General terms and conditions of the online shop
I. GENERAL PROVISIONS
II. ELECTRONIC SERVICES IN THE INTERNET SHOP
III. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
IV. METHODS AND CONDITIONS OF PAYMENT FOR THE PRODUCT
V. COST, TERMS AND TIME OF DELIVERY OF THE PRODUCT
VI. PRODUCT RECOVERY
VII. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
X. PROTECTION OF PERSONAL DATA
XI. TERMINATION OF THE SERVICE CONTRACT AND AMENDMENT TO ITS CONDITIONS
XII. PROVISIONS APPLICABLE TO NON-CONSUMERS
XIII. FINAL PROVISIONS
The online shop https://bioshi24.co.uk/ cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act shall apply. The provisions of these Regulations do not exclude or limit the rights of Consumers to which they are entitled under mandatory provisions of law, and any doubts shall be interpreted in favour of the Consumer. In the case of an unintentional conflict between the provisions of these Regulations and the aforementioned regulations, the latter shall prevail and the Seller shall apply them.
I. GENERAL PROVISIONS
- The online shop available at the following website: https://bioshi24.co.uk/ is operated by Intact Balance spółka z ograniczoną odpowiedzialnością with its registered office in Gnojnik, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XII Commercial Division, under the number 0000773091, NIP 382621884, share capital PLN 10 000.00. E-mail address: email@example.com, telephone number: +48 788 208 018 (hereinafter: "SELLER").
- The use of the online shop requires that the technical requirements of the terminal equipment and ICT system used by the Customer are met.
- The Regulations apply both to Clients who are Consumers and Clients who are not Consumers, using the Online Shop, Electronic Services or concluding Sales Agreements (with the exception of point XII of the Regulations, which applies only to Clients who are not Consumers).
- Acceptance of the General Terms and Conditions is voluntary, but necessary in order to set up an Account and/or make an Order or Reservation by the Customer.
- Information presented in the Internet Shop or, in the case of placing Orders using other means of distance communication, an electronic message with confirmation of the content of a proposed Sales Agreement, referred to in point III item 6 letter a of the Terms and Conditions, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, sent by the Seller to the Customers, and not an offer within the meaning of the Civil Code.
- Whenever the following capitalised terms are used in the remainder of these Terms and Conditions, they shall be construed as defined below unless the context of their use clearly indicates otherwise:
- BOK - the Seller's customer service office, which provides the Clients with information concerning the activity of the Internet Shop, including information about products, the Shop, regulations and current promotions, on working days, during the hours specified in the Internet Shop under the "Contact" tab, at the phone numbers and e-mail addresses indicated there, via the Internet Shop's chat room and the Internet Shop's contact form under the "Contact" tab. The cost of a call to the Customer Service is the same as a standard call - according to the price list of the relevant operator).
- PRICE - defined in Polish zloty or another currency amount of gross remuneration (including taxes) due to the Seller for transferring the ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of a promotion applied by the online shop provide otherwise.
- WORKING DAY - a day from Monday to Friday, excluding public holidays.
- PASSWORD - a sequence of alphanumeric characters required for authentication when accessing the Account, defined by the Customer when setting up the Account. Account registration requires the password to be repeated twice in order to enable the detection and correction of any errors. The Customer is obliged to keep the password secret (not to disclose it to third parties). The Seller shall provide the Customer with several options for changing the Password.
- CUSTOMER - (1) a natural person; or acting through an authorised person (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she is obliged to obtain the legally valid consent of his/her statutory representative to conclude a service agreement/sale agreement and to present this consent at each request of the seller, while as a rule sales agreements concluded within the online shop are agreements commonly concluded for minor everyday matters.
- CIVIL CODE - the Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121 as amended).
- CONSUMER - a natural person performing a legal transaction with the Merchant not directly related to his/her economic or professional activity.
- ACCOUNT - electronic service, set of resources in the Seller's ICT system, marked with an individual name (Login) and password given by the Customer, enabling the Customer to use additional functions/services. The Customer obtains access to an Account by means of a Login and Password. The Customer logs into his/her account after registering in the online shop. The Account makes it possible to register and store information about the Customer's address data for the purpose of shipping Products, track the status of an Order, access the history of Orders and Reservations and other services made available by the Seller.
- Shopping Cart - a service available to each Customer using the Online Store, which enables placing an Order for one or more Products, making a Reservation, entering discount codes enabling price reductions on the basis of separate agreements/accounts, displaying a summary of the price of individual Products and all the Products jointly (including possible shipment costs), displaying the estimated Product delivery date. The shopping basket contains offers submitted by the Customer in order to conclude a Sales Agreement, i.e. more than one offer to conclude a Sales Agreement may be submitted under an Order. In order to maintain the best quality of services rendered by the Online Store, the Seller may introduce a maximum limit of Products or a limit of the total Price of Products which may be added to the Basket while placing an Order or a Reservation. If this limit is exceeded, the Customer will receive a message asking them to contact the Seller in order to conclude a Sales Contract or make a Reservation for a larger number of Products.
- LOGIN - Customer's e-mail address indicated in the Online Store when creating an account.
- NEWSLETTER - an electronic service allowing all Customers who use it to receive cyclical information from the Seller, in particular about Products, the Online Store, including news and promotions, to the e-mail address or phone number indicated by the Customer, with their express consent. The rules of providing the newsletter service by the Seller are specified in separate regulations available at the Online Store.
- PRODUCT - a movable item available in the online shop being the subject of the sales contract between the Customer and the Seller, against payment of a price or subject to reservation.
- PROMOTIONS - special conditions of sale or provision of services, governed by the rules expressed in the online shop, offered by the Seller at a given time, which the Customer may take advantage of under the terms specified therein, e.g. reduction in Price or shipping costs.
- GENERAL TERMS AND CONDITIONS OF SALE / SERVICE AGREEMENT - this document defines the rules of concluding sales agreements and the rules of providing and using services made available to Customers by the Seller via an online shop. The Regulations define the rights and obligations of the Customer and the Seller. In the context of services provided electronically, these general terms and conditions constitute the regulations referred to in Article 8 of the Act of 18 July 2002 on electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
- INTERNET STORE - a platform used for placing Orders and making Reservations by the Customer and for provision of services made available by the Seller, managed by the Seller, constituting a set of interconnected websites, available at the following web address: https://bioshi24.co.uk/.
- CONTENT - text, graphic or multimedia elements (e.g. product information, product photos, promotional videos, descriptions, comments), including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are distributed within the online shop by the Seller, the Seller's contractors, the Customer or another person using the online shop, respectively.
- CONTRACT OF SALE - a contract of sale as defined by the Civil Code, concerning the sale of a Product by the Seller to the Customer in exchange for the payment of the Price plus any additional costs, including shipping costs, the conditions of which are defined in particular by these Regulations. Sales Agreement is concluded between the Customer and the Seller with the use of means of distance communication, after acceptance of the Order by the Seller, under the conditions specified in these Regulations. The sales agreement specifies, among other things, the product, its main features, price, shipping costs and other important conditions. Each product is subject to a separate contract of sale. This also applies to a situation in which the Seller, within the functionality of the Internet Shop, for objective (factually justified) reasons makes the conclusion or content of a Sales Agreement for a given Product dependent on the conclusion of another Sales Agreement, due to a direct relationship between these Products. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement without following the procedure specified in these Terms and Conditions, which will be confirmed in the form of an electronic message at the request of either of the parties to the Sales Agreement. Making a Reservation shall not constitute the conclusion of the Sales Agreement or the obligation to conclude the Sales Agreement.
- ELECTRONIC SERVICE - provision of services electronically within the meaning of the Act of 18 July 2002 on electronic provision of services (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller to the Client via the online shop in accordance with the Service Agreement. To the extent to which services are provided by entities cooperating with the Seller, the relevant provisions regarding the rules of using such services are included in the rules of service provision by such entities.
- ORDER - a declaration of will of the Customer expressing his or her direct will to conclude a Sales Agreement remotely, submitted by means of distance communication, specifying the Product with respect to which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary to conclude and perform the Sales Agreement, if applicable. The order of each Product is treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). This also applies when the Seller, within the functionality of the online shop, for objective reasons (justified by the actual state of affairs) makes the conclusion or content of a Sales Agreement for a given Product dependent on the conclusion of another Sales Agreement, due to a direct relationship between these Products. An order may be assigned a number and all offers are processed in parallel. The acceptance of an order implies the conclusion of a Sales Contract (see above).
II. E-SERVICES IN THE ONLINE SHOP
- The seller provides the following electronic services free of charge to customers via the online shop:
- enabling Customers to place Orders, make Reservations and conclude Sales Agreements under the terms and conditions set out in these General Terms and Conditions;
- presenting customers with advertising content tailored to their interests;
- enabling Customers to use the services of the Shopping Cart;
- enable browsing the Content placed in the Internet Shop;
- The Seller shall additionally provide the following services free of charge via the Internet Shop for Customers who have created an Account:
- maintaining the Customer's session after he/she has logged into the Account (using the browser);
- storing and making available to the Customer via the Account the history of Orders and Reservations.
- The use of the Account is possible after the Customer has completed the following steps together:
- filling in the registration form and accepting the provisions of these Regulations, b. clicking the "Register" button.
- The Agreement for the provision of Services is concluded when the Customer receives a confirmation of the conclusion of the Agreement for the provision of Services sent by the Seller to the email address provided by the Customer during registration. The Account is provided free of charge for an indefinite period of time. The Customer may at any time and without giving reasons delete the Account by sending a request to the Seller, in particular via e-mail to the address: firstname.lastname@example.org or in writing to the address: ul. Gnojnik 26, 32-864 Gnojnik. Setting up an Account is not required in order to place an Order or make a Reservation in the Online Store. Seller may introduce such a limitation within the functionality of the Online Store, in particular due to the relationship of the Product or type of Products with the services provided within the Account.
- The use of the Shopping Cart shall commence at the moment of adding the first Product to the Shopping Cart by the Customer.
- The customer is obliged in particular to:
- provide in the forms made available in the Internet Shop only true, up-to-date and all the necessary Customer data;
- immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Agreement for the provision of Services or Sales Agreement, in particular to the extent to which it is necessary for their proper execution; the Customer has the opportunity to change the data entered during the creation of the Account at any time using the options available within the Account;
- use of services and functionalities made available by the Seller in a manner that does not disrupt the functioning of the Seller, the Internet Shop (action disrupting the functioning of the Seller, the Internet Shop or the Application may be considered in particular placing Orders in a manner that justifies a suspicion of using tools automating the Order placement process, in particular bots, or using services and functionalities made available by the Seller in a manner indicating an intention to violate the provisions of the Regulations or the law);
- use the services and functionalities made available by the Seller in a manner compliant with the provisions of law, provisions of these Terms and Conditions, as well as with the accepted custom in the given scope and rules of social coexistence;
- use services and functionalities made available by the Seller in a way that is not onerous for other Clients and the Seller;
- timely payment of the Price and other costs agreed by the Customer and the Seller in full;
- timely collection of Products ordered using cash on delivery and cash on delivery payment methods and subject to Reservation;
- not to deliver and not to transmit within the scope of the Internet Shop any Content which is forbidden by the law, in particular Content infringing third parties' copyrights or their personal interests;
- Complaints related to the provision of Electronic Services can be submitted e.g.:
- in writing to the address: 26 Gnojnik Street, 32-864 Gnojnik;
- in electronic form via e-mail to: email@example.com.
- It is recommended that the Customer provide in the description of the complaint (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Client's request and (3) contact details of the complainant - this will facilitate and accelerate the examination of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
- The Seller shall respond to the complaint immediately, no later than within 30 days from the date of its submission, in accordance with Article 7a Paragraph 1 of the Act, unless a different term results from the provisions of law or separate regulations.
III. CONDITIONS FOR ENTERING INTO A SALES CONTRACT
- The main features of the service, including the subject of the service and the manner of communicating with the Customer, are specified on the Product page or in another manner appropriate for the given Product, within the scope of the Internet Shop.
- As part of the development of the services provided, the Seller may introduce other methods of placing Orders using means of distance communication, under the terms and conditions specified in these Regulations.
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after submitting the Order by the Customer.
- The Seller enables the Customer to place an Order via the Internet Shop in the following way, successively:
- The Customer adds the selected Product(s) to the Basket and then proceeds to the order form.
- The Customer who has an Account confirms in the order form the validity of the data necessary to conclude and perform the Sales Agreement. A User who does not have an Account must independently fill in the order form with the data necessary to conclude and perform the Sales Agreement. In any case, providing outdated or untrue Customer data may prevent the execution of the Sales Agreement. In the order form it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, number of the house/apartment, postcode, town, country), e-mail address, contact phone number and data concerning the Sales Agreement: Product/s, quantity of Product/s,place and method of delivery of Product/s, method of payment. In the case of Customers who are not Consumers, it is also necessary to provide their company name, and if they have requested a VAT invoice form, also the NIP number.
- The Customer chooses one of the delivery methods provided by the Seller.
- The Customer chooses how to pay the Price and any other total costs of the Sales Agreement indicated on the order form.
- The Customer sends an Order (submits an offer) to the Seller using the available functionality of the On-line shop (button: "Order and pay"). In case of a Customer who does not have an Account and has not accepted the Terms and Conditions before, the acceptance of the Terms and Conditions is required.
- When placing an Order, until the moment of pressing the "Order and pay" button, the Customer has the possibility of correcting the data entered within the "Basket" panel by adding or removing a given item from the Basket. The deletion of an item may result in the automatic deletion of another item from the Basket due to the direct relationship between the Products.
- Depending on the payment method selected, the Customer may be redirected to the pages of an external payment service provider to make payment.
- The Seller, in response to the Order, immediately sends an automatic message to the Customer's e-mail address provided for that purpose by the Customer, confirming the receipt of the Order and the commencement of its verification.
- After verifying the Order, without unreasonable delay, the Seller sends a message to the Customer at the e mail address provided with:
- confirmation of acceptance of one or several individual offers for the Products placed under the Order and confirmation of conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or b. information about non-acceptance of all offers for the Products placed under the Order, in particular for reasons specified in point IV.5-7 below (non-payment or non-conclusion of consumer credit agreement); or for reasons specified in point XI.5 below (non-collection of the shipment).
- The Sales Agreement is concluded at the moment of confirmation of the offer(s), i.e. receipt by the Customer of the message referred to in section 9 a above regarding the Products indicated therein.
- In the event that all or some of the offers made under the Order cannot be accepted, BOK will contact the Customer to:
- inform the Customer that it is not possible to accept all offers made under the Order to conclude a Sales Agreement; or
- confirmation by the Customer of the will to carry out the Order in the part in which the Seller has agreed to accept the offers to conclude the Sales Agreement. The Customer may then cancel the Order in its entirety (for all offers), which does not affect his right to withdraw from the contract. Cancellation of an Order by the Customer shall release the Seller from the obligation to execute it. In case of cancellation of an Order, item 12 below shall apply accordingly.
- If it is not possible to accept the offer(s) submitted as part of the Order, the Sales Agreement with respect to the Products indicated by BOK is not concluded, and the Seller shall immediately, no later than within 14 days, return to the Customer the payments made by him/her, to the extent to which the Sales Agreement has not been concluded. The provisions of point VIII item 6 of the Terms and Conditions shall apply accordingly.
- The Seller may independently inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, SMS or by telephone.
- The Seller shall endeavour to ensure availability of Products and performance of the Sales Agreement. In the case of inability to perform and in other situations defined by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, may apply, in particular concerning the obligation to immediately return the benefit to the Consumer.
- 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 specify a threshold for the minimum value of the Order for which shipment of the Products is free. The Customer is informed about total price including taxes of the Product being the subject of the Order, as well as about costs of delivery (including fees for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, while placing the Order, including also at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
- Promotions valid in the Online Shop are not cumulative, unless the provisions of the Promotion expressly state otherwise.
IV. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
- The Seller shall make available to the Customer, subject to the provisions of point XI item 5, various methods of payment for the Sales Agreement.
- The currently available methods of payment are specified in the Online Shop under "Methods of payment" and each time on the subpage of a given Product, including at the moment when the Customer expresses his or her will to be bound by the Sales Agreement. The available payment methods may depend on the delivery method or Product chosen by the Customer. The available methods of payment may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
- Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via authorised services.
- In case the Seller does not receive payment from the Customer who uses the "upfront" payment method, i.e. H. bank transfer, electronic payment or credit card, the customer service may contact the customer, e.g. by sending an e-mail, and remind him of the payment. If payment is not made within 3 days of the order being placed, and again not within a further 2 days, the offer made by the customer under the order will not be accepted. The customer may also cancel his order without consequences by contacting the Seller through customer service until he receives the shipping confirmation message, which does not affect his right to withdraw from the contract.
- In the case of choosing the payment method "cash on delivery" at the delivery of the consignment or "cash on delivery" at personal collection, the Customer is obliged to make the payment at the collection of the consignment. Refusal or failure to collect the consignment, despite the appointment of an additional reasonable period of time, is a condition for the termination of the sales contract. The customer may also cancel his order within the indicated period without consequences, which does not affect his right to withdraw from the contract.
V. COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT
- Delivery of the Product is available in the territory of the Republic of Poland and to selected countries indicated in the tab "Delivery Costs" in the Internet Shop and each time on the subpage of a given Product.
- The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The currently available methods and costs of Product delivery are indicated to the Customer in the "Delivery costs" tab in the Online Shop, as well as on each Product subpage, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
- The methods of delivery available may depend on the method of payment chosen by the Customer or the Product. The available delivery methods may change when several Orders are placed at the same time, in particular in respect of Products covered by those Orders.
- The total waiting time for the Product to be received by the Customer (delivery time) consists of the time taken by the Seller to prepare the Order for dispatch and the time taken by the carrier to deliver the Product.
- The Product shall be delivered to the Customer within 14 Business Days, unless a shorter period is specified in the Product description or during the Order placement process.
- The time of preparing the Order for dispatch by the Seller is each time presented on the Product subpage and is counted from the day (the beginning of the delivery period):
- crediting the Seller's bank account or settlement account - if the Customer chooses to pay by bank transfer, electronic payment or payment card
- conclude a Sales Agreement - if the Customer chooses cash on delivery payment method.
- The aforementioned time shall be increased by the time of delivery of the Product by a given carrier, which depends on the form of delivery chosen by the Customer and is each time presented on the subpage of a given Product and in the "Order completion" tab in the Internet Shop.
VI. PRODUCT COMPLAINT
- The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined in the provisions of the Civil Code Act, in particular in Article 556 and subsequent articles of the Civil Code.
- Products presented in the Online Shop may be covered by a manufacturer's or distributor's warranty. Detailed warranty conditions and its duration are then specified in the warranty card issued by the guarantor and attached to the Product.
- The Seller is obliged to deliver the Product without defects to the Customer.
- A complaint can be made by the Customer e.g. in writing to the address: ul. GNOJNIK 26, 320864 GNOJNIK.
- If a sold Product has a defect, the Customer may:
- make a statement about reducing the Price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer will replace the defective Product for a defect-free one or will remove the defect. The reduced price should be in such proportion to the price resulting from the agreement, in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect in the Product is insignificant;
- demand replacing the Product with a defect-free one or removing 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 excessive inconvenience for the Customer;
- The Customer may instead of defect rectification proposed by the Seller, demand replacing the Product with a defect-free one or instead of replacing the Product demand rectification of the defect, unless bringing the Product into conformity with the agreement in the way selected by the Consumer is impossible or requires excessive costs in comparison with the way proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects, type and importance of the defect found, as well as inconvenience to which the Consumer would be exposed by another way of satisfaction shall be taken into account.
- It is recommended that the Customer provide in the description of the complaint (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only recommendations and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
- The Seller shall respond to the Customer's complaint immediately, no later than within 14 days of its receipt. If the Customer has requested replacement of the item or removal of the defect or has made a declaration on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days of its receipt, it is considered that the request is justified.
- If, in order for the Seller to respond to the Client's complaint or exercise the Client's rights under warranty, it will be necessary to deliver the Product to the Seller, in accordance with Article 561(2) in connection with Article 354 § 2 of the Civil Code, the Client will be obliged to deliver the Product at the Seller's expense to the address ul. GNOJNIK 26, 320864 GNOJNIK.
- The Seller is liable under warranty if a physical defect is found before the lapse of two years from the date of release of the Product to the Customer. Claims for removal of defects or replacement of the Product with a defect-free one become time-barred after one year from the date of finding the defect, however, in the case of an Order placed by a Consumer - the period of limitation cannot end before the expiry of the period referred to in the first sentence.
VII. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THOSE PROCEDURES
- The use of out-of-court complaint and redress procedures is voluntary. The following provisions are for information purposes only and do not constitute an obligation on the part of the Seller to use out-of-court means of dispute resolution. The Seller's statement on the consent or refusal to participate in the procedure on out-of-court settlement of consumer disputes is submitted by the Seller on paper or another durable medium in the case when, following the complaint submitted by the Consumer, the dispute has not been resolved.
- A Customer who is a Consumer has the following examples of out-of-court complaint and redress procedures:
- The Customer has the right to apply to the permanent amicable consumer court acting at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement.
- The Customer has the right to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), to initiate mediation proceedings on out-of-court dispute resolution between the Customer and the Seller.
- The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance of a county (municipal) consumer advocate or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Polish Consumer Association).
- The Customer can submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between traders and Consumers.
VIII. RIGHT OF WITHDRAWAL
- A consumer who has concluded a distance contract may withdraw from it without giving any reason and without incurring any costs other than those provided for by law, within a period of time:
- 14 days from the day referred to in the following paragraph 3 (hereinafter also referred to as the "Statutory right of withdrawal"); b. from the 15th to the 100th day from the day referred to in the following paragraph 3 (hereinafter also referred to as the "Extended right of withdrawal") - subject to the following paragraph 11.
The above does not apply to a contract, the subject of which is a non-reproduced item, manufactured to the Customer's specification or serving to satisfy his individual needs. The exercise of any of the above rights shall not affect other contracts, in particular to the extent that:
- have been concluded together with the contract subject to cancellation as a result of multiple Orders placed by the Customer at the same time, or
- The Seller has made the conclusion or the content of the contract covered by the withdrawal declaration dependent on the conclusion of another contract due to a direct relationship between the Products.
To meet the deadline it is sufficient for the Consumer to make a statement to the Seller before its expiry. The Consumer may make any unambiguous statement in which he informs about his withdrawal from the Sales Agreement. Statement of withdrawal from the Sales Agreement may be made for example:
- in writing to the address: ul. GNOJNIK 26, 320864 GNOJNIK;
- electronically by e-mail to: firstname.lastname@example.org;
- using the withdrawal form attached hereto as Annex 1.
- The consumer may use the model withdrawal form, but it is not obligatory.
- The period for withdrawal from the Sales Agreement starts from the date of taking possession of the Product by the Consumer or a third party indicated by him other than the carrier, and in the case of a Sales Agreement which:
- includes multiple Products which are delivered separately, in instalments or in parts, from taking possession of the last Product, instalment or part, or
- consists in the regular provision of Products for a period of time to be determined - from taking possession of the first Product;
- In the case of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the agreement, return to the Consumer the payments made by him, including the costs of delivery of the Product (with the exception of additional costs arising from the chosen by the Consumer method of delivery other than the cheapest ordinary method of delivery available at the Online Shop).
- In the event that the Consumer exercises his statutory right of withdrawal, the Seller shall reimburse the payment made by the Consumer using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs to him. In the event that the return of payment cannot be made using the same method of payment used by the Consumer due to the fact that the Seller no longer supports a specific method of payment, the Seller shall make the return using a method of payment that corresponds as closely as possible to the characteristics of the method of payment previously used by the Consumer. If the Consumer exercises the Extended Right of Revocation, the Seller may refund the payment using the method of payment indicated by the Seller. If the Seller has not offered to collect the Product from the Consumer itself, the Seller may withhold the reimbursement of payments received from the Consumer until it has received the Product back or the Consumer has provided evidence of having sent it back, whichever event occurs first. In the event that the return of payment is to be made to the Consumer's bank account, the Seller shall return the payment to the bank account specified by the Consumer (e.g. on the withdrawal form), and in the absence of indication by the Consumer of the bank account to which the return of payment is to be made, the Seller shall return the payment to the bank account with the use of which the Consumer paid the payment in connection with the Sales Agreement from which he withdraws.
- The Consumer shall be obliged to immediately, no later than within 14 days from the date, on which they have withdrawn from the Sales Agreement, return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product themselves. To meet the deadline it is enough to return the Product before its expiry. The Consumer may return the Product to the address: ul. GNOJNIK 26, 320864 GNOJNIK. Please attach, if possible, a proof of purchase of the Product or a printed electronic proof of purchase of the Product.
- If the Consumer exercises his/her statutory right of withdrawal, the Consumer shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- The Consumer shall only bear the direct costs of returning the Product. The Seller may, as part of special offers, offer the Consumer the opportunity to purchase the Products to be returned.
- Subject to paragraph 9 above, the right of withdrawal from a distance contract referred to in paragraph 1(a) or (b) above shall not be granted to the Consumer in the cases indicated in the provisions of the Civil Code, in particular with regard to contracts:
(1) for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer who was informed before the provision was made, that after the Seller's performance he will lose the right to withdraw from the contract;
(2) where the object of the supply is a non-refabricated item produced to the Consumer's specification or intended to meet the Consumer's individual needs;
(3) in which the object of the supply is a product delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
(4) in which the object of the supply is Products which after delivery are, by their nature, inseparable from other goods.
- The exclusive rights to the Content made available/placed within the Internet Shop by the Seller or its contractors, in particular copyright, the name of the Internet Shop (trademark), graphic elements included in it, software and database rights are legally protected and belong to the Seller or entities with whom the Seller has concluded relevant agreements. The Client is entitled to use the above-mentioned Content, free of charge, as well as to use the Content placed in accordance with the law and already distributed by other Clients within the Internet Shop, however, only within the scope of their own personal use and solely for the purpose of proper use of the Internet Shop, throughout the world. Any other use of the Content is only permissible on the basis of an express prior consent granted by an authorised entity, in writing under pain of invalidity.
- The Client, placing within the scope of the Internet Shop any Content, in particular graphics, comments, opinions or statements in the Account or in any other place of the Internet Shop, hereby grants to the Seller a non-exclusive, royalty-free licence to use, record, modify, delete, complete, publicly perform, publicly display, multiply and distribute (in particular on the Internet) this Content, throughout the world. This right includes the right to grant sub-licences to the extent justified by the performance of the Sales Agreement or the Service Agreement (including the functioning and development of the Online Shop), as well as the right to exercise, individually or through third parties, the dependent rights to develop, adapt, modify and translate the work within the meaning of the Act on Copyright and Related Rights of 4 February 1994.
X. PROTECTION OF PERSONAL DATA
- The Customer's personal data is processed by the Seller as the administrator of the personal data.
- Providing personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services, conclude a Sales Agreement or make a Reservation.
- The Customer's personal data may be processed for the purpose of performing the sales agreement, for the purpose of proper performance of services provided electronically and for the purpose of keeping the Customer informed about the products and services offered by the Seller.
XI. TERMINATION OF THE SERVICE AGREEMENT AND AMENDMENT TO THE REGULATIONS
- The Vendor may at any time terminate the Service Agreement or any licence agreement granted under clause IX of the Terms and Conditions with the Customer upon one month's notice for valid reasons, understood as (closed catalogue):
- change in the provisions of law governing the provision of services by electronic means by the Seller, affecting mutual rights and obligations set out in the agreement concluded between the Customer and the Seller, or a change in the interpretation of the above-mentioned provisions of law as a result of court judgments, decisions, recommendations or recommendations of competent offices or authorities in a given field;
- a change in the manner in which the services are provided due solely to technical or technological reasons (in particular, updating of the technical requirements set out in these Terms and Conditions);
- change in the scope or provision of services to which the provisions of the Regulations apply, through the introduction of new, modification or withdrawal by the Seller of the existing functionalities or services covered by the Regulations.
- Irrespective of the content of item 1, having regard to special care of the Seller for the protection of the Client's personal data and their processing for an appropriate period of time, the Seller may terminate the Agreement for the provision of Services with immediate effect if the Client has not been active in the Online Shop for an uninterrupted period of at least 3 years.
- The Seller sends its statement to the e-mail address provided by the Customer when creating an Account or placing an Order.
- The Seller may terminate the Service Agreement or any licence agreement granted under point IX of the Terms and Conditions with a seven-day notice to the Client and/or deny the Client further right to use the Online Store and place Orders, as well as restrict the Client's access to some or all of the Content, for important reasons, i.e. in the case of a gross violation of these Terms and Conditions by the Client, i.e. in situations where the Client (closed catalogue) violates the provisions of point II item 7 a, c, d, e, h, of the Terms and Conditions.
- For important reasons, i.e. in the case of gross violation of these Terms and Conditions by the Customer, in a situation where the Customer has violated the provisions of point II.7 c, f or g of the Terms and Conditions (closed catalogue) the Seller may, in order to avoid further damage, not accept the Customer's offer, including with respect to specific forms of payment or delivery. This provision is applicable irrespective of what data the Customer identifies himself/herself with and what data he/she provides when placing the Order, in particular when the Customer at the same time violates the provision of point II item 7a of the Terms and Conditions.
- The Regulations and appendices to the Regulations constitute a model contract within the meaning of Article 384 § 1 of the Civil Code.
- The Seller may amend these Terms and Conditions (with the exception of point XII of the Terms and Conditions, which applies to Clients who are not Consumers and may be amended at any time on the basis of universally binding provisions of law) in the event of the occurrence of at least one of the following important reasons (closed catalogue):
- change in the provisions of law governing the sale of Products or provision of services electronically by the Seller, affecting mutual rights and obligations specified in the agreement concluded between the Customer and the Seller, or change in the interpretation of the above-mentioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of competent offices or authorities in a given scope;
- a change in the manner in which the services are provided due solely to technical or technological reasons (in particular, updating of the technical requirements set out in these Terms and Conditions);
- change in the scope or manner of providing services to which the provisions of the Regulations apply, through the introduction of new, modification or withdrawal by the Seller of the existing functionalities or services covered by the Regulations.
- In the case of amendments to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available through publication in the Online Shop and by means of a message sent to the e-mail address given by the Customer when concluding the Service Agreement, which is considered by the Parties to be the introduction of information about the amendment to the electronic means of communication in such a way that the Customer could familiarise himself with its content.
The amendment to the Terms and Conditions shall become effective 14 days after the date of dispatch of information on the amendment. In the case of Clients who have concluded a Service Agreement, i.e. who have an Account, they have the right to terminate the Service Agreement within 14 days from the date of being informed of the amendment to the Regulations. Changes to the Terms and Conditions that have a positive impact on the situation of the Client who is a Consumer, in particular granting him/her additional rights, come into force on the date indicated in the Terms and Conditions, and in the absence of such indication - on the date of dispatch by the Seller of information on the change to the Terms and Conditions. The change of the Regulations does not affect Sales Agreements concluded by the Customer and the Seller before the change of the Regulations.
XII. PROVISIONS CONCERNING NON-CONSUMER CUSTOMERS
- This point XII of the Terms and Conditions applies only to Clients who are not Consumers.
- The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 days from the date of its conclusion. In this case the withdrawal from the Sales Agreement may be made without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a Consumer.
- In case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including the requirement to make a full or partial prepayment, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
- At the moment of handing over the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a Consumer. In such a case, the Seller shall not be liable for loss, diminution or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer and for delay in delivery.
- In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a Consumer is excluded.
- In the case of Clients who are not Consumers, the Seller may terminate the Service Agreement or any licence agreement concluded on the basis of these Terms and Conditions with immediate effect and without indicating reasons by sending an appropriate statement in any form to the Client.
- Neither the Vendor nor its employees, authorised representatives and agents shall be liable to the Customer, its subcontractors, employees, authorised representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
- In each case of establishing the liability of the Seller, its employees, authorised representatives and/or proxies, the liability in relation to a Customer who is not a Consumer, regardless of its legal basis, shall be limited - both within a single claim and for all claims in total - to the amount of the paid Price and delivery costs for the last Sales Agreement, but not more than one thousand PLN.
- Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
XIII. INAL PROVISIONS
- The Regulations are effective as of 2022-05-15
- The contracts concluded by the Seller shall be concluded in Polish.
- Recording, securing and making available the essential provisions of the concluded Agreement for Provision of Services by Electronic Means shall take place by sending an e-mail to the e-mail address provided by the Customer.
- Fixing, securing, making available and confirming to the Customer the important provisions of the Sales Agreement takes place by sending to the Customer an e-mail with the confirmation of placing an Order (permanent carrier). The content of the Sales Agreement is additionally recorded and secured in the IT system of the Internet Shop. After concluding a Sales Agreement, the Seller shall provide the Customer with a proof of purchase in an electronic form or together with the parcel containing the Product. The consignment may also include a specification of the Order. If the Customer requests a VAT invoice, the Customer agrees that the VAT invoice should be sent to the e-mail address provided by the Customer. The Seller may introduce technical means of authenticating the Customer before the Customer collects the proof of purchase or the VAT invoice.
- The Seller shall provide technical and organisational measures appropriate to the degree of risk to the security of the functionality or services provided under the Service Agreement. The use of Electronic Services involves typical threats to the transmission of data via the Internet, such as their dissemination, loss or gaining access to them by unauthorised persons.
- The content of the Terms and Conditions is available to Customers free of charge at the following URL https://www.bioshi24.co.uk/terms, where Customers may view and print it at any time.
- The Seller informs that using the Internet Shop via a web browser, including placing an Order, as well as making a phone call, may be associated with the necessity of incurring costs of Internet connection (data transfer fee) or costs of a phone call, in accordance with the tariff package of the service provider used by the Customer.
- In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.
- The choice of Polish law under these Terms and Conditions shall not deprive the Consumer of the protection granted to him under provisions that cannot be excluded by agreement between the Seller and the Consumer under the law that would be applicable under the relevant regulations in the absence of the choice.
Annex 1 - Model withdrawal form