Terms and conditions

 

Terms and conditions of Bioelixire Gęste Włosy online store

§ 1. Parties to the transaction

1. Bioelixire Polska ul. Dunajecka 19, 60-413 Poznań, taxpayer identification number (NIP) 9721266342, business identification number (REGON) 365282435 (hereinafter: “Store”), is the owner of the online store, available at URL: www.gestewlosy.pl (hereinafter referred to as the “Website”), which is a data communications system within the meaning of the Electronic Services Act of July 18, 2002, providing for the processing and storage, as well as the sending and receiving of data via telecommunications networks. The Store sells by mail order the following articles and products: cosmetics, dietary supplements, accessories, hairdressing tools (hereinafter: “Goods”).

2. Individuals, including sole proprietors making purchases through the Website (hereinafter: “Purchasers”) declare that they are of full legal age and have full legal capacity, necessary to conclude a sales contract through the Website.

3. The party making sales of Goods through the Online Store is the Store.

4. These Regulations (hereinafter: “Regulations”) set out the rules for purchasing Goods and placing orders through the Website, the rules for acceptance and execution (delivery) of the ordered Goods and the costs related thereto, regulations related to the return of Goods, as well as the rights and obligations of the parties to the concluded sales contract, including the rights and obligations arising from any non-compliance of the Goods with the contract.

§ 2 Subject of transactions

1. The subject of transactions of sales contracts concluded by placing an order via the Website are the Goods indicated in the Store’s commercial offer, appearing on the Website at the time of placing an order if they are available at the time of accepting the order by the Store. Descriptions of the Goods, together with prices, constitute an invitation to conclude a contract and cannot be construed as an offer within the meaning of the Civil Code. By placing an order, the Purchaser simultaneously makes an offer to purchase the indicated Goods for the price and with the characteristics specified in the description of the Goods on the Website.

2. Up-to-date information on availability and stock levels for specific Goods, as well as their prices, are made available to the Purchaser at the latest at the time of expressing the will to be bound by the contract. Prices posted on the Website are not fixed and may be subject to change at the Store’s discretion, which the Store will inform about by posting the new price.

3. The prices of all Goods available on the Website are expressed in Polish zloty.

4. The Store reserves the right to change prices of Goods, organize and cancel promotional actions and sales on the Website. The above right of the Store shall not affect the rights of Purchasers, including the terms of orders placed before the effective date of such changes.

§ 3 Placing orders

1. The Purchaser should, as part of placing an order on the Website, select the type and quantity of Goods, the form of payment and the date and time of delivery, and indicate the place of delivery of the Goods.

2. An order of some or all of the Goods may be subject to a quantity limit or weight limit of the Goods within a single order. In the case, as described in the sentence above, if during the completion of the order on the Website the number of selected Goods or their weight exceeds the permissible limit, the Purchaser will be informed about it, at the latest at the time of order confirmation by the Store. In such a case, the Purchaser may cancel the order or cancel a part of it, at the same time allowing the Store to execute a partial order, not exceeding the indicated limit.

3. The contract of sale is concluded upon confirmation by the Store of acceptance of the order for processing, as detailed in § 5 of these Regulations.

4. The Seller sends confirmation of the order to the e-mail address and/or telephone number provided by the Purchaser.

5. If there are Goods available on the Website, the price of which depends on their weight, the price of such Goods is specified as the price per given weight unit. In such case, the price that the Ordering Party will pay for the ordered Goods will depend on the actual weight of the ordered Goods.

§ 4 Method of contact with the Purchaser

At the latest at the time of submitting his/her personal data when placing an order or in order to obtain information on the availability or characteristics of the Goods on the Store’s commercial offer, the Purchaser provides his/her e-mail address in order to enable the Store to comply with the information obligation under Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: ” GDPR “), as well as his/her telephone number. The Store shall contact the Purchaser in connection with the concluded contract or in connection with an inquiry sent via the e – mail address and/or telephone number indicated by the Purchaser.

§ 5 Confirmation of orders

1. Each order placed by the Purchaser in the Store must be confirmed by the Store within 24 hours of receiving the order. Confirmation of the order by the Store is equivalent to the conclusion of a contract of sale between the Purchaser and the Store.

2. An unconfirmed order may be canceled by the Store if it is not possible to confirm its fulfillment due to the Purchaser’s failure to provide the necessary contact information or address for delivery of the ordered Goods, in the lack of availability of the Goods selected by the Purchaser or the Purchaser’s failure to respond to the Store’s questions about the order made, necessary for its fulfillment (valid reason), in particular issues related to the order limit referred to in § 3.2 of the Regulations. Cancellation of the order in the form of a message will be sent by e-mail within 7 working days from the date of placing the order, while indicating valid reasons for cancellation of the order.

3. No contract of sale or any other civil-legal contract is concluded between the parties until the receipt of the Purchaser’s order is acknowledged and confirmed by the Store.

4. Subject to point. 2 above, upon confirmation of acceptance of the order the contract of sale of the Goods between the Purchaser and the Store is concluded, except that the Store may withdraw from the contract after the ineffective expiration of an additional 14-day period, designated to the Purchaser who is a consumer, following the admission by the latter of a delay in performance of the obligation by non-payment of the due remuneration. In the event of non-availability of the Goods purchased by the Purchaser, the Store will immediately inform the Purchaser of the circumstance, leaving the Purchaser the choice between requesting fulfillment of the sales contract taking into account the delay and withdrawal from the contract and recovery of the amount of money paid.

§ 6 Payment methods

Payment for the ordered Goods may be made in the manner indicated on the Website:

1. by bank transfer before delivery of the Goods, or

2. by credit or debit card (Visa, Mastercard) – online transaction through the card authorization center indicated on the Website, or by any other payment method indicated during order processing.

3. cash on delivery

2. For payment in the form in question, the Store may use external payment service providers (PayU, Przelewy24, DotPay others). Consequently, in order to make a payment, the Purchaser may be redirected to the website of the specified payment service provider. Before making a payment, the Purchaser declares that he/she has familiarized himself/herself with the terms and conditions of the payment provider and the content of the consents requested by the payment provider.

3. The commissions of third-party service providers for the Purchaser’s use of selected forms of payment are covered by the Store. The subject does not apply to fees and commissions that may be charged by a specific bank through which the Purchaser purchases Goods on the Website.

4. Payment information is sent to the Purchaser by email when the order is placed, to the email address indicated by the Purchaser.

5. The processing of the order is started immediately after the payment is credited to the Store’s account.

6. Immediately before placing an order, the Store will provide the Purchaser with information about the total price of the Goods and any additional charges, if any, to be borne by the Purchaser (transportation, any other additional services).

§ 7 Implementation timeframe

1. Order processing time is the time counted from the Store’s confirmation of acceptance of the order (but not earlier than the date of receipt of full payment for the ordered Goods) until the order is shipped to the Ordering Party, and only business days are taken into account when calculating the order processing time.

2. If an order is placed which includes an unavailable Good, the Store will inform the Purchaser of this in accordance with the provisions of the Regulations. In such a case, the order processing time shall be suspended until the Purchaser decides to wait for the availability of the missing Goods in order to complete the entire order, or to complete the order excluding the missing Goods.

3. The Store reserves the right to extend the delivery time in situations beyond the control of the Store (in particular, the circumstances of force majeure, strike, interruption of utilities or enactment of legislation that significantly hinders or prevents the supply of Goods in the manner accepted by the Store or otherwise hinders or prevents its operations in their current form) is not able to process the order in a timely manner. In this case, the Purchaser will be informed of this fact without undue delay, either by e-mail or by telephone contact.

§ 8 Delivery of goods

1. Ordered Goods are delivered exclusively in the territory of the Republic of Poland.

2. Delivery of the Goods is made only in the selected area of the Republic of Poland. Before placing an Order, the Purchaser may check whether the area of interest is covered by the delivery of Goods through the Website, and in the absence of such a module on the Website or its temporary unavailability, the Purchaser may direct a question in this regard to the Store, which should respond without delay.

3. Delivery of Goods is carried out through couriers, acting on behalf of the Store.

4. Costs associated with the delivery of the ordered Goods shall be borne by the Purchaser, in particular, to the extent of courier delivery charges.

5. The cost of delivery of the Goods depends on the selected method of delivery (if the Store currently offers a greater number of selectable delivery methods), the gross value of the order (excluding delivery costs and after taking into account any discounts, if any, offered by the Store at the specified time), and the delivery date and time frame.

6. Delivery charges for the shipment containing the ordered Goods are provided to the Purchaser immediately before the Purchaser places the order.

7. Any change in the terms of delivery (compared to those originally agreed upon), made by the Purchaser already after shipment of the goods from the Store’s warehouse, consisting of a change in the place or date of delivery, may involve additional costs, which will be borne exclusively by the Purchaser. Additional delivery costs should be justified, among other things, by the decision of the courier company.

8. Receipt of the order from the courier company should be confirmed by a written receipt. Upon receipt of receipt of shipment, the ownership of the Goods and all risks associated with their possession and use, in particular, the risk of loss of or damage to the Goods shall pass to the Purchaser.

9. Receiving the Goods, the Purchaser should check that the shipment does not have any damage caused during transport and that its contents are in accordance with the order.

10. The Purchaser, by placing an order, undertakes that he or a person authorized by him will be present at the delivery address on the date and time frame selected by the Purchaser when placing the order. The store makes its best efforts to deliver the order on the date and time frame selected by the Purchaser. It is not possible to reserve the exact time of delivery of the order.

11. In the event of non-delivery of the order due to the absence of the Purchaser at the delivery address at the date and time interval selected by the Purchaser when placing the order, the order will be canceled and the amount that the Purchaser paid for the order will be refunded to the bank account from which the payment was made.

12. The store is obliged to provide Goods without defects.

13. In the event that delivery of the ordered Goods is not possible due to the impossibility of reaching the indicated address as a result of obstacles for which the Store is not responsible, such as, for example, a sports event taking place near the delivery address or a traffic ban on the access road to the delivery address, in force during the order processing hours indicated by the Purchaser or communicated to the Purchaser by the Store, the order will be cancelled and the amount paid by the Purchaser will be returned to the bank account from which the payment was made. In a situation as described above, the Store also has the right to contact the Purchaser in order to agree on another date for delivery of the Goods, if, given the factual circumstances, it is possible.

§ 9 Right to withdraw from the agreement

1. If the Purchaser is a consumer or an entity referred to in paragraph 2 below, he/she has the right to withdraw from the sales contract concluded with the Store within 14 days, without giving any reason, subject to the provisions of paragraph 8 below.

2. Pursuant to Article 38a of the Law of May 30, 2014 on Consumer Rights (hereinafter: the “CR”), the consumer provisions of Chapter 4 of the CR (regarding the right to withdraw from a contract in certain cases) apply to an individual who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

3. Pursuant to the CR, a Purchaser who is a consumer within the meaning of Article 22[1] of the Civil Code, as well as an entrepreneur who enters into a contract of a non-professional nature (hereinafter collectively referred to as the “Eligible Party”), has the right to withdraw from a sales contract concluded at a distance or off-premises of the Store, without stating a reason and without incurring costs, except for the costs specified in Article 33, Article 34(2) and Article 35 of the CR, within 14 days from the date:

a. taking possession of the Goods by the Eligible Person or a third party other than the carrier designated by him – in the case of a contract in the performance of which the Store delivers the thing, being obliged to transfer its ownership, unless the contract involves multiple things that are delivered separately, in batches or in parts – from taking possession of the last thing, batch or part, or when the contract involves the regular delivery of things for a specified period – from taking possession of the first thing;

b. conclusion of the contract – for other contracts.

4. In order to exercise the right to withdraw from a sales contract concluded with the Store, the Eligible Person is obliged to inform the Store of his decision to withdraw from the contract by making an unequivocal statement (a letter sent by mail or e-mail before the expiry of the 14-day period).

5. In the event of withdrawal from the contract, the Store will return to the Eligible Party all payments received, including the costs of delivering the Goods (except for additional costs resulting from the delivery method chosen by the Eligible Party other than the cheapest ordinary delivery method offered by the Store). Notwithstanding the above, the Store shall have the right to withhold reimbursement until it has received the Goods.

6. The store will refund the payment using the same means of payment that the Eligible Person used when making payment for the returned Goods. An exception to the above may be the case when the Eligible Person agrees to another method of payment refund.

7. The Goods returned in connection with the withdrawal from the contract must be complete (including accessories, packaging and any extras that are an integral part of it). The authorized person shall be liable for any diminution in the value of the returned Goods resulting from the use of the Goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods.

8. The right to withdraw from the contract does not apply to the Eligible Person in the cases listed in Article 38 items. 1 – 13 CR. This applies primarily to Goods:

1. 1. which spoil quickly or have a short shelf life,

   2. delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery,

   3. which, after delivery, by their nature, become inseparable from other things,

   4. which are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,

   5. which are daily newspapers, periodicals or magazines.

§ 10 Purchaser’s rights under warranty and guarantee

1. If the Goods are found to be defective, the Purchaser may file a warranty or guarantee claim.

2. The store is liable under warranty for the quality of the offered Goods and handles complaints under the applicable warranty provisions of the Civil Code.

3. In the case of Goods under warranty, the Store shall issue to the Purchaser, together with the Goods, a warranty statement fixed on paper or other durable medium (warranty document), which it has received from the guarantor.

4. In the event of a warranty claim by the Purchaser, complaints will be handled by the guarantor in accordance with the terms of the warranty statement.

5. The Purchaser is obliged to provide in the complaint application data that will enable the Store to identify the order, the Purchaser who ordered it and the date of the order. For this purpose, the Purchaser should provide the Store with the following data in order to enable the proper processing of the complaint:

a. Purchaser’s data, including e-mail address or mailing address, allowing the Store to communicate with the Purchaser in order to respond to the reported complaint,

b. order number,

c. description of the defect in the Goods,

d. indication of whether the complaint is to be handled under warranty or guarantee (if applicable),

e. indication of the desired method of handling the complaint (repair, replacement, price reduction, cash refund).

6. If the complaint was filed by the Purchaser under the warranty, the time limit for processing the complaint is determined by the terms of the warranty statement.

7. The Purchaser will be notified of the outcome of the consideration of a complaint filed under the warranty immediately, and in case the complainant is the Eligible Person (consumer or an entrepreneur who enters into a contract of a non-professional nature) – no later than within the statutory period of 14 days from the date of receipt of the complaint. The aforementioned deadline may vary if, with respect to specific products or due to special circumstances, the time for processing a complaint, resulting from mandatory provisions of law, is shorter.

8. The Store is not obliged to and does not consent to out-of-court resolution of disputes with consumers under the procedure provided for in the Law of September 23, 2016 on out-of-court resolution of consumer disputes. If, as a result of a complaint filed by a consumer Purchaser, the dispute between the Store and the Purchaser has not been resolved, the Store shall provide the consumer Purchaser, on paper or other durable medium, with a statement of refusal to participate in the procedure for out-of-court resolution of consumer disputes.

§ 11 Protection of personal data

1. The administrator of the data processed for the purpose of fulfilling an order is Bioelixire Polska, 19 Dunajecka Street, 60-413 Poznań, tax identification number (NIP) 9721266342, business identification number (REGON) 365282435 (“Administrator”).

2. Making contact with the Administrator in order for the Administrator to take action at the request of the data subject prior to concluding a contract is tantamount to consenting to the processing of personal data for the purpose of preparing and executing an order, within the meaning of Article 6(1)(a) of the GDPR. From the moment the contract is concluded (the order is placed), the processing of the Purchaser’s personal data takes place on the basis of Article 6(1)(b) of the GDPR.

3. Personal data provided by the Purchaser in the process of order processing are the data necessary for order processing and will be processed by the Store in order to perform the concluded contract.

4. Processing of personal data by the Store is carried out in accordance with the provisions of the GDPR, the Personal Data Protection Act of May 10, 2018. (Journal of Laws of 2018, Item 1000, as amended), the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, Item 1204, as amended), as well as the Act of July 16, 2004. Telecommunications Law (Journal of Laws 2004 No. 171 item 1800, as amended). In connection with the purposes for which the Store processes Purchasers’ personal data, the recipients of their personal data may be entities participating in the performance of contractual obligations (e.g. the Tax Office, the Social Insurance Institution or companies performing services related to the performance of the contract such as transport companies), as well as entities intermediating in the activities performed by the administrator, such as IT service providers, accounting offices, marketing agencies or law firms.

5. The Purchaser has the right to access and correct the content of his personal data, as well as the right to rectification, deletion and restriction of processing (in cases where this is permissible due to the facts and legal obligations incumbent on the Store), the right to data portability, the right to object (e.g. if the data is processed for marketing purposes). In addition, the Purchaser has the right to lodge a complaint to the supervisory authority – the President of the Office for Personal Data Protection.

6. If the processing of the Purchaser’s personal data is carried out on the basis of consent (e.g. the Purchaser contacted the Store in order to obtain information about the Goods), the withdrawal by the Purchaser of consent to the processing of his personal data does not affect the legality of the processing carried out by the administrator before the withdrawal of consent.

7. The Purchaser may agree to receive commercial information from the Store via electronic communication means (to the e-mail address and telephone number).

8. The Purchaser may consent to the Store’s use of telecommunications terminal equipment for direct marketing purposes.

§ 12 Final provisions

1. The store reserves the right to change the Terms and Conditions for important reasons, in particular:

a. caused by force majeure,

b. change in the scope, scope or type of business conducted by the Store, or discontinuation of business by the Store,

c. a change in the provisions of applicable law or the issuance by state authorities of rulings, orders or decisions making it necessary to amend the provisions of the Regulations,

d. for other reasons, justified by organizational changes in the Store, economic or social reasons, the need to adapt the Regulations to solutions proposed by new technologies or the need to limit or eliminate actions of Purchasers or third parties that are inconsistent with the law, rules of social coexistence, good morals or these Regulations.

2. All images of the Goods and names presented on the Website are used for identification purposes only and may constitute registered trademarks or may be subject to copyrights held by third parties, and their further use, exploitation and presentation in part or in whole is prohibited without prior consent of the authorized persons.

3. The Store does not lend the offered Goods for testing, and therefore it is not permissible to conclude contracts for trial or other similar unnamed contracts, such as contracts for testing the Goods or sale with reservation of ownership.

4. In matters not covered by these Regulations, the relevant provisions of the Civil Code and other relevant, generally applicable laws shall apply.

5. Any disputes that may arise between the Parties to a transaction shall be settled by a common court having jurisdiction over the Store’s registered office, which does not exclude the rights of Purchasers who are consumers in this respect.

6. Amendments to the Terms and Conditions shall come into effect after they are published on the Website, in particular this applies to changes in the prices of Goods.

7. The Rules and Regulations in effect and published on the Website on the date of conclusion of the contract shall apply to the contract concluded between the Store and the Purchaser. An amendment to the Terms and Conditions after the date of conclusion of the contract and before the performance of an obligation by either party shall not affect the content of the already concluded contract or the rights and obligations of the parties.

8. If it turns out that any provisions of these Terms and Conditions are contrary to or irreconcilable with the provisions concerning the rights of Consumers, in particular the provisions of the Consumer Rights Act, or constitute an illegal contractual provision, then such provisions shall not be applied only to Consumers and against them shall be considered as if they had not been reserved in these Terms and Conditions. The provisions of paragraph 8 shall be applied accordingly to entrepreneurs, entering into a contract of a nonprofessional nature, to the extent that it follows from the wording of generally applicable laws.

9. These Terms and Conditions are protected by copyright and its copying, reproduction in whole or in part without the consent of authorized persons is prohibited and constitutes an infringement of copyright, which, as a consequence, may threaten legal action against the infringer of these rights.

10. The Store may at any time make changes to the Website without prior notice to its users and Purchasers of Goods, or to third parties in this respect, in particular it may remove available Goods from the Website, change indicated prices or other elements relating to the presented Goods, as well as add descriptions or features for individual Goods, may introduce new Goods, may introduce, change or remove promotions, sales, etc., as well as make changes to the content of the Website. Changes to the Website shall be effective as of the date of their publication on the Website and shall not apply to agreements concluded prior to their publication.