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Administratorem danych osobowych jest Be Bio Active Cosmetiqs Mind Network Inspire Spółka z ograniczoną odpowiedzialnością Sp.k., więcej informacji w Polityce prywatności

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TERMS OF USE – bebiocosmetiqs.pl

I. GENERAL PROVISIONS
1. This document defines the Terms of use that Customers need to obey while purchasing goods at the Shop run by the Company.
2. This document is made available on the Shop website at all times in a way that Customers are able to access and record its content.

II. DEFINITIONS
The following wording used in these Terms shall mean as follows:
1. Company – Be Bio Active Cosmetiqs Mind Network Inspire Sp. Z o.o. Sp.k. with the seat in Warsaw (zip code: 02-995), ul. Niewinna 7/2, entered into the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under No. KRS 0000749742, NIP: 9512469957, REGON 381388606, with the share capital of PLN 6,300 the activity of which is selling goods by means of the Shop.
2. Shop – the collection of websites and IT tools (Internet service) – available within bebiocosmetiqs.pl – managed by the Company that enable the Customers to conclude Agreements.
3. Customer – a natural person of age, legal person or an organizational unit without legal personality but which has legal capacity that uses the Shop services.
4. Agreement – an agreement concluded between the Company and the Customer at the Shop website in accordance with the Rules, the subject matter of which is sale of products to the Customer.
5. Terms – these Terms of using the Shop.
6. Consumer – the customer who is a natural person and who purchases goods at the Shop for any purposes not related to their business or professional activities (according to Art. 221 of the Act dated April 23, 1964, of the Civil Code – Journal of Laws 1964.16.93).
7. Shopping Cart – the Shop’s functionality in which products selected by the Customer for purchase are visible, and where it is possible to enter and modify order data.

III. GENERAL RULES OF USING THE SHOP
1. A natural person may purchase goods at the shop as long as he or she has full legal capacity.
2. Any Customer that is not a natural person may purchase goods at the Shop by persons authorized to act on their behalf, using the provisions defined in ACCOUNT REGISTRATION (clause IV of these Terms).
3. The Customer may purchase at the Shop using any device with the Internet access (computer, telephone) by means of an Internet browser.
4. In order to use the Shop services and place orders it is necessary for the Customer to have an active e-mail account.
5. The Company shall not be liable for any damages which occurred as a result of the Customer presenting untrue, outdated or incomplete data in forms defined in ACCOUNT REGISTRATION, clause 2 and 3, or non-observance of these Terms by Users. Data provided by the User cannot violate the provisions of current laws, personal rights or rights of third parties.
6. It is not necessary to register oneself in order to browse the Shop’s product portfolio. The Customer may place orders for offered products after registering themselves at the Shop, in line with the provisions of these Terms, or by means of providing necessary personal and contact data should they wish to place an order without creating an account.
7. The Customer is obliged not to disclose their login and password they use for logging into the Shop to any third party.

IV. ACCOUNT REGISTRATION
1. The Customers may:
a. conclude purchase Agreements without the need to register themselves,
or
b. conclude purchase Agreements after registering themselves at the Shop by means of which they also acquire access to additional functionalities as defined in clause IV.7. of these Terms.
2. Concluding the Agreement without being registered at the Shop is feasible, subject to the remaining provisions of these Terms, provided that the following conditions are fulfilled jointly:
a. the electronic form available on the Shop website has been correctly filled in providing all required data i.e. name and surname, telephone number, e-mail address, place of residence or delivery address should they differ, NIP,
b. the Terms have been accepted,
c. the consent to processing their personal data to the extent necessary to conclude the Agreement, its content, change and proper execution as well as to execute the Customer’s orders has been expressed.
3. Registration at the Shop is valid provided that the following conditions are fulfilled jointly:
a. the electronic form available on the Shop website has been correctly filled in providing all required data i.e. name and surname, telephone number, e-mail address, place of residence or delivery address should they differ, NIP,
b. the Customer logged into the Shop using their chosen login and password,
c. the consent to processing their personal data to the extent necessary to conclude the Agreement, its content, change and proper execution as well as to execute the Customer’s orders has been expressed.
d. the Terms have been accepted,
4. In the case of a legal person or an organizational unit without legal personality but which has legal capacity, registered on the site, all further steps can be made only by a person who is empowered to make on behalf of the party all the activities related to purchasing goods at the Shop (including registration) and to execute all rights and obligations of the party as the Customer.
5. The Company may request the Customer to authenticate their data; in this case it refers to data update, by means of sending the required documents to the Company.
6. Should any Customer’s data provided during the registration process change, the Customer is required to update such data before the next purchase Agreement is concluded; the data should be updated in the appropriate form available on the Shop website.
7. As from the time of registration, a Customer account is established at the Shop which serves as a database collecting information about the Customer and their activities within the Shop regarding the Agreements they have concluded. Having their own account the Customer has – among others – access to the history of their orders.
8. In order to delete the Customer account, a request to have it deleted from the Shop should be sent by e-mail from the address registered in the Shop at the following address: kontakt@bebiocosmetiqs.pl

V. PLACING ORDERS – CONCLUDING THE AGREEMENTS
1. Information on the products available on the Shop website constitutes an open invitation to enter into agreement within the meaning of article 71 of the Civil Code.
2. Prices of the products available on the Shop website:
a) include VAT and are quoted in Polish zloty (PLN);
b) do not include delivery costs. The total order cost (i.e. cost of products plus delivery costs) is indicated in the Shopping Cart before the order submission.
3. The Company reserves the right to make changes in prices of goods offered as well as to run and recall any kind of promotional campaign and sale to change product prices. The right mentioned above shall not affect orders placed before the changes in price, conditions of promotions or sales became effective. Promotions offered by the Shop cannot be combined, unless the rules of a given promotion state otherwise.
4. Prior to placing an order the Customer adds the chosen goods they intend to purchase to the Shopping Cart. The Shopping Cart is a tool that allows the Customer to collect all selected products before placing the order, as well as to calculate the value of all products collected in the Shopping Cart and the delivery costs. While selecting goods, the Customer may freely manage the Shopping Cart content by means of adding or removing products.
5. Having made the final selection of goods, the Customer is redirected to the online form used for placing orders at the Shop.
6. Ordered goods shall be delivered to the address indicated by the Customer or collected at the Seller’s premises on the date previously agreed with the Seller.
7. The Company has the right to establish a maximum quantity of a given product per one order.
8. The order shall constitute an offer, in the understanding of the Civil Code, placed by the Customer to the Company. After receiving the order the Company shall verify its correctness (if it has been placed in accordance with the provisions of these Terms). Should the Company identify the order as improperly placed, the Customer shall be notified about it.
9. The Company reserves the right to limit the territory of order execution to the territory of Poland in case of some products. The Customer shall be informed about imposing such a limit by a return e-mail after placing the order.
10. After a proper order has been placed, the Company instantly sends the Customer confirmation of its receipt (accepting the offer) to the e-mail address indicated in the order or during the registration process. The Agreement is concluded the moment the Seller sends the order confirmation to the User.
11. In the case the ordered products are not on stock or there is no possibility to execute the Customer’s order due to other reasons, including the situation when the Company shall not be able to purchase the products from their vendors within the set lead time, the Company shall inform the Customer about it by means of sending an e-mail to the address indicated by the Customer or calling them at the phone number provided by them.
12. In the case the order can be delivered partially, the Company may offer the Customer to:
a) cancel the order (if the Customer chooses this option, the Company shall be exempted from the obligation to execute the order);
b) cancel part of the order that cannot be delivered on time (if the Customer chooses this option, the order shall be delivered partially, and the Company shall be exempted from the obligation to execute the remaining part of this order);
c) split the order and schedule a new delivery time regarding the goods that are currently out of stock (if the Customer chooses this option, the ordered goods shall be shipped in a few separate deliveries, and the Customer shall not be charged extra costs of such deliveries).
13. Should the Customer fail to choose any of the options as described in clause 12 above (also in the event of the impossibility to establish contact with the Customer beyond the control of the Company), the Company shall deliver to the Customer the products that are available to be shipped on time, and the remaining part of the order shall be cancelled; the Customer shall be notified about it by means of sending an e-mail at the address indicated by them during the order placement process. The Customer may withdraw from the Agreement in the scope it has been executed according to the rules specified in these Terms.
14. Should the Customer fail to choose any of the options as described in clause 12 above (also in the event of the impossibility to establish contact with the Customer beyond the control of the Company), the Company may cancel the total order.
15. In the case the order is cancelled as indicated in clauses 13-14 above, and the payment has been already made in advance, the Company shall reimburse the amount to the Customer (or its part if the order was partially executed). The rules of money reimbursement are described in clause X.8 of these Terms.
16. In the case the Customer provides a wrong or incorrect address, the Company bears no responsibility for any undelivered orders or delay in delivery.

VI. PAYMENT
1. Payment for goods purchased by the Customer at the Shop (their price plus delivery costs) is made by means of payment tools available at the Shop and based on the rules defined by the Company.
2. All prices include VAT (to the amounts provided for in other regulations). Delivery costs are quoted separately.
3. The Customer purchases goods at the prices and is charged delivery costs which apply at the time of order placement. Delivery costs depend on the delivery method chosen by the Customer.
4. The Company reserves the right to change prices and amounts of delivery costs, especially when delivery companies change charges for their services. This provision shall not apply to the orders that are being currently executed.
5. Clearance of transactions executed with a credit card and e-transfer is carried out via Przelewy24 company. These services are rendered by PayPro SA. with its seat in Poznań, ul. Kanclerska 15 (zip code: 60-327), NIP 779-236-98-87, REGON 301345068, entered into the register of entrepreneurs of the National Court Register (KRS) maintained […]by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under No. KRS 0000347935 with the share capital of PLN 4 500 000, based on the Rules of services available at: przelewy24.pl
6. In the case of orders placed by the registered Customers, as well as the Customer who places an order without registration, the payment can be made:
a) in cash – while accepting the delivery of ordered products as it was indicated in the order form. In such a case the order realization begins after the Customer receives the order confirmation issued by the Shop;
b) in advance before accepting the delivery of ordered products – by means of one of the electronic payment methods currently approved by the Company. In such a case the order realization shall begin after the Company has received the confirmation of proper payment issued by the company in charge of processing payments.

VII. DELIVERY
1. Deliveries are shipped to the address indicated by the Customer.
2. The order lead time is 3 working days (i.e. week days from Monday to Friday during which the ordered goods shall be shipped and excluding public holidays). It is the indicative time that shall be deemed from the moment when the order is accepted to be realized until it is shipped to the Customer. The order lead time is given taking into account the order picking time. The order lead time depends on availability of a given product.
3. The Seller is under no liability for failure to deliver the products for reasons attributable to the Customer – e.g. due to indicating the incorrect delivery address. In such situations the Company shall notify the Customer by e-mail about the possibility to collect the ordered goods in the indicated place e.g. the Company’s premises unless the parties agree on a different method of delivering the ordered goods to the Customer.

VIII PERSONAL DATA AND PRIVACY
1. The Controller of the Customer’s personal data is the Company, i.e. Be Bio Active Cosmetiqs Mind Network Inspire Sp. Z o.o. Sp.k. with its seat in Warsaw (zip code: 02-995), ul. Niewinna 7/2.
2. The Company processes the Customer’s personal data provided by them during the account registration process on www.bebiocosmetiqs.pl for the purpose of rendering services by electronic means i.e. using the Shop and service at www.bebiocosmetiqs.pl, including purchasing goods at the Shop and also for marketing purposes such as newsletter distribution (if the appropriate consent is expressed). More information is available in the Prvacy Policy.
3. The Customer can give their consent to receive commercial information, including commercial information received by electronic means, by selecting the appropriate option in the registration form. If the Customer expresses their consent, they shall receive the Shop’s Newsletter sent at the indicated e-mail address, as well as other commercial information sent by the Company on its own behalf and also other parties.
4. The Customer is free to cancel the Newsletter subscription at any time by selecting the appropriate field in the account settings tab or by sending an e-mail at kontakt@bebiocosmetiqs.pl.

IX. CLAIMS PROCEDURE
1. The Customer may file a claim regarding the Agreement concluded with the Company.
2. The claim needs to be submitted by e-mail sent at kontakt@bebiocosmetiqs.plor by mail at the following address: ul. Wenecka 12, 03-244 Warszawa. The claim should at least include the following information:
a. the Customer’s name, surname, address, e-mail address,
b. the conclusion date of the Agreement with regard to which the claim is being filed,
c. the subject of the complaint including the Customer’s expectations,
d. any circumstances justifying the complaint.
3. The Company is accountable to the Customer if the sold product has physical or legal defects (warranty), where a physical defect is perceived as incompatibility of the delivered goods with the Agreement. The Company’s liability under warranty takes place if the physical defect of the product is found before elapse of 2 (two) years from the date of the receipt of goods by the Customer.
4. The Company shall provide reply to the filed claim within 14 days from its receipt and inform the Customer of the further steps it intends to take with regard to it.
5. In order for the Company to process the claim, the Customer should provide it with the product(s), the document confirming the purchase and claim description.
6. In the case of considering the complaint in favor of the Customer, the Company shall promptly replace the defective goods with goods free from defects or remedy the defect. It shall not affect the possibility for the Customer to submit a statement regarding decrease of the purchase price or withdrawing from the Agreement in accordance to the provisions in force. Should it be impossible to exchange the product, remedy the defect or decrease its price, the Company shall give a refund in money in accordance with provisions of clause X.8 of these Terms.
7. The Customer purchasing the product for their professional or business purposes (the Customer who is not a consumer) has the right to file a claim in accordance with the legal regulations in force.
8. If the purchased goods are covered by the guarantee granted by the producer, importer, the Company etc., the scope of which is certified by the guarantee document received together with the goods, the customer has the right to file a claim based on the granted guarantee in addition to any other available remedy.

X. WITHDRAWAL FROM THE AGREEMENT
1. The Consumer may withdraw from the Agreement of the product purchased at the Shop within 14 calendar days without giving any reasons and without incurring any costs, with the exception of costs as defined in clause 5 below. The time period of withdrawal from the Agreement begins with:
– the date of the order realization (product receipt),
– the date the Customer received the last part of the realized order if the order is executed in parts.
2. The Consumer may not withdraw from the agreement with regard to the Agreement (in accordance with Art. 38 of the Act dated May 30, 2014, on consumer’s rights – consolidated text as of June 24, 2014, Journal of Laws of 2014, item 827) when the subject of the Agreement is a product delivered in a sealed packaging and which cannot be returned after the packaging has been opened due to the health protection or for hygienic reasons if the packaging was opened after the delivery.
3. Withdrawal from the Agreement in accordance with provisions of clause 1 above requires the statement submission by e-mail sent at kontakt@bebiocosmetiqs.plor in a written form at the following address: ul. Klimczaka 1, 02-797 Warszawa, at the time specified in clause 1 (the Consumer may use a statement template available by clicking the following link: Withdrawal from Agreement Form).
4. In this case the Consumer is obliged to return to the Company the product in the condition allowing for establishing the nature, characteristics and functioning of the product. The product should be returned at the following address: ul. Klimczaka 1, 02-797 Warszawa. The Company shall give the Customer refund in money in accordance with the provisions of these Terms.
5. The cost of returning the product, due to withdrawal from the Agreement, is borne by the Consumer. At the same time, the Consumer shall be liable for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the product.
6. The Consumer who withdrew from the Agreement is obliged to return the Product to the Company in a prompt manner, however, no later than 14 days from the day of the Agreement withdrawal.
7. The Company does not accept any cash on delivery (COD) parcels and is not liable for costs borne with regard to them.
8. The Company shall reimburse the money promptly, however, no later than within 14 calendar days in the event of:
a) cancelling the order, that was paid in advance before its realization, in full or in part (in such a case the appropriate part of the amount is subject to refund);
b) return (withdrawal from the Agreement) of the ordered product that has already been delivered to the Customer;
c) approval of the claim in the situation when it is not possible to replace the product, remedy the defect or decrease the price.
9. In the case of product return (withdrawal from the Agreement), the Company may withhold the reimbursement until it has received the goods back, or until the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
10. The Company shall reimburse the money to the Customer’s bank account from which the payment for the purchased product was made or to a bank account indicated by the Customer in writing or by e-mail submitted during the account registration process.

XI. TECHNICAL BREAKS
1. The Company takes no responsibility for the lack of access to the Shop website caused by the Force Majeure.
2. The Company reserves the right to have necessary interruptions in access to the Shop website due to technical service, maintenance or enhancement of the offered functionalities. At the same time the Company is committed to making every effort for such breaks to take place at night and to keep this time as short as possible.

XII. PROMOTIONS
1. There may be some information regarding promotions on the Shop website (herein after referred to as “Promotions”).
2. A Promotion may depend on submitting a discount code while placing an order.
3. Promotions cannot be combined with any other promotions offered by the Shop unless provided otherwise in the rules of a given promotion.
4. Bundles and promo sets may be delivered to the Customer only after all products they are made of are picked in the Warehouse.
5. In the case any of the products a given bundle is made of is not available, the Company shall notify the Customer about it by e-mail sent to the address indicated in the order form.
6. In the case when the Customer ordered a bundle or a promo set and they want to cancel the order, they may only cancel the order for the whole bundle or promo set. It is not possible to resign from individual products such a bundle or promo set is made of.

XIII. FINAL PROVISIONS
1. These Terms are verified on a regular basis and updated according to needs. The Controller is authorized to introduce changes to these Terms due to legitimate reasons (e.g. changes of legal regulations, amendments to the rules of the functioning of the Service). In the case any changes are implemented, the User is notified at least 14 days before the changes enter into force – the appropriate information on any changes of these Terms shall be communicated on the Service website and if the Controller has got the User’s e-mail address or the User has registered an account – they shall receive communication regarding the changes of the Terms by e-mail.
2. Changing the Terms do not apply to Agreements concluded before the entry into force of new Terms. In the case of concluding Agreements referred to in the previous clause, after the entry into force of the new Terms, the Customer shall be requested to approve the new Terms.
3. In any matter not regulated by these Terms, the relevant provisions of Polish law shall apply.
4. Any dispute between the Parties shall be settled by a competent court of general jurisdiction.
5. The User who is a consumer has the right to have access to out-of-court settlement of claims and redress mechanism before the Permanent Consumer Arbitration Court of the Voivodeship Inspector of the Trading Standards Association Officer in Warsaw. Information on how to access the before mentioned mode and dispute settlement procedures is available at the following address: www.uokik.gov.pl, tab: “Settlement of consumer disputes”.

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