TERMS AND CONDITIONS OF ONLINE STORE
§ 1
INTRODUCTORY PROVISIONS
The Regulations are continuously available on the store's website (https://bioclock.io/) in a manner that allows its acquisition, reproduction and recording of its content by printing or saving on a carrier at any time.
For the purpose of interpreting the Regulations, the following terms shall mean:
Account - a separate part of the Online Store, individually assigned to the Customer;
Business day - any day of the week from Monday to Friday, excluding public holidays;
Civil Code - the Act of April 24, 1964. - Civil Code (Journal of Laws of 2019, item 1145, as amended);
Consumer - a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended);
Contract of sale - concluded as a result of an Order between the Client and the Service Provider, a contract of sale within the meaning of the Civil Code;
Customer - a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, concluding a Sales Agreement;
Electronic services - services provided by the Seller by electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC;
Law on Provision of Electronic Services - the Law of July 18, 2002 on Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);
Online store - the online store operated by the Seller, available at: https://bioclock.io/;
Order - a statement of the Customer, submitted via an electronic Order Form, constituting an offer to conclude a Sales Agreement for a Product presented in the Online Store.
Order form - an interactive form made available in the Online Store that allows the Customer to place an Order;
Product - goods presented in the Online Store, being a movable item, intended for sale;
Registration - a one-time action involving the creation of an Account by the Customer, performed using the registration form made available by the Seller on the website of the Online Store;
Service Provider also referred to as "Seller" - Bio Clock spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-867), Al. Jana Pawła II 27 entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register, KRS number: 0001058867, REGON: 526445433, NIP: 5273076134, with a share capital of PLN 5,000, e-mail address: office@bioclock.io,
Terms and Conditions - this document;
User - any individual Internet user who uses the Electronic Services provided in the Online Store.
The Seller has the right to organize occasional contests and promotions, the terms and conditions of which will be stated each time on the website of the Online Store or specified in separate regulations
Promotions in the Online Store are not cumulative, unless the Regulations of a given promotion provide otherwise.
By accepting these Terms and Conditions, the Customer decides to use the Service that enables him/her to make purchases through the Online Store.
Any copying of the solutions and elements used in the Online Store is prohibited. In particular, it is prohibited to create copies of the Online Store using third-party software and tools.
§ 2
RULES OF USING THE ONLINE STORE
In order to use the Online Store, it is necessary for the User's ICT system to meet the following requirements:
computer or mobile device with access to the Internet,
access to e-mail,
standard web browser,
inclusion of Cookies and Javascript in the web browser,
a program to read and save PDF files.
The use of Electronic Services, may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the User's information and communication system and obtaining and modifying his/her data by unauthorized persons. The User is advised to use appropriate technical measures to minimize their occurrence.
The Seller informs that the Online Store uses the mechanisms of cookies. The rules of their use are regulated by the policy available on the website of the Online Store.
It is prohibited to provide and transmit content prohibited by law, including content that promotes violence, defamatory or violating the personal rights and other rights of third parties.
The User is obliged to use the Online Store in a manner consistent with the provisions of the law, the provisions of the Regulations and the generally accepted rules on the Internet.
§ 3
ELECTRONIC SERVICES
The Seller shall enable Users to use the following free Electronic Services: Account, Order Form, Newsletter, Contact Form.
In order to start using the service of maintaining an Account, prior Registration is necessary.
The Agreement for the operation of the Account is concluded when the User receives confirmation of Registration for an indefinite period of time. The User may terminate the agreement at any time by sending an appropriate statement to the Seller or by using the option to delete the Account.
The Seller provides an Order Form that allows you to purchase Products presented in the Store. The service of making the Order Form available is provided for a limited period of time and is terminated when the Order Form is sent to the Seller.
The electronic contact form allows you to contact the Seller. The service of the contact form is provided for a limited period of time and is terminated when the form is sent to the Seller.
Each User has the opportunity to subscribe to the Newsletter in order to receive commercial and promotional information from the Seller to the e-mail address provided by the User. The Newsletter service is provided for an indefinite period of time. Each User may revoke his/her consent to the Newsletter at any time by sending a request to the Seller to remove him/her from the list of subscribers.
In the event of violation of the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease violations with the setting of an appropriate time limit, may terminate the contract for the provision of electronic Services with immediate effect.
Any complaints regarding services provided electronically, and related to the functioning of the Online Store, the Customer may submit to the email address office@bioclock.io.
A complaint submitted in this manner will be considered by the Seller within 14 days of its receipt by the Seller.
§ 4
SALE OF PRODUCTS
All Products available in the Online Store are brand new, free from physical and legal defects and have been legally introduced into the Polish market, unless the Seller has marked them as incomplete.
The prices of the Products presented in the Store are gross prices and include all components including VAT. The price of a Product does not include the cost of its delivery, unless expressly stated so in its description.
Information about the Products presented in the Online Store does not constitute an offer, but an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
the Seller offers products in the store:
at full price;
discounted.
In order to conclude a Sales Contract through the Online Store, one must enter the Online Store, make a selection of products, then taking further technical actions based on the messages displayed to the Customer and the information available on the Website aimed at placing an Order.
The selection of the ordered Goods by the Customer is made by adding them to the shopping cart.
During the process of placing the Order - until the button responsible for placing the order is pressed. - The Customer has the possibility of modifying the data entered and with regard to the selection of the Goods. For this purpose, the Customer should be guided by the messages displayed to him/her and by the information available in the Online Shop. In order to place an Order, it is necessary to correctly fill in the Order Form.
In the Order Form, the Buyer must provide true personal information. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or where the data raises reasonable doubts of the Seller as to its correctness. In such a case, the Buyer will be informed by phone or e-mail about the doubts of the Seller. In such a situation, the Buyer shall have the right to explain any circumstances related to the verification of the veracity of the data provided. In the absence of data allowing the Seller to undertake contact with the Buyer, the Seller will provide any clarification after the Buyer undertakes contact.
The Buyer declares that all data provided by him in the Order Form are true, while the Seller is not obliged to verify their veracity and correctness.
After the Customer using the Online Store has provided all the necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will contain information regarding:
the subject of the Order;
the unit and total price of the ordered products or services, including delivery costs and additional costs (if any);
the selected method of payment;
the selected method of delivery,
In order to send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the button responsible for submitting the Order.
Submitting the Order constitutes the Customer's offer to conclude a contract of sale of the Products selected by the Customer. The Customer automatically receives a confirmation of receipt of the Order in the Seller's data communications system.
The Seller sends to the Customer's e-mail address a confirmation of acceptance for execution of the Order, which constitutes a statement of acceptance of the Customer's offer, and at that moment the Contract of Sale of the Products is concluded.
The Contract of Sale is concluded in the Polish language, with the content in accordance with the Regulations.
The Online Store reserves the right to cancel the Order if the Customer does not pay for the Goods within three working days. The Customer is obliged to pay for the Order within the time limit indicated in the Online Store. If the Customer fails to pay within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment with setting an additional deadline, may withdraw from the Sales Agreement on the basis of Article 491 of the Civil Code.
§ 5
PAYMENTS
Payment for the Product in the Online Store shall be made via the Przelewy24 service operated by PayPro S.A. with its registered seat in Poznan, 8 Pastelowa Street (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Department of the National Court Register under the KRS number 0000347935, NIP number 7792369887, with a share capital of PLN 5,476,300.00, fully paid up and in the register of national payment institutions kept by the Polish Financial Supervision Authority under the UKNF number IP24/2014.
§ 6
DELIVERY
Delivery of the Goods shall be made to the address indicated by the Customer when placing the Order.
The Seller shall make every effort to ensure that the term of execution and dispatch of the Order is as soon as possible. The deadline for dispatch of the Order by the Seller is from 1 to 3 working days counting from the date of payment of the Order by the Customer. The time limit for fulfillment of the Order begins on the date of receipt of payment. If different lead times are stipulated for the Products covered by the Order, the longest period among the stipulated ones shall apply for the entire Order, of which the Consumer shall be notified.
Delivery of the ordered Goods shall be made by courier service. Delivery costs are precisely specified when placing the Order and are visible under the list of selected Products. The total payment of the Customer is the sum of the price of all ordered Products and the cost of delivery.
The duration of delivery after collection by the carrier depends on the type of delivery method selected by the Customer and is determined by the regulations of individual carriers.
Delivery is carried out as a rule on working days from Monday to Friday.
The Seller shall deliver orders within the territory of the European Union.
The duration of delivery after collection by the carrier depends on the type of delivery method selected by the customer and is determined by the regulations of individual carriers.
The Seller suggests to customers to check the completeness of the Goods in the presence of the courier. In case of damage to the Goods in transit, the courier will write an appropriate protocol and inform the relevant department responsible for the shipment.
The Seller does not offer the possibility of personal collection of the purchased Goods.
In the case of orders that are not fulfilled through the fault of the Client, in particular in the case of unjustified refusal to collect the ordered Goods or providing an incorrect or inaccurate address that prevents delivery of the Goods, the Seller reserves the right to charge the Client with the costs incurred in connection with the implementation of the Order and the actual costs of transport of the Goods - including return transport.
Recording, securing, making available and confirming to the Client the important provisions of the Contract of sale of the Goods shall take place by sending to the Client a confirmation to the provided e-mail address and by attaching to the parcel containing the Goods a printout of the confirmation or specifications of the Order or a receipt or a VAT invoice.
§ 7
WARRANTY CLAIM
The Seller undertakes to deliver Products that are free from physical and legal defects, unless the Product description indicates that the Product is not of full value.
Before collecting the parcel with the purchased Product, the Customer should check whether the parcel has not been damaged in transport. If any damage is found, the Customer is entitled to refuse to accept the parcel and then contact the Seller to determine the further course of action.
In the case of defects of the Product, the Seller shall be liable to the Customer, who is a Consumer, under the warranty for defects under the principles set out in Article 556 - 576 of the Civil Code.
In order to consider the complaint of the Product, the Customer sends to the Seller the Product under complaint, if possible with the proof of purchase attached to it. It is recommended to accurately describe the type of defect, the date on which it arose, as well as the Customer's request in this regard.
The Seller undertakes to consider any complaint regarding the Product within 14 days.
In the case of positive consideration of the Complaint, i.e. if it is found that the Product has a physical or legal defect, the Seller, in accordance with applicable provisions of the Civil Code on warranty and taking into account the demands of the Consumer, will replace the defective Product to a defect-free one or will remove the defects.
In the event that the Consumer submits a statement of price reduction, the Seller shall send the Product to the Consumer and refund part of the price. The part of the price of the Product to be refunded shall be determined in such proportion to the price of the Product resulting from the Sales Agreement in which the value of the Product with the defect remains to the value of the Product without the defect.
In the case of withdrawal from the Sales Contract by the Consumer, the Seller shall refund the price of the Product.
In the event that replacement of the Product or removal of the Product defect is impossible or would require excessive costs, the Seller may refuse to satisfy the Consumer's request. In such a case, the Seller shall refund the price of the Product.
The Consumer is obliged to provide the Seller with complete and accurate data necessary for the Seller to send the Product without defects or refund the price of the Product (correct address to which the Product is to be sent or correct details of the bank account to which the transfer is to be made). The Seller shall not be liable if, due to incorrect address, name or bank account details provided by the Consumer:
it will not be possible to send the Product free of defects or to refund the price,
there is a delay in doing so,
the refund is made to a bank account which does not belong to the Consumer or
The defect-free product will be sent to an address not belonging to the Consumer.
The Seller shall not be liable for defects in the Product if the Consumer was aware of the defect at the time of conclusion of the Sales Agreement.
None of the provisions of the Terms and Conditions shall limit the rights of the Consumer which he is entitled to under the provisions of the law in force in the territory of the Republic of Poland. In the event of the existence of such a provision, the provisions of the law in force in the territory of the Republic of Poland, in particular the Civil Code, shall apply.
Complaints should be addressed to the Seller:
by letter, to the address: Bio Clock sp. z o.o. with its registered office in Warsaw, ul. Przebiśniegów 16, 05-500 Nowa Iwiczna;
by e-mail to the following address: office@bioclock.io.
§ 8
WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
The Customer has the right to withdraw from this contract within 14 days without giving any reason.
The period of withdrawal shall expire after 14 days from the day on which the Customer took possession of the item or on which a third party other than the carrier and indicated by the Customer took possession of the item.
In order to exercise the right of withdrawal from the Sales Agreement, the Customer must inform the Seller of his/her decision to withdraw from the Sales Agreement by an unequivocal, unilateral statement (e.g. a letter sent by e-mail to: office@bioclock.io or by post to: Bio Clock sp. z o.o. with its registered office in Warsaw, ul. Przebiśniegów 16, 05-500 Nowa Iwiczna).
In order to meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Customer to send the information concerning the exercise of his/her right of withdrawal from the Sales Agreement before the expiry of the deadline for withdrawal set out in Article 8(2) of the Regulations.
Effects of withdrawal from the Sales Contract:
In the event of withdrawal from the Sales Contract, the Seller shall reimburse to the Consumer all payments received from the Consumer, including the costs of delivery of the item (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case not later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal. Reimbursement shall be made using the same method used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the Consumer. The Seller may withhold reimbursement until it has received the Goods or until it has provided proof of return, whichever event occurs first.
The Consumer shall be obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he or she withdrew from the Sales Contract. It is sufficient to send the Goods back to the Seller's address before this deadline.
The Customer who is a Consumer is not entitled to withdraw from the Sales Agreement with respect to contracts, among others, in which the Goods are delivered in sealed packaging which cannot be returned after opening the packaging for health protection or hygienic reasons, if the packaging has been opened after delivery (Article 38 of the Act on Consumer Rights).
If the Consumer exercising his right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller. The Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
In the event of withdrawal, the Consumer Customer shall only bear the direct costs of returning the Goods, i.e. the costs of sending the Goods to the Seller.
The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
The address to which the Customer shall return the Goods is:
Bio Clock sp. z o.o.
Przebiśniegów 16,
05-500 Nowa Iwiczna.
§ 9
OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
The Consumer has the possibility to make use of out-of-court ways of dealing with complaints and claims. Amongst others, the Consumer has the possibility to:
apply to a permanent amicable consumer court to resolve a dispute arising from the contract concluded,
apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller,
use the assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
More detailed information on out-of-court ways of dealing with complaints and pursuing claims, the Consumer may look for at the website http://www.polubowne.uokik.gov.pl.
The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract.
§ 10
PERSONAL DATA
The Customer's personal data registered in the Online Shop shall be processed by the Seller as a personal data administrator on the basis of the Personal Data Protection Act of 29 August 1997 (i.e. Journal of Laws of 2002, No. 101, item 926, as amended) and the Regulation of the European Parliament and of the Council (EU) 2016/679 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. (Official Journal of the EU.L No. 119, p. 1) (the "Regulation") for the purposes related to transactions performed within the Shop and for the purposes resulting from the legally justified interests pursued by the Seller, and on the basis of the Customer's consent - for the purposes in accordance with the content of the consent granted, including for commercial and marketing purposes.
The administrator of the personal data (within the meaning of Article 4(7) GDPR) of the Customers, including the Users using the functionality of the Online Shop, is the Seller, that is Bio Clock spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-867), Al. Jana Pawła II 27 entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, KRS no.: 0001058867, REGON no.: 526445433, NIP no.: 5273076134, with a share capital of 5,000 PLN.
Personal data are used solely for the purpose of completing the Order and, subject to the Customer's consent - for advertising, market research and research into customer behaviour and preferences with the aim of improving the quality of services provided by the Seller.
The data provided will be processed on the basis of Article 6(1)(GDPR) for the purposes indicated in point. 1 above.
The provision of personal data by the Customer in the Online Shop is voluntary, but necessary to carry out transactions in the Online Shop. Failure to provide personal data makes it impossible to create an Account in the Online Shop and to perform transactions within the Online Shop. 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, regardless of transactions within the Online Shop.
The Customer shall have the right to request from the Seller access to personal data concerning him/her, the right to rectify, delete or restrict processing.
The Customer shall have the right to withdraw consent to the processing of personal data at any time without affecting the lawfulness of the processing performed on the basis of consent before its withdrawal.
Personal data shall be stored for the period necessary for the completion of transactions in the Online Shop and the processing of complaints and shall be processed for the duration of the Customer's account with the Online Shop, not longer than 3 years after the liquidation of the account with the Online Shop. If the Customer makes a transaction without creating an Account in the Online Shop then the data are processed for a period of 3 years from the date of the transaction. In the case of processing personal data for legally justified purposes of the Seller, the data are stored for the duration of their implementation and on the basis of the Customer's consent - the data are stored until the consent is withdrawn.
The Administrator carefully selects the entities with which it cooperates or whose services it uses to process personal data, striving to ensure maximum protection of the data.
The Customer's personal data will be processed in the form of analytical, sales and marketing profiling in order to adapt the materials directed by the Seller to the Customer's needs and interests and to make measurements that will allow the Seller to improve its services.
Personal data may be transferred to processors cooperating with the Seller (e.g. courier company carrying out the delivery of purchased Products, IT service provider, debt collection company, mailing company, etc.). Data will not be transferred to recipients located in countries outside the European Economic Area.
The Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection if he/she considers that the processing of personal data concerning him/her violates the provisions of law.
§ 11
FINAL PROVISIONS
The Seller has the right to amend the Terms and Conditions for important reasons, which include in particular amendments to legal regulations. Orders accepted for execution before the effective date of changes to the Terms and Conditions of Use are fulfilled in accordance with the existing rules.
The Seller reserves the right to introduce and cancel offers, promotions and to change product prices in the Online Store without prejudice to the rights acquired by the Purchaser, including in particular the terms of agreements concluded before the change.
The Seller shall notify all Users of any changes to these Terms and Conditions through information on the homepage of the Online Store and users who have an Account, via e-mail to the address provided by them.
In the case of non-acceptance of the content of the new Rules and Regulations, the Buyer shall have the right at any time to terminate the contract for maintaining an Account by deleting the Account or submitting to the Seller the appropriate statement, in any form, on the termination of the contract for maintaining an Account.
Settlement of any disputes arising between the Seller and the Customer, who is a consumer within the meaning of Article 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the applicable provisions of the Civil Procedure Code.
Any disputes arising between the Seller and a Customer who is not a consumer within the meaning of Article 22[1] of the Civil Code shall be referred to the competent court for the seat of the Seller.
In matters not regulated in these Terms and Conditions, the provisions of the applicable law, including the Civil Code and the Act on Consumer Rights shall apply.
