.
3. Examples of possibilities of using out-of-court methods of handling complaints and pursuing claims for a Customer who is a Consumer are:

1. Submitting a request to resolve the dispute to the permanent arbitration court at the Voivodeship Inspector of the Trade Inspection (pursuant to Article 37 of the Act of 15 December 2000 on the Trade Inspection);
2. Submitting a request for resolution of the dispute to the provincial inspector of the Trade Inspection (Article 36 of the Act of 15 December 2000 on the Trade Inspection);
3. Applying for free assistance to the District (Municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection (including the Association of Polish Consumers - http://porady.konsumenci.org/ ).

1. The Seller may introduce changes to these Regulations for important reasons, under the principles and in situations specified in detail in the Regulations of the yourkaya.pl online store (in §14).
2. Changes to the e-KP YK Regulations do not affect the scope of rights acquired by Buyers and Users before the introduction of these changes. The version of the e-KP YK Regulations in force on the date of placing the order by the Buyer shall apply to agreements concluded before the change to the e-KP YK Regulations.
3. In matters not regulated by these Regulations, the provisions of generally applicable law shall apply, including the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means and other relevant provisions of generally applicable law, and in addition, in the case of an e-Gift Card purchased in the Store, the provisions of the Regulations of the yourkaya.pl online store shall apply accordingly
4. The law applicable to the e-KP YK Regulations is Polish law.
5. These Regulations do not exclude the provisions in force in the country of habitual residence of the Consumer and the Entrepreneur on consumer rights concluding an agreement with the Seller, which cannot be excluded by means of an agreement. In such a case, the Seller guarantees the Consumer and the Entrepreneur on consumer rights the protection granted to him on the basis of the provisions, which cannot be excluded by means of an agreement.
6. The regulations are effective from 17/12/2024.