The online store www.biogenlab.pl cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store is available at the following address: www.biogenlab.pl, email: info@ biogenlab .pl
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and the Seller's statutory obligations).
1.4. Definitions:
1.1.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.1.2. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.1.3. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.1.4. CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
1.1.5. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.1.6. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement.
1.1.7. REGULATIONS – these regulations of the Online Store.
1.1.8. ONLINE STORE - the Service Provider's online store available at the following address: www.biogenlab .pl
1.1.9. SELLER: Hui Chuong Trading Address: Junfeng Science and Technology Innovation Park, Street: Xinshi Road, Junhe Street, City: Guangzhou City, Guangdong Province Postal Code: 510440.
1/1/10. INTERMEDIARY – Biogen Lab email: info@biogenlab.pl.
1/1/11. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1/1/12. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1/1/13. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
1/1/14. ACT ON CONSUMER RIGHTS, ACT - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) 1.1.16. ORDER - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Order Form and Newsletter.
2.1.1. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An order is placed after the Customer completes a total of two subsequent steps - (1) completes the Order Form and (2) clicks on the "I am ordering with the obligation to pay" field on the Online Store website after completing the Order Form - until then, it is possible to modify the entered data yourself ( for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: name and surname/company name, gender, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Agreement. Sales: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment.
2.1.2. The Electronic Order Form Service is provided free of charge and is of a one-time nature and ends when the Order is placed via it or when the Service User stops placing the Order via it.
2.1.3. Newsletter - the Newsletter is used after providing the name and e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website and clicking the "Subscribe" box.
2.1.4. The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service User has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The service recipient is obliged to enter data consistent with the actual situation. The Service Recipient is prohibited from providing illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations). The service recipient may submit, for example:
2.4.1.1. in electronic form via e-mail.
2.4.2. It is recommended that the Service User provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) requests of the Service Recipient; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3. The Seller responds to the complaint immediately, no later than within 21 calendar days from the date of its submission.
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. on the Online Store's website when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point. 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment via quick payment system: Przelewy24, PayPal, Klarna
4.1.2. After placing an order and not paying for it within 30 minutes using the payment methods provided by us, the sales contract is terminated due to the customer's fault and the order is automatically canceled.
5. COST, METHODS AND DATE OF PRODUCT DELIVERY
5.1. Product delivery is available within the territory of the Republic of Poland and Europe.
5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Courier delivery.
5.4. The maximum time for preparing an order for shipment is 3-5 business days, unless a shorter time is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the longest given date should be considered the binding deadline.
5.4.1. The completion date should also include the time needed to deliver the product, which ranges from 6 to 9 business days.
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified in generally applicable provisions of law, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller's liability for a Product defect and the Customer's rights are specified on the Online Store website in the information tab regarding complaints.
6.3. A complaint may be submitted by the Customer electronically via e-mail.
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request how to bring the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 21 calendar days from the date of its submission.
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry.
8.2. A sample withdrawal form is sent to the customer after contacting the customer service office. The customer is obliged to ensure that the product is delivered intact. When returning goods, it is necessary to attach a completed return form stating the reason.
8.2.1. Failure to collect the shipment by the customer does not constitute withdrawal from the contract and return. If the buyer refuses to accept the order, the value of the order is not refundable. Therefore, the seller may refuse to accept the return of the goods. In the event of failure to collect the shipment, the buyer exposes the seller to additional costs for returning the products to the seller's foreign warehouse.
8.3. The deadline for withdrawal from the contract begins:
8.3.1. for a contract under which the Seller releases the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consist in regular delivery of Products for a specified period of time - from taking possession of the first Product;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.5. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's order with a declaration of withdrawal from the contract, refund the consumer the payment for the product. The seller refunds the payment using the same payment method used by the consumer.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he received the product, return the product to the seller or hand it over to a person authorized by the Seller. To meet the deadline, it is enough to return the Product before its expiry.
8.7. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision of services that after the Seller has provided the service, he will lose the right to withdraw from the contract; (2) 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 deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract expires and after the Seller informs him about the loss of the right to withdraw from the contract.
9. PROVISIONS APPLICABLE TO ENTREPRENEURS
9.1. This point of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. When the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller is not responsible for the loss, loss or damage of the Product occurring from its acceptance for transport until its delivery to the Customer and for any delay in the transport of the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that the Product was lost or damaged during transport, he is obliged to perform all actions necessary to establish the carrier's liability.
9.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
9.8. The Seller's liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, no more however, not up to the amount of one thousand zlotys. The Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits towards the Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Seller and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Store are concluded in Polish.
10.2. Changes to the Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
10.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended regulations are binding on the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code, i.e. the Service Recipient was properly notified about the changes and did not terminate the contract within 14 calendar days from the date of notification. If a change to the Regulations results in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3. In the event of concluding contracts of a different nature than continuous contracts on the basis of these Regulations (e.g. Sales Agreement), the amendments to the Regulations will not in any way violate the rights acquired by Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular, the amendments to the Regulations will not have impact on already placed or submitted Orders and concluded, implemented or completed Sales Agreements.
10.3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers - the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000, No. 22, item 271, as amended). amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.