Terms and Conditions

This regulation defines the rules for making purchases in the online store operated by the Seller at www.biologica.pl

Seller:
The Seller is Bioevolution Sp. z o.o., a limited liability company with its registered office in Warsaw at 18 Obrońców Pokoju Street, entered into the National Court Register by the District Court for the city of Warsaw, XIII Commercial Division, under KRS number 0001004029. Registered under NIP 5223014680 and REGON 147190742.
Share capital: 10,000 PLN.
Physical store and warehouse location: 4 Pola Karolińskie Street, 02-401 Warsaw, Poland.
Contact Information:
1. Phone number: +48 22 863 20 14 (call charges according to operator’s rates).
2. Email: sklep@biologica.pl

§1 Definitions

Regulation – this document outlining the terms of the online store.
Online Store – the website at www.biologica.pl, through which the Customer can place Orders.
Seller – the entity providing sales services via the Online Store under the terms of this Regulation.
Business Days – one day from Monday to Friday, excluding public holidays.
Customer – a natural person, legal entity, or an organizational unit without legal personality but with legal capacity, making an Order in the Online Store related to their business or professional activities.
Consumer – a Customer who is a natural person using the Online Store for purposes not directly related to business or professional activities.
Entrepreneur – a natural person, legal entity, or an organizational unit conducting business on its behalf. This also includes partners in a civil law partnership within their business activities.
Transaction Object – the Goods listed and described on the Online Store’s website.
Goods – movable items presented in the Online Store and subject to the Sales Agreement.
Sales Agreement – a contract for the sale of Goods, within the meaning of the Civil Code, concluded between the Seller and the Customer using the Online Store.
Order – a declaration of intent by the Customer, specifying the type and quantity of Goods, directly aimed at concluding a Sales Agreement.
Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).

§2 General Provisions

This Regulation defines the rules for using the Online Store available at www.biologica.pl.
Placing an Order in the Online Store requires the Customer to read and accept the provisions of this Regulation.
The Regulation applies accordingly to non-standard Orders placed via phone contact with the Seller. The Seller provides both wholesale and retail sales via the Online Store.
Information about Goods is posted by the Seller on the Online Store’s website.
All Goods offered in the Online Store are brand new, originally packaged, free from physical and legal defects, and have been legally introduced into the Polish market.
To place an Order in the Online Store, the Customer must meet the following technical requirements:
1. Have an email account.
2. Own a computer, smartphone, or tablet with an operating system such as Windows, Mac OS X, Linux, or Android.
3. Have an installed internet browser in the indicated version or higher: Internet Explorer 9, Chrome 46, Safari 8, Firefox 41, Opera 32.
The Customer is required to use the Online Store lawfully and ethically, respecting personal rights, copyrights, property rights, and the Seller’s intellectual property as well as third parties’ rights.
The Customer must not provide content prohibited by law.
Customers who are natural persons must have full legal capacity.
This Regulation applies to both Customers and Entrepreneurs using the Online Store, except for §9, which applies exclusively to Entrepreneurs.

§3 Prices

All prices listed in the Online Store are gross prices in Polish zlotys (PLN) and include all applicable taxes.
The price of the Goods does not include delivery costs, which are indicated in §6 based on the chosen delivery method.

§4 Placing Orders

Orders are accepted by the Seller through the Online Store.\
Orders in the Online Store can be placed 24 hours a day, 7 days a week, throughout the year.
Placing an Order involves completing the order form in the Online Store.
An Order is considered valid if the Customer correctly fills out the order form and provides accurate contact details, including the exact address for shipment, as well as a phone number and email address.
If the provided information is incomplete, the Seller will contact the Customer. If contact with the Customer is not possible, the Seller has the right to cancel the Order.
During the ordering process, the Customer receives a fiscal receipt or may request a VAT invoice. The document will be sent along with the shipment or emailed to the address provided in the Order.
Once the Customer successfully places an Order, they will receive an automatic response from the store confirming receipt of the Order.
For Orders placed by direct contact with the Seller, the Seller will confirm receipt via email. The Seller will also confirm the specifications of a custom Order, including the price of the Goods, delivery cost, method of delivery, shipping address, and payment method (deposit).
After receiving the Order confirmation, the Customer should submit a statement to the Seller acknowledging that they have read the Terms and Conditions and agree to the contract under the agreed terms, either by mail or email. In this case, the contract is concluded upon the Seller’s receipt of the Customer’s statement.
Order processing begins after the Customer makes the payment or, if the Customer has chosen cash-on-delivery, from the moment the Order is placed.
For custom Orders, the Order is processed after the deposit has been credited to the Seller’s bank account.
If the ordered Goods are unavailable in stock, the Seller will inform the Customer of this fact and the resulting delay in Order fulfillment as soon as possible, but no later than within 72 hours.
For custom Orders, the fulfillment time and Order processing time are determined individually with the Customer.
The Seller informs that the Goods presented in the Online Store are graphic visualizations and serve an informational purpose. The appearance and colors of the presented Goods may slightly differ from the actual colors due to technical limitations, display variations, resolution differences, and other factors.
The sales contract is concluded in Polish.
The Online Store sells products both within Poland and internationally.

§5 Payment Methods

The Seller provides the following payment methods:

1. Cash on delivery.
2. Bank transfer to the Seller’s account:
  1. Bank: Warszawski Bank Spółdzielczy
  2. PLN Account: 76 8015 0004 0039 7344 2031 0001
  3. EUR Account: PL 49 8015 0004 0039 7344 2031 0002 (SWIFT: POLUPLPR)
Online payments via PayU, Przelewy24, or imoje.

§6 Delivery Costs and Methods

Orders are shipped to the address specified in the Order form.
The available delivery methods include:
1. Prepaid courier package (Poland and international).
2. Cash-on-delivery courier package (Poland).
3. Personal pickup.
Orders are processed within a maximum of 2 business days, although efforts are made to process them as quickly as possible.
The Customer covers delivery costs:
1. Prepaid courier package: 20 PLN (Poland).
2. Cash-on-delivery courier package: 20 PLN (Poland).
3. International shipping costs are determined individually.
4. Delivery of a BioEvolution cosmetic table: 100 PLN.
The cost of delivery for a custom Order is determined individually by the Seller in agreement with the Customer.
The delivery time for consumable Goods is typically next-day delivery unless a different timeframe is specified in the product description.
Due to the nature of the Goods, the Customer will be additionally informed by email or phone by the Seller regarding the delivery date.
All Goods are insured.
It is recommended that the Customer assess the condition of the Goods and their conformity with the Order at the time of delivery in the presence of the Courier. If any shortages or damages are detected, it is advised to prepare a damage report in the presence of the Courier (the Courier is required to have the report form), detailing the damage and refusing to accept the Goods.
The Online Store does not cover customs duties. If an Order is shipped to a destination outside the Member States of the European Union, the Customer must take customs duties into account. All matters related to customs fees are the responsibility of the Buyer. Detailed information regarding applicable fees can be found on the website of the Integrated Tariff of the European Communities (TARIC). The current duty rates are available at the following address: http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl.

§7 Right of Withdrawal

A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs.
To meet this deadline, it is sufficient to send a statement before its expiration to the Seller's address.
A sample withdrawal form is available on the Online Store’s website under the "Right of Withdrawal" section and is also attached to the email confirming the Order.
The Consumer may use the form template, but it is not mandatory.
The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 calendar days from the date of withdrawal.
When withdrawing from the contract, the Consumer must return the Goods in their entirety (including all accessories and components). The returned Goods should be properly secured to prevent damage during transport.
To meet the return deadline, it is sufficient to send the Goods back before the deadline expires. The Consumer may return the Goods to the Seller’s address.
In case of withdrawal, all payments received from the Consumer, including delivery costs, will be refunded within 14 calendar days.
1. Exception: If the Consumer selected a more expensive delivery method than the least expensive available option in the Online Store, they will bear the additional cost.
The Consumer is responsible for any reduction in the value of the Goods resulting from handling them in a way that exceeds what is necessary to determine their nature, features, and functionality.
Entrepreneurs making purchases for purposes related to their business activity, but not of a professional nature, are entitled to withdraw from the contract within 14 days. In this case, the entrepreneur assumes the rights of the Consumer.
The Seller informs that the right of withdrawal does not apply in cases specified in Article 38 of the Consumer Rights Act of May 30, 2014, including:

1. Contracts for the delivery of sealed Goods that, after opening, cannot be returned due to health protection or hygiene reasons if the packaging has been unsealed after delivery.
2. Contracts for non-prefabricated Goods that have been custom-made to the Consumer’s specifications or designed to meet their individual needs.

§8 Complaint Procedure

The Seller is obligated to deliver Goods free from defects.
The basis and scope of the Seller's liability towards the Customer are determined by generally applicable laws, particularly the Civil Code.
The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty for defects – "rękojmia").
A complaint may be submitted by the Customer, for example:
1. In writing to the Seller’s address:
  Bioevolution sp. z o.o., ul. Obrońców Pokoju 18, 02-435 Warsaw, Poland
2. Electronically, via email to: sklep@biologica.pl
It is recommended that the Customer include the following information in the complaint description:
1. Full name
2. Address
3. Email address
4. Order date
5. Subject of the complaint, specifying the request
6. Any circumstances justifying the complaint
The Customer will be informed about the complaint resolution via email or traditional mail.
To submit a complaint, the defective product must be delivered to the Seller along with the complaint notification.
If, due to the nature of the product, returning it would be excessively difficult, the Customer must allow the Seller to inspect the product at its current location.
The Seller will respond to the Customer’s complaint immediately, but no later than within 14 calendar days from the date of submission.Failure to respond within this period means that the Seller has acknowledged the complaint as justified.
If the complaint is resolved in favor of the Customer, the Seller will:
1. Repair or
2. Replace the defective product with a new, full-value item, or
3. Refund the purchase price.
The complaint procedure for entrepreneurs purchasing goods for business-related purposes but not of a professional nature is the same as for Consumers.
A warranty card from the manufacturer, importer, or distributor is included with the Goods if applicable.
1. For products covered by a warranty, the Customer’s rights and the guarantor’s obligations are specified in the warranty card.
2. The warranty provided for the sold Goods is an additional right and does not exclude, limit, or suspend the Customer’s rights under the Seller’s legal warranty for defects ("rękojmia"), in accordance with Article 577 of the Civil Code.

§9 Provisions for Entrepreneurs

The following sections of the Terms and Conditions and the provisions contained therein apply exclusively to Entrepreneurs.
The Seller may withdraw from the sales contract concluded with the Entrepreneur within 14 calendar days, without providing a reason.
If the Seller withdraws from the contract, the Entrepreneur has no claims against the Seller.
The Seller has the right to limit the available payment methods for Entrepreneurs.
At the moment when the Seller hands over the Goods to the carrier, all benefits and burdens related to the Goods are transferred to the Entrepreneur.
Upon handing over the Goods to the carrier, the Seller is no longer responsible for the loss, damage, or deterioration of the Goods that occurs from the moment they are accepted for transport until they are delivered to the Entrepreneur, as well as for any delays in transport.
The Entrepreneur is required to inspect the shipment in the manner and time customary for such deliveries.
If any loss or damage occurs during transport, the Entrepreneur must take all necessary steps to establish the carrier’s liability.
The Seller’s liability under the statutory warranty ("rękojmia") for defects in Goods towards Entrepreneurs is excluded.
Disputes arising from the application of these Terms and Conditions and the performance of contracts between the Seller and the Entrepreneur shall be resolved by the court competent for the Seller’s registered office.

§10 Alternative Dispute Resolution for Complaints and Claims

A consumer has the following options for alternative dispute resolution regarding complaints and claims:
1. The consumer has the right to request a ruling from a permanent consumer arbitration court operating under the Trade Inspection Authority regarding a dispute arising from the concluded sales contract.
2. The consumer has the right to apply for mediation to amicably resolve a dispute between the consumer and the seller through the Provincial Inspector of the Trade Inspection Authority.
3. The consumer can obtain free assistance in resolving disputes with the seller by contacting a municipal or district consumer ombudsman or a consumer protection organization, such as:
  - The Consumer Federation (Federacja Konsumentów)
  - The Polish Consumer Association (Stowarzyszenie Konsumentów Polskich)
  - The Consumer Federation provides free legal advice via a helpline at 800 007 707 or via email at porady@dlakonsumentow.pl.
4. The consumer may also submit a complaint via the EU's Online Dispute Resolution (ODR) platform, available at:
  http://ec.europa.eu/consumers/odr/.

§11 Final Provisions

Customers with an account in the Online Store will be informed of any changes to the Terms and Conditions via email.
If a customer does not accept the changes, they have the right to delete their account at any time.
Orders placed before the changes take effect will be processed in accordance with the previously applicable Terms and Conditions.
In matters not regulated by these Terms and Conditions, Polish law applies, in particular:
1. The Civil Code,
2. The Act on Providing Services by Electronic Means,
3. The Consumer Rights Act,
4. Other applicable legal provisions.
Disputes arising from these Terms and Conditions and related agreements between the Seller and Customers will be settled by a court of competent jurisdiction, as determined by the Code of Civil Procedure of November 17, 1964.
The Administrator of Personal Data processed in connection with the implementation of these Terms and Conditions is Bioevolution sp. z o.o., based in Warsaw, at Obrońców Pokoju 18.
1. Contact phone number: +48 22 863 20 14 (call charges as per the operator’s tariff). Personal data is processed only for issuing invoices, financial reporting, or maintaining accounting records. Providing personal data is voluntary, and each individual has the right to access, update, or correct their data. Personal data will be stored for the duration of the contract and in accordance with legal requirements regarding claim limitation periods and tax obligations. Data for which consent has been given will be stored until consent is withdrawn. Personal data is not subject to profiling. Customers have the right to file a complaint with the President of the Personal Data Protection Office (PUODO) if they believe their data has been processed unlawfully.