Online Store Terms and Conditions
- These Terms and Conditions set out the rules for transactions in BioBazar Online Store operating at: www.box.biobazar.org.pl, which is coordinated by the Seller.
- Whenever these Terms and Conditions refer to:
Price – it means the gross price of the Goods placed next to the information about the Goods, not including the Costs of delivery of the Goods. Prices of Goods in the Store are expressed in Polish zloty and include VAT;
Supplier – it means a courier company cooperating with the Seller or other public operator dealing with delivery of parcels;
Customer – it means a natural person having at least a limited capacity to perform legal actions, as well as a legal person or an organizational unit without legal personality, having legal capacity and ability to perform legal actions;
Costs of delivery of the Goods – it means the charges for delivery of the Goods to the Customer;
Seller – it means MyEcolife Sp. z o.o. with the registered office in Warsaw (00-841) at Żelazna 51/53, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XII Business Division of the National Court Register under KRS number 0000307724, NIP: 527-257-50-59;
Store – it means the online Store, run by the Seller at the Internet address www.box.biobazar.org.pl;
Goods – mean selected goods offered by the Seller for retail sale available in the Store, being sets of products offered at the organic fair operating under the name: BioBazar in Warsaw;
Order – means an order for Goods or Goods placed by the Customer in the Store in accordance with these Regulations.
- The information provided on the Store’s website does not constitute an offer within the meaning of the Civil Code. They constitute an invitation to submit offers by customers.
- The availability of goods is updated on a regular basis except on public holidays.
- The Seller does not wholesale the Goods in the Store, nor does it sell the Goods for resale.
Registration and ordering conditions
- Customers entitled to place Orders for Goods are:
– Customers with the status of registered Store users,
– Customers without the status of a registered Store user – those making purchases bypassing the registration and log-in procedure.
- The status of a registered Store user is obtained by performing the following actions:
– completing the registration form on the Store’s website correctly (in particular, providing the personal data required in the form and establishing the Customer’s login and password),
– activating the account by entering the link sent to the Customer’s e-mail address.
Registration is done once. With each subsequent Order, the Customer uses the login and password previously established on the Store’s website. After using the login and password established by the Customers, they can update the data provided during registration. The login and password are confidential.
- A Customer with the status of a registered Store user places an order after logging in to the Store by adding the Goods presented in the Store to the shopping cart, then confirming the placing of an order for the Goods by selecting the button – “Purchase and Payment” (Polish: Kupuję i płacę).
- A Customer who does not have the status of a registered Store user places an order by adding the Goods presented in the Online Store to the Basket, then confirming the order for the Goods by selecting the button – ” Purchase and Payment ” and providing the data necessary to complete the order in accordance with the procedure on the Store’s website.
- The information referred to in Article 12(1) of the Consumer Rights Act of 30 May 2014 will be sent to the Customer at the email address provided by the Customer when placing the order in an email confirming the placement and content of the Order placed by the Customer.
- Once the Order has been placed, the Customer receives an e-mail with a summary of the Order and information about the registration of the Order in the Store.
Conclusion of sales contract and order processing
- As soon as the Seller confirms the acceptance of the Customer’s Order for execution, the contract of sale of the Goods is concluded. Confirmation takes place by sending to the Customer via e-mail information in which the Seller confirms acceptance of the Customer’s Order for execution. The order is realised within a maximum period of 3 working days.
- The Seller reserves the right to additionally verify the customer’s data, e.g. by telephone contact.
- The Seller has the right to refuse to process: –
– Orders submitted on an incorrectly completed Order form (including those containing an incorrect designation of the Goods),
– Orders indicating the purchase of Goods for the purpose of their further resale,
– Orders submitted in violation of these Regulations.
- Orders can be placed with the Store 24 hours a day, all days of the year except for technical interruptions.
- The ordered Goods are delivered to the Customer by the Seller or by the Supplier. It is also possible to collect the ordered Goods personally at the BioBazaar in the Norblin Factory complex in Warsaw at Żelazna 51/53.
- The terms and conditions of the sales contract are defined by these Terms and Conditions, applicable laws and individual agreements between the Seller and the Customer.
- The Seller sends the sales documents and any corrections by e-mail.
- Acceptance of the Terms and Conditions also implies the consent to the use of electronic invoices within the meaning of Article 106n(1) of the Value Added Tax Act of 11 March 2014.
- The amount due for the Goods and the costs of delivery of the Goods can be paid only by making a payment to the Seller’s bank account using the system enabling on-line payments at the website of the Store – przelewy24, BLIK system or by payment/credit card. The available payment systems are subject to change and are presented each time on the Store’s website.
- Payment for the Goods and payment of the Costs of Delivery of the Goods must be made in advance in the manner specified in item. 1 above (also in the case of collecting the Order in person) – payment of the aforementioned amounts due is a condition for the Seller to proceed with the execution of the Order.
Delivery of ordered goods
- The Seller processes Orders in the form of shipment via the Supplier. It is also possible to collect the ordered Goods in person at the BioBazaar in the Norblin Factory complex in Warsaw at Żelazna 51/53 Street.
- Deliveries will be made within the territorial range indicated on the Store’s website. The available territorial ranges are subject to change and are presented each time on the Store’s website.
- Shipping via the Supplier is carried out after the price payment is credited to the Seller’s account. Saturdays and public holidays are not included in the delivery time of the Order. Deliveries shall be made on Wednesdays, Fridays and Saturdays between 11:00 a.m. and 6:00 p.m. Ordered Goods may be collected in person during the opening hours of the BioBazaar in the Norblin Factory complex in Warsaw at Żelazna 51/53 Street (Tuesday – Friday from 10:00 a.m. to 6:00 p.m., Saturday from 7:30 a.m. to 4:00 p.m.).
- The costs of delivering the Goods, which are to be borne by the Customer in addition to the Price for the Goods, are stated on the Store’s website when placing an Order.
Return of purchased goods
- Subject to paragraph 4 below, the Customer, who is a consumer, may return the Goods purchased from the Store without giving any reason or incurring any costs by submitting a declaration of withdrawal from the contract of sale of the Goods in accordance with Article 27 of the Act of 30 May 2014 on consumer rights. The Customer may exercise this right within 14 days of receiving the Goods. It is sufficient to send the declaration before the expiry of the deadline. In the case of withdrawal from the contract of sale of Goods according to the procedure indicated in this paragraph, the Customer is obliged to return the Goods to the Seller within 14 days from the submission of the declaration of withdrawal from the contract of sale of Goods, in accordance with the procedure for the return of Goods posted at the web address of the Store.
- In the event of withdrawal from the contract of sale of the Goods, the contract of sale of the Goods shall be deemed not to have been concluded.
- The direct costs of returning the Goods shall be borne by the Customer. The Seller bears the costs of returning the Goods only if the Seller has agreed in advance to bear other than the direct costs of returning the Goods.
The Customer is not entitled to withdraw from the contract in the cases specified in detail in Article 38(1) of the Consumer Rights Act of 30 May 2014, inter alia with regard to contracts:
– for the provision of services, where the entrepreneur has performed the service in full with the express consent of the consumer, who has been informed prior to the provision of the service that after the provision of the service by the entrepreneur, he will lose the right to withdraw from the contract;
– in which the subject of the service is a non-refabricated thing, produced to the consumer’s specification or serving to satisfy his individualised needs;
– where the object of the performance is a perishable item or an item with a short shelf life;
– where the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery.
The Seller returns to the Customer the amount due for the Goods sent back by the Customer within 14 days, counting from the day of delivery of the Seller’s statement of withdrawal from the contract of sale of the Goods. The Seller may withhold reimbursement of payments received from the Customer until it has received the returned Goods back or the Customer has provided proof of return of the returned Goods, whichever is sooner.
Withdrawal from the contract of sale of the Goods can be made by filling in the form of withdrawal from the contract of sale of the Goods available on the website: https://box.biobazar.org.pl/formularz-zwrotu.
Goods shall be sent back to the address Żelazna 51/53, 00-841 Warsaw.
- Notification of Goods complaints should be sent to the address:
– MyEcolife Sp. z o.o., Żelazna 51/53 Street, 00-841 Warsaw
– sent to the following e-mail address: email@example.com.
- A complaint may be lodged, inter alia, by filling in a complaint form available on the Store’s website box.biobazar.org.pl
- The Goods complaint will be dealt with up to 14 days from the date of the complaint. The Customer will be notified by email or telephone of the manner in which the Goods complaint will be dealt with.
- The Seller informs the Customer of the possibility to use out-of-court ways of dealing with Goods complaints, among others by means of submitting by the Customer, after completion of the complaint procedure, an application to initiate mediation or an application to deal with the case before an amicable court (the application can be downloaded at the website: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court settlement of claims after the complaint procedure is free of charge. In the case of a Customer who is a consumer and wishes to use the out-of-court method of claim redress, there is additionally the possibility to file a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.
- A complaint shall be submitted in accordance with the procedure and principles described in detail in the Complaint Submission procedure on the Store’s website.
- The Customer’s personal data registered in the Store is processed by the Seller as the administrator of the personal data on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) of 27 April 2016. (“Regulation”) for the purposes related to transactions carried out within the Store and for the purposes resulting from the legitimate interests pursued by the Seller, as well as on the basis of the Customer’s consent – for the purposes in accordance with the content of the consent granted, including marketing purposes.
- The Customer may also agree to receive commercial and marketing information from the Seller by e-mail. In such a case, personal data is processed by the Seller on the basis of the consent – for the purposes in accordance with the content of the consent given, including commercial and marketing purposes and for the purposes related to the dispatch of the newsletter.
- The data provided will be processed on the basis of Article 6(1)(a), (b) and (f) of the Regulation for the purposes indicated in point. 1 above.
- The provision of personal data by the Customer in the Store is voluntary, but it is necessary in order to carry out transactions within the Store. Failure to provide personal data makes it impossible to create an account in the Store and to carry out transactions within the Store. This does not apply to the processing of data for commercial and marketing purposes, which is carried out only in the case of voluntary consent, independently of transactions within the Store.
- The Customer has the right to request from the Vendor access to the personal data concerning him/her, the right to rectify, delete or restrict processing.
- The customer has the right to withdraw consent to the processing of personal data at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
- Personal data will be stored for the period necessary for the completion of the transaction in the Store and the processing of complaints and is processed for the duration of the Customer’s account in the Store, but no longer than 3 years from the termination of the account in the Store. If the Customer makes a transaction without creating an account in the Store then the data are processed for a period of 3 years from the date of the transaction. If personal data is processed on the basis of consent and for the purposes resulting from the consent granted – the data is stored until the consent is withdrawn.
- The customer has the right to lodge a complaint with the President of the Office for Personal Data Protection (ul. Stawki 2, 00-193 Warsaw) if he/she considers that the processing of personal data concerning him/her violates the provisions of law.
- The Customer’s personal data will be processed in the form of analytical, sales and marketing profiling, in order to tailor the materials directed by the Seller to the Customer’s needs and interests and to make measurements that will allow the Seller to improve the services it provides. Binding decisions are not automated.
- In all matters related to the execution of transactions in the Store, as well as in matters related to the processing of personal data, the Customer may contact the Seller as follows:
– by post at the address: MyEcolife Sp. z o.o., Żelazna 51/53 Street, 00-841 Warsaw
– by telephone at: +48 508 717 445
– by e-mail: firstname.lastname@example.org.
- In all matters not regulated in these Regulations, the provisions of the Act of 30 May 2014 on consumer rights shall apply. The provisions of these Regulations shall not affect the consumer’s rights on account of non-compliance of the goods with the contract. The provisions of the Terms and Conditions shall be interpreted in such a way as to ensure their compliance with the applicable legal regulations.
- If mandatory legal provisions regulate the rights or obligations of the Customer differently from the provisions of these Terms and Conditions, the legal provisions shall prevail.
- The Rules of Procedure may be amended in accordance with point. 4 below.
- Changes to the Terms and Conditions may be made at the Seller’s discretion. Changes to the Terms and Conditions will be made available on the Store’s website and will come into effect after they are made available on the Store’s website, unless the change must be implemented earlier due to a change in the law. Changes to the Rules and Regulations do not affect transactions concluded before the change comes into effect.
- The regulations come into force on 1 September 2022.