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Terms of Service

Subject of the Regulations

§ 1. The Regulations define the general terms, rules, and manner of sales conducted by BIOPASJA sp. z o.o. with its registered office in Warsaw, through the website www.biopasja.pl (hereinafter referred to as the “Internet Service”).

Definitions

§ 2. Whenever the Regulations mention:

  1. Business days – this shall mean weekdays from Monday to Friday, excluding public holidays as defined by the Act of January 18, 1951, on public holidays;
  2. Delivery – this shall mean the actual action of delivering the Goods specified in the order to the Customer by the Seller through a Delivery service;
  3. Delivery service – this shall mean the entity with which the Seller cooperates in the scope of delivering Goods, a courier company;
  4. Password – this shall mean a sequence of alphanumeric or other characters chosen by the Customer during Registration on the Internet Service, used to secure access to the Customer’s Account on the Internet Service;
  5. Consumer Helpline – this shall mean the phone number +48 22 559 11 87, where the Customer can contact the Seller to obtain information related to the concluded Sales Agreement;
  6. Customer – this shall mean an entity for which, in accordance with the Regulations and applicable law, electronic services may be provided or with which a Sales Agreement may be concluded;
  7. Consumer – this shall mean a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity;
  8. Customer Account – this shall mean an individual panel for each Customer, created on their behalf by the Seller after the Customer’s Registration and the conclusion of the Customer Account Management service agreement;
  9. Entrepreneurs – this shall mean a natural person, a legal person, or an organizational unit not being a legal person, which has legal capacity under the law, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity;
  10. Regulations – this shall mean these regulations;
  11. Registration – this shall mean the actual action carried out in the manner specified in the Regulations, required for the Customer to use all the possibilities of the Internet Service;
  12. Seller – this shall mean BIOPASJA sp. z o.o., ul. Bartycka 24/26/90, 00-716 Warsaw, REGON 361864465, NIP 5213700149, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under number KRS 0000563885, with a share capital of PLN 5,000, email: kontakt@biopasja.pl, also the owner of the Internet Service;
  13. Internet Service Website – this shall mean the website www.biopasja.pl, under which the Seller operates the Internet Service;
  14. Goods – this shall mean a product presented by the Seller through the Internet Service Website along with its packaging, which may be the subject of a Sales Agreement;
  15. Durable medium – this shall mean material or a tool that allows the Customer or the Seller to store information sent to them personally, in a way that allows access to the information in the future for a period appropriate to the purposes for which the information is used and allows the reproduction of stored information in an unchanged form and identification of the entity from which the information comes;
  16. Sales Agreement – this shall mean a distance sales agreement concluded under the terms set out in the Regulations between the Customer and the Seller.

General Provisions and Use of the Internet Service

§ 3.1. All rights to the Internet Service, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Internet Service Website, as well as patterns, forms, logos, and photographs placed on the Internet Service Website (with the exception of some logos and photographs presented on the Internet Service Website for the purpose of presenting goods, for which copyright belongs to third parties), belong to the Seller.

  1. The Seller uses “cookies” files during the use of the Internet Service Website by Customers, which are saved by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” is intended to ensure the correct functioning of the Internet Service Website on Customer’s end devices. This mechanism does not damage the Customer’s end device and does not make any configuration changes to the Customer’s end devices or the software installed on those devices. Each Customer can disable the “cookies” mechanism in their web browser. The Seller points out that disabling “cookies” may, however, cause difficulties or prevent the use of the Internet Service Website.
  2. In order to place an order on the Internet Service Website via email, the Customer must have an active email account.
  3. In order to place an order on the Internet Service Website via phone, the Customer must have an active phone number and an active email account.
  4. It is prohibited for the Customer to provide content of an unlawful nature and to use the Internet Service, the Internet Service Website in a manner contrary to the law, good manners, or infringing the personal rights of third parties.
  5. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of acquiring and modifying the Customer’s data by unauthorized persons, so Customers should use appropriate technical measures to minimize the above-mentioned threats. In particular, they should use antivirus and identity protection software while using the Internet. The Seller never asks the Customer to provide the Password in any form.
  6. It is not permissible to use the resources and functions of the Internet Service for activities by the Customer that would infringe the Seller’s interests.

Registration on the Internet Service

§ 4.1. To create a Customer Account, the Customer is required to complete free Registration on the Internet Service Website.

  1. Registration is not required to place an order on the Internet Service Website.
  2. For Registration purposes, the Customer should complete the registration form provided by the Seller on the Internet Service Website and send the completed registration form electronically to the Seller by choosing the appropriate function in the registration form. During Registration, the Customer enters a Password of their choice.
  3. While completing the registration form, the Customer has the opportunity to familiarize themselves with the Regulations by accepting its content by marking the appropriate field in the form.
  4. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by marking the appropriate field in the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer’s personal data, as well as the known or expected recipients of this data.
  5. The Customer’s consent to the processing of their personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account Management service electronically. The consent can be withdrawn at any time by the Customer by sending a relevant statement to the Seller, which can be sent to the Seller’s email address.
  6. After sending the completed registration form, the Customer will receive confirmation of Registration by the Seller electronically to the email address provided in the registration form. At that moment, an agreement for the provision of the Customer Account Management service is concluded, and the Customer gains access to the Customer Account and the ability to make changes to the data provided during Registration.
  7. Orders
  8. § 5.1. The information provided on the Website of the Service does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation for Customers to submit offers to enter into a sales agreement.
  9. Customers can place orders on the Internet Service through the Website of the Service or by email, 7 days a week, 24 hours a day.
  10. Customers can place orders on the Internet Service by phone during the hours and days indicated on the Website of the Service.
  11. Customers placing orders through the Website of the Service complete their orders by selecting the Goods they are interested in and adding them to the CART. After completing the entire order and indicating the method of Delivery and payment form in the CART, Customers submit their orders by sending the order form to the Seller by selecting the “Buy and Pay” button on the Website of the Service. Before each order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as any additional costs that the Customer is obligated to bear in connection with the sales agreement.
  12. In special cases, the quantity of Goods that a Customer may purchase may be limited, and the Customer is informed of this each time they place an order.
  13. Customers placing orders by email send them to the email address provided by the Seller on the Website of the Service. In the message sent to the Seller, the Customer provides, in particular: the name of the Goods, color, quantity, from among the Goods presented on the Website of the Service, as well as their contact information.
  14. After receiving the electronic message from the Customer as mentioned in § 5.6, the Seller sends a return message to the Customer via email, providing their registration details, the price of the selected Goods, possible forms of payment, and the method of Delivery along with its cost, as well as information about all additional payments that the Customer would have to make under the sales agreement. The message also contains information for the Customer that entering into a sales agreement through email entails an obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer can place an order by sending an email to the Seller, indicating the chosen payment method and Delivery method.
  15. The submission of an order as described in § 5.7 constitutes the Customer’s submission of an offer to the Seller to enter into a sales agreement for the Goods that are the subject of the order. The submission of an order as described in § 5.7 is equivalent to accepting the Terms and Conditions.
  16. After placing an order, the Seller sends a confirmation of the order’s acceptance to the email address provided by the Customer. The confirmation of the order’s acceptance is a statement by the Seller of acceptance of the offer as mentioned in § 5.8 above, and upon receipt by the Customer, a sales agreement is concluded.
  17. Customers placing orders by phone use the phone number provided by the Seller on the Website of the Service. Customers place an order by phone by providing the Seller with the name of the Goods from among the Goods available on the Website of the Service and the quantity of Goods they want to order. Then, after completing the entire order, the Customer specifies the method and address of Delivery, the payment form, and also provides, at their choice, their email address or correspondence address for order confirmation. Each time the Customer places an order by phone, the Seller informs the Customer of the total price of the selected Goods and the total cost of the selected method of Delivery, as well as all additional costs that the Customer is obligated to bear in connection with the sales agreement.
  18. Placing an order as described in § 5.10 takes place in real-time, i.e., during a phone call with the Seller, and the sales agreement is concluded at that time.
  19. After concluding the sales agreement, the Seller confirms its terms to the Customer by sending them in a durable medium to the Customer’s email address or in writing to the address provided by the Customer.
  20. Payments
  21. § 6.1. The prices on the Website of the Service displayed for a given Goods are gross prices expressed in Polish zlotys (PLN). The prices provided do not include information regarding the costs of Delivery and any other costs that the Customer will be required to bear in connection with the sales agreement, which the Customer will be informed of when selecting the Delivery method and placing the order.
  22. The Customer can choose from the following payment methods for the ordered Goods:
  23. bank transfer to the Seller’s bank account;
  24. by credit card or bank transfer through an external quick payment system;
  25. cash on delivery.
  26. The Customer should make the payment for the order in the amount resulting from the concluded sales agreement within 7 working days if they have chosen the prepayment option.
  27. In case the Customer does not make the payment within the time specified in § 6.3, the Seller has the right to withdraw from the sales agreement. After the unsuccessful expiration of the payment deadline, the Seller will send the Customer an email message in this regard.
  28. The order is processed after the payment for the Goods is credited to the Seller’s bank account or after the payment is collected through an external quick payment system or upon Delivery, if the Customer has chosen the cash-on-delivery payment method.
  29. If the Customer has chosen the bank transfer option, the Customer is obliged to make the payment within the period specified in § 6.3 to the Seller’s bank account, whose details are provided in the order confirmation message. The payment should include the order number provided in the confirmation message.
  30. If the Customer has chosen the payment option by credit card or bank transfer through an external quick payment system, the Customer makes the payment immediately after placing the order on the Website of the Service.
  31. If the Customer has chosen the cash-on-delivery payment method, the payment is made upon Delivery of the Goods. In this case, the Customer is obliged to pay the entire amount due to the Deliverer.
  32. If the Customer has chosen the bank transfer option, the Seller starts processing the order after the payment for the Goods is credited to the Seller’s bank account.
  33. If the Customer has chosen the payment by credit card or bank transfer through an external quick payment system, the Seller starts processing the order immediately after the Customer places the order.
  34. If the Customer has chosen the cash-on-delivery payment method, the Seller starts processing the order immediately after receiving the order.
  35. The Seller provides the Customer with a receipt or a VAT invoice for the ordered Goods. The receipt or VAT invoice is delivered to the Customer in paper form together with the ordered Goods or sent electronically to the email address provided by the Customer.
  36. Delivery
  37. § 7.1. The Seller delivers the Goods to the Customers through an external company specializing in courier services or other chosen method of Delivery specified on the Website of the Service.
  38. The Seller delivers the Goods to the territory of Poland and abroad.
  39. The Seller is responsible for delivering the ordered Goods to the Customer in a non-defective condition and without any damage.
  40. The Seller informs the Customer about the Delivery cost before the Customer submits an order.
  41. The time of Delivery to the Customer depends on the availability of the Goods in the Seller’s warehouse and the chosen Delivery method, and it is indicated on the Website of the Service at the time of placing the order.
  42. The Customer is obliged to inspect the parcel upon Delivery, and in the event of any visible damage to the parcel or the Goods, the Customer should draw up a damage report with the courier and inform the Seller of the damage.
  43. The Seller is not responsible for delays in Delivery resulting from the incorrect or incomplete address provided by the Customer.
  44. The Seller provides the Customer with a receipt or a VAT invoice for the ordered Goods. The receipt or VAT invoice is delivered to the Customer in paper form together with the ordered Goods or sent electronically to the email address provided by the Customer.
  45. Returns and Complaints
  46. § 8.1. The Customer has the right to withdraw from the sales agreement without giving any reason within 14 days from the date of Delivery of the Goods.
  47. To exercise the right to withdraw from the sales agreement, the Customer must inform the Seller about their decision to withdraw from the sales agreement by sending a clear statement by email to the Seller’s email address provided on the Website of the Service or by sending a statement in writing to the Seller’s correspondence address.
  48. In the event of withdrawal from the sales agreement, the Customer is obliged to return the Goods to the Seller’s address at their own cost immediately, no later than 14 days from the date on which they informed the Seller of their decision to withdraw from the sales agreement. The Customer is responsible for the direct cost of returning the Goods.
  49. The Customer is liable for a decrease in the value of the Goods resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
  50. The Seller reimburses the Customer for all payments received from the Customer, including the cost of standard Delivery of the Goods, immediately, and in any case not later than 14 days from the day on which the Seller was informed about the Customer’s decision to withdraw from the sales agreement.
  51. The Seller may withhold the reimbursement until receiving the Goods back or until the Customer provides proof of having sent back the Goods, whichever is the earliest.
  52. The Seller reimburses the Customer using the same payment methods that the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not incur any fees as a result of the reimbursement.
  53. The Customer is not entitled to withdraw from the sales agreement if the Goods were made to the Customer’s specifications or are clearly personalized.
  54. In the event of any defects in the Goods, the Customer has the right to submit a complaint based on the warranty provided for in the Civil Code. If the Customer is a consumer, complaints should be submitted to the Seller’s correspondence address or via email. The complaint should include a description of the defect and the Customer’s contact details. The Seller will respond to the complaint within 14 days from the date of receiving it.
  55. If the Goods have a defect, the Customer has the right to demand:
  56. replacing the Goods with non-defective Goods;
  57. repairing the Goods;
  58. reducing the price;
  59. withdrawing from the sales agreement.
  60. The Customer can return defective Goods to the Seller’s address specified in these Terms and Conditions. If the Customer is a consumer, the Seller covers the cost of shipping the defective Goods. If the Customer is not a consumer, the Seller does not cover the cost of shipping the defective Goods.
  61. If the Goods sold have a defect, the Customer can also exercise their rights under the warranty. In this case, the Customer should return the Goods to the Seller along with the information about the defect and the Customer’s contact details. The Seller will respond to the warranty claim within 14 days from the date of receiving it.
  62. The Seller may contact the Customer to obtain additional information related to the complaint or warranty claim.
  63. The Seller will respond to the complaint or warranty claim in writing or by email, depending on how the complaint or warranty claim was submitted.
  64. If the Customer is not satisfied with the handling of the complaint or warranty claim, the Customer has the right to use other methods of dealing with disputes, in particular, by filing a complaint via the EU’s online platform for resolving disputes available at the following address: http://ec.europa.eu/consumers/odr/.
  65. Personal Data Protection
  66. § 9.1. The Seller processes personal data provided by the Customer for the purposes of the sales agreement and in accordance with the Privacy Policy, which is available on the Website of the Service.
  67. The Seller may use the Customer’s email address and phone number to contact the Customer for order fulfillment purposes.
  68. The Seller may also use the Customer’s email address and phone number to send the Customer commercial information, newsletters, and promotional offers if the Customer has given their consent.
  69. The Customer has the right to access their personal data and correct it. Providing personal data is voluntary, but necessary for the conclusion and implementation of the sales agreement.
  70. Final Provisions
  71. § 10.1. The Seller reserves the right to amend these Terms and Conditions for important reasons, including changes in the law, changes in payment and delivery methods, changes in the offer, or changes in the functionality of the Website of the Service.
  72. The Customer will be informed about any amendments to the Terms and Conditions at least 14 days in advance via email and through a message posted on the Website of the Service.
  73. Amendments to the Terms and Conditions do not affect the orders placed before the amendments come into effect and the orders that are being processed.
  74. In matters not covered by these Terms and Conditions, the provisions of the Civil Code and other relevant provisions of Polish law shall apply.
  75. Any disputes arising between the Seller and the Customer who is a consumer within the meaning of the Civil Code will be resolved by common courts in accordance with the relevant provisions of the Code of Civil Procedure.
  76. Any disputes arising between the Seller and the Customer who is not a consumer within the meaning of the Civil Code will be resolved by the court having jurisdiction over the Seller’s registered office.
  77. These Terms and Conditions are valid from November 1, 2021.