The conclusion of the contract between the Buyer and the Seller may occur in two ways. Before placing an order, the Buyer has the right to negotiate all provisions of the contract with the Seller, including those amending the provisions of the regulations below. These negotiations should be conducted in writing and sent to the Seller's address Biolive Innovation.pl, ul. B. Dobrzańskiego 3, 20-262 Lublin, NIP 946 265 65 67. In the event that the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and relevant legal provisions shall apply.
REGULATIONS
§1 Definitions
1. Personal Data Administrator: Biolive Innovation.pl ul. B. Dobrzańskiego 3 20-262 Lublin NIP 946 265 65 67, REGON 363259745
2. Postal address - first and last name or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: name of the town and property number), postal code and town.
3. Complaints address: Biolive Innovation.pl ul. B. Dobrzańskiego 3 20-262 Lublin
4. Delivery price list - a list of available delivery types and their costs, located at www.bioliveinnovation.pl/sklep/dostawa.
5. Contact details: Biolive Innovation.pl ul. B. Dobrzańskiego 3 20-262 Lublin e-mail: sklep@bioliveinnovation.pl tel.503 080 014
6. Personal data - any information relating to an identified or identifiable natural person. Information is not considered to enable the identification of a person if this would require excessive costs, time or actions.
7. Sensitive data - personal data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or union affiliation, as well as data on health, genetic code, addictions, sexual life, convictions, decisions on punishment and fines, as well as other decisions issued in court or administrative proceedings.
8. Delivery – type of transport service together with the carrier and cost specified in the delivery price list available at www.bioliveinnovation.pl/dostawa
9. Proof of purchase – invoice, bill or receipt issued in accordance with the Act on tax on goods and services of 11 March 2004, with subsequent amendments and other applicable legal regulations. The invoice is sent via the Internet.
10. Product card – a single subpage of the store containing information about a single product.
11. Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
12. Civil Code – the Civil Code Act of 23 April 1964, with subsequent amendments.
13. Code of good practices – a set of rules of conduct, and in particular ethical and professional standards referred to in Art. 2 pt. 5 of the Act on Combating Unfair Market Practices of 23 August 2007, as amended.
14. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller that is not directly related to their business or professional activity.
15. Basket – a list of products prepared from the products offered in the store based on the Buyer's choices.
16. Buyer – both the Consumer and the Customer.
17. Place of issue of the item – the postal address or collection point indicated in the order by the Buyer.
18. Moment of issue of the item – the moment at which the Buyer or a third party indicated by them for collection takes possession of the item.
19. ODR online platform – EU online service operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr
20. Payment – method of payment for the subject of the contract and delivery listed in these regulations 21. Authorized entity – entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended. 22. Privacy Policy - the principles of processing the Buyers' personal data by the Personal Data Administrator, the Buyers' rights and the Data Administrator's obligations, which can be found at: www.biolivwinnovation.pl/sklep//polityka_prywatnosci
23. Consumer Law - the Consumer Rights Act of 30 May 2014.
24. Product – the minimum and indivisible quantity of items that may be the subject of an order, and which is given in the Seller's store as a unit of measurement when determining its price (price/unit).
25. Subject of the contract – products and delivery that are the subject of the contract.
26. Subject of the service – the subject of the contract.
27. Collection point – the place of issue of the item that is not a postal address, listed in the list provided by the Seller in the store.
28. UOKiK Register – the register of authorized entities maintained by the Office of Competition and Consumer Protection pursuant to the Act on the Extrajudicial Resolution of Consumer Disputes of 23 September 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
29. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
30. Item – a movable item that may be or is the subject of a contract.
31. Store – an online service available at www.biolivainnovation.pl/sklep, through which the Buyer can place an order.
32. Seller: Biolive Innovation.pl ul. B. Dobrzańskiego 3 20-262 Lublin NIP 946 265 65 67, REGON 363259745, KRS 0000592390 Entity registered by the District Court Lublin-Wschód in Lublin with its registered office in Świdnik, VI Commercial Division of the National Court Register
33. System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using the appropriate end device for a given type of network, commonly referred to as the Internet.
34. Completion date – the number of hours or business days specified on the product card.
35. Agreement – an agreement concluded outside the entrepreneur's premises or remotely within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of Art. 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.
36. Defect – both a physical defect and a legal defect.
37. Physical defect – non-conformity of the sold item with the contract, and in particular if the item: a. does not have the properties that such a thing should have due to the purpose specified in the contract or resulting from the circumstances or intended use; b. does not have the properties of which the Seller assured the Consumer, c. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection to such purpose; d. was delivered to the Consumer in an incomplete state; e. in the event of its improper installation and start-up, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller; f. it does not have the properties that the manufacturer or its representative or the person who introduces the item into circulation within the scope of their business activity assured, and the person who, by placing their name, trademark or other distinguishing mark on the sold item, presents themselves as the manufacturer, unless the Seller was not aware of these assurances or, judging reasonably, could not have been aware of them or they could not have influenced the Consumer's decision to conclude the contract, or when their content was corrected before the conclusion of the contract.
38. Legal defect - a situation when the sold item is the property of a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of the competent authority.
39. Order - a declaration of will of the Buyer submitted through the store clearly specifying: the type and quantity of products; type of delivery; type of payment; place of issue of the item, Buyer's data and aiming directly at concluding a contract between the Buyer and the Seller.
§2 General Conditions
1. The Agreement is concluded in Polish, in accordance with Polish law and these regulations.
2. The place of issue of the item must be located in the territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver items free from defects.
4. All prices provided by the Seller are expressed in Polish currency and are gross prices (include VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
5. All deadlines are calculated in accordance with Article 111 of the Civil Code, i.e. a period specified in days ends with the expiry of the last day, and if the beginning of the period specified in days is a certain event, the day on which the event occurred is not taken into account when calculating the deadline.
6. Confirmation, sharing, recording, securing all important provisions of the agreement in order to gain access to this information in the future takes the form of: a. confirmation of the order by sending to the indicated e-mail address: the order, pro forma invoice, information on the right to withdraw from the agreement, these regulations in PDF format, a sample withdrawal form in PDF format, links to download the regulations and the sample withdrawal form; b. attaching to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information on the right to withdraw from the agreement, these regulations, a sample withdrawal form.
7. The Seller informs about the guarantees provided by third parties for products in the store known to him.
8. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the agreement he concluded with a third party providing a specific service for him enabling distance communication.
9. The Seller guarantees the Buyer using the system that the store will operate correctly in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution of over 1024 px. Using third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain the full functionality of the www.bioliveinnovation.pl store, all of them should be disabled.
10. The Buyer may use the option of having the store remember their data in order to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password, necessary to access their account. The login and password are a sequence of characters set by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer has the ability to view, correct, update data and delete the account in the store at any time.
11. The Seller complies with the Code of Good Practice.
12. The Buyer is obliged to: a. not to provide or transfer content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties, b. use the store in a way that does not disrupt its operation, in particular through the use of specific software or devices, c. not to take actions such as: sending or placing unsolicited commercial information (spam) within the store, d. use the store in a way that is not burdensome to other Buyers and the Seller, e. use any content posted within the store only for personal use, f. use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general principles of netiquette.
§3 Conclusion of the agreement and implementation
1. Orders can be placed 24 hours a day.
2. In order to place an order, the Buyer should perform at least the following actions, some of which may be repeated multiple times: a. adding a product to the basket; b. selecting the type of delivery; c. selecting the type of payment; d. selecting the place of delivery of the item; e. placing an order in the store by using the "Buy and pay" button.
3. The conclusion of the agreement with the Consumer takes place at the time of placing the order.
4. The fulfillment of the Consumer's order paid cash on delivery takes place immediately, and the order paid by bank transfer or via an electronic payment system after the Consumer's payment has been credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the service through no fault of their own and informed the Seller about it.
5. The conclusion of the agreement with the Customer takes place at the moment of acceptance of the order by the Seller, of which the Seller informs the Customer within 48 hours of placing the order.
6. The fulfillment of the Customer's order paid cash on delivery takes place immediately after the conclusion of the agreement, and the order paid by bank transfer or via an electronic payment system after the conclusion of the agreement and posting of the Customer's payment to the Seller's account.
7. The fulfillment of the Customer's order may be dependent on making a payment in full or in part of the order value or obtaining a trade credit limit of at least the value of the order or the Seller's consent to send the order cash on delivery (payable on delivery).
8. The subject of the agreement is sent within the time specified on the product card, and for orders consisting of multiple products within the longest time specified on the product cards. The period begins at the moment of fulfillment of the order.
9. The purchased subject of the contract is sent, together with the sales document selected by the Buyer, by the type of delivery selected by the Buyer to the place of delivery of the item indicated by the Buyer in the order, together with the attached attachments referred to in §2 point 6b.
§4 Right to withdraw from the contract
1. The Consumer, under Article 27 of the Consumer Law, has the right to withdraw from the contract concluded at a distance, without giving a reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
2. The deadline for withdrawal from the contract concluded at a distance is 14 days from the moment of delivery of the item, and to meet the deadline it is sufficient to send a declaration before its expiry.
3. The Consumer may submit a declaration of withdrawal from the contract on a form, the template of which is Annex No. 2 to the Consumer Law, on a form available at www.bioliveinnovation.pl/formularz-zwrotu or in another form consistent with the Consumer Law.
4. The Seller shall immediately confirm to the Consumer by e-mail (provided when concluding the contract and another if provided in the submitted declaration) receipt of the declaration of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered not concluded.
6. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to return the item before its expiry.
7. The consumer returns the items that are the subject of the contract from which he withdrew at his own expense.
8. The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium if he did not express his consent to the performance before the expiry of the deadline for withdrawal from the contract or was not informed of the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur did not provide confirmation in accordance with art. 15 sec. 1 and art. 21 sec. 1 of the Consumer Law.
9. The consumer is liable for the reduction in the value of the item that is the subject of the contract and resulting from its use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.
10. The Seller shall promptly, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him/her/concerning the goods purchased by him/her, and if the shipment was returned to the Seller due to the Consumer not collecting it, the refund of the amount paid shall be reduced by the cost of returning the shipment to the Seller.
11. In the event of the need to return funds for a transaction made by the customer with a payment card, the Seller shall make a refund to the bank account assigned to the Ordering Party's payment card.
12. The Seller may withhold the refund of the payment received from the Consumer until the goods are received back or the Consumer provides proof of sending them back, depending on which event occurs first.
13. In accordance with Article 38 of the Consumer Law, the consumer is not entitled to withdraw from the contract:
a. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the period for withdrawal from the contract;
b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or intended to meet their individual needs;
c. in which the subject of the service is an item that spoils quickly or has a short shelf life;
d. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
e. in which the subject of the service are items that, due to their nature, are inseparably connected with other items after delivery;
f. where the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
g. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the expiry of the withdrawal period and after the entrepreneur has informed him of the loss of the right to withdraw from the contract;
h. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.
§5 Warranty
1. Pursuant to Article 558§1 of the Civil Code, the Seller completely excludes liability to Customers for physical and legal defects (warranty).
2. The Seller is liable to the Consumer under the terms specified in Article 556 of the Civil Code and subsequent articles for defects (warranty).
3. In the case of a contract with a Consumer, if a physical defect was found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk passed to the Consumer.
4. If the sold item has a defect, the Consumer may: a. submit a declaration requesting a price reduction; b. submit a declaration of withdrawal from the contract; unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or to remove the defect, he/she is not entitled to have the item replaced or the defect removed.
5. The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item with a defect-free one or, instead of replacing the item, request the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, whereby the assessment of the excessive costs takes into account the value of the item free from defects, the type and significance of the identified defect, and also takes into account the inconvenience to which the Consumer would be exposed by another method of satisfaction.
6. The Consumer may not withdraw from the contract if the defect is insignificant.
7. If the sold item has a defect, the Consumer may also: a. request the replacement of the item with a defect-free one; b. request the removal of the defect.
8. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or, compared to the second possible method of bringing it into compliance with the contract, would require excessive costs.
10. In the event that the defective item has been installed, the Consumer may demand that the Seller dismantle and reinstall it after replacing it with a defect-free one or removing the defect, but is obliged to bear part of the related costs exceeding the price of the item sold or may demand that the Seller pay part of the costs of dismantling and reinstalling, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.
11. A consumer who exercises warranty rights is obliged to deliver the defective item to the complaint address at the Seller's expense, and if due to the type of item or the manner of its installation, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized to return the item at the Seller's expense and risk.
12. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawal from the contract.
14. The Seller will respond within fourteen days to the following based on art. 5615 of the Civil Code: declaration of a request for a price reduction, request for replacement of the item with a defect-free one, request for removal of the defect. The Seller shall respond within thirty days (Article 7a of the Consumer Law) to any other statement of the Consumer that is not covered by the fourteen-day period specified in the Civil Code. Otherwise, it is considered that the Seller has recognized the Consumer's statement or request as justified.
15. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the moment of delivery of the item to the Consumer, and if the subject of sale is a used item, before the expiry of one year from the moment of delivery of the item to the Consumer.
16. The Consumer's claim for removal of a defect or replacement of a sold item with a defect-free one expires after one year, counted from the date of discovery of the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, before the expiry of one year from the date of delivery of the item to the Consumer.
17. In the event that the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item discovered before the expiry of this period.
18. Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or a reduction in price due to a physical defect of the sold item, and if the Consumer requested the exchange of the item with a defect-free one or removal of the defect, the period for submitting a declaration of withdrawal from the contract or a reduction in price begins at the moment of the ineffective expiry of the period for replacement of the item or removal of the defect.
19. In the event of a court or arbitration tribunal pursuing one of the warranty rights, the time limit for exercising other rights to which the Consumer is entitled under this title shall be suspended until the proceedings are legally concluded. The same shall apply to mediation proceedings, with the time limit for exercising other warranty rights to which the Consumer is entitled starting from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective conclusion of mediation.
20. §5 points 15-16 shall apply to exercising warranty rights for legal defects of the sold item, with the proviso that the time limit shall start from the date on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of a third party's action - from the date on which the ruling issued in the dispute with the third party became legally binding.
21. If, due to a defect in the goods, the Consumer has made a declaration of withdrawal from the contract or a reduction in the price, he may demand compensation for the damage he suffered because he concluded the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses made to the extent to which he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the proceedings. This does not violate the provisions on the obligation to repair the damage on general principles.
22. The expiry of any period for determining the defect does not exclude the exercise of rights under the warranty if the Seller fraudulently concealed the defect.
23. The Seller, if obliged to provide a service or financial benefit to the Consumer, shall perform it without undue delay, no later than the period provided for by law.
§6 Privacy policy and security of personal data
1. The Personal Data Administrator is responsible for the lawful processing of personal data, and the principles of collecting, processing and storing personal data, as well as the Buyer's rights related to their personal data.
2. The Personal Data Administrator processes the Buyers' personal data based on consent and in connection with the Seller's legally justified interests.
3. The Personal Data Administrator collects and processes personal data only to the extent justified by a contractual or legal obligation.
4. The Buyer's consent to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.
5. For the purposes of fulfilling the Buyer's order, the following personal data are collected: a. postal address - necessary to issue a proof of purchase; b. place of issue of the item - necessary to address the shipment; c. e-mail - necessary for communication related to the fulfillment of the order; d. telephone number – necessary in case of choosing some types of delivery
6. Detailed solutions in the scope of protection of personal data related to placing an order, but also using the store before and after placing an order are included in the privacy policy.
7. The entity providing online payment services is Skrill Ltd.
§7 Payment methods
The entity providing online payment services electronically is Skrill Ltd. Available payment methods that can be used to make a payment: - bank transfer using the “Przelewy24” system In the event of the need to return funds for a transaction made by the customer with a payment card, the seller will make a refund to the bank account assigned to the Ordering Party's payment card. In the event that the customer chooses to pay by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.
§8 Final Provisions
1. None of the provisions of these regulations are intended to violate the Buyer's rights. They cannot be interpreted in this way either, because in the event of any inconsistency of any part of the regulations with applicable law, the Seller declares unconditional submission to and application of this law in place of the disputed provision of the regulations.
2. Registered Buyers will be notified of changes to the regulations and their scope by electronic means (to the e-mail address provided during registration or order). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced in order to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the regulations tab (www.bioliveinnovation.pl /regulamin). During the execution of the order and throughout the entire period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except when the Consumer considers it less favourable than the current one and informs the Seller of the selection of the current one as binding.
4. In matters not regulated by these regulations, the relevant applicable legal provisions shall apply. Disputes, if the Consumer expresses such a will, shall be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-trial or out-of-court dispute resolution, e.g. via the EU ODR online platform or by choosing any authorised entity from among those in the UOKiK register. The Seller declares its intention and consents to the out-of-court resolution of the consumer dispute.
Ultimately, the case shall be decided by the court with local and subject-matter jurisdiction.