BIOMAK ONLINE STORE TERMS AND CONDITIONS

1. General Provisions

The online store is operated by:

“BIOMAK” Sylwester Kiełbowski and Karol Kiełbowski General Partnership

Tax ID (NIP): 534-14-50-244,

National Court Register (KRS): 0000109897

Email: biomak@biomak.pl,

Tel.: +48 797 894 920, Tel.: +48 502 448 033

REGON: 012375156

EU VAT ID: PL5341450244

GIODO number: 151588

2. These Terms and Conditions set out the rules for using the shop, placing orders, concluding sales contracts, and the rights and obligations of the parties.

The Terms and Conditions are available free of charge on the shop’s website in a format that allows them to be downloaded and saved.

Definitions

• Customer – a natural person, legal person or organisational unit making a purchase

• Consumer – a natural person making a purchase not related to business activity

• Shop – the Biomak online shop

• Sales contract – a distance contract

3. Electronic services

The Shop enables:

• placing orders

• maintaining a customer account

The Customer is obliged to:

• provide accurate details

• not provide unlawful content

4. International sales

1. The shop fulfils orders within selected European Union countries.

2. Delivery costs are shown at the time of ordering for orders up to 5kg. For bulky items (over 5kg), delivery costs are quoted on an individual basis.

3. Delivery times for international orders may be longer and depend on the country of delivery and the carrier.

4. For international orders, the Consumer bears the direct cost of returning the goods.

5. Returns should be sent to the Seller’s registered office address, unless otherwise specified.

“BIOMAK” Sylwester Kiełbowski and Karol Kiełbowski,

13 Słońskiego Street

05-820 Piastów

6. Contracts concluded with the Seller are governed by Polish law, provided that the Consumer also benefits from the protection afforded to them under the mandatory provisions of the law of their country of habitual residence.

7. In the event of any discrepancy between the language versions of these terms and conditions, the Polish version shall prevail.

5. Placing orders

Orders may be placed 24 hours a day, but they are processed during the following hours: Monday to Friday from 8.00 to 16.00. Biomak Sp.J does not process orders on public holidays or on other days designated by Biomak Sp.J.

Placing an order constitutes an offer to enter into a contract.

The contract is concluded upon confirmation of the order by the Seller.

The Customer may place an order without registering.

Orders are fulfilled throughout Poland.

The Customer has the right to cancel the order, or to cancel part of the order or amend its contents, no later than 1 day before the scheduled delivery date.

Orders will be delivered to the address specified by the Customer. If the Customer does not provide a delivery address, the order will be delivered to the address provided on the invoice.

Deliveries within Poland are carried out via DPD, Poczta Polska, Inpost, an employee of Biomak Sp.J., or another courier selected by Biomak Sp.J. or chosen by the Customer following consultation with an employee of Biomak Sp.J. The courier is selected by an employee of Biomak Sp.J. or by the Customer at their express request. In such cases, the Customer may be charged for transport and delivery costs even if the order value exceeds PLN 300 gross.

The delivery cost is in accordance with the price list of Poczta Polska and the price lists of courier companies, provided that Biomak Sp.J. bears the costs of delivering the goods to the Customer if the value of the order placed by the Customer is equal to or exceeds PLN 300 gross, subject to sub-clause 6 of clause 4 of these terms and conditions.

Please inspect the goods in the presence of the courier. If the goods have been damaged in transit, please complete a damage report with the courier and notify Biomak immediately.

The prices of items in the online shop are identical to those in the physical Biomak Sp.J. shop.

Prices include VAT. These are gross prices expressed in Polish zlotys and do not include delivery costs.

A sales document is always included with the delivered order.

The order constitutes an offer within the meaning of the Civil Code.

Biomak Sp.J. reserves the right to change the product range and prices of individual products.

If it is not possible to complete the order as placed due to the unavailability of any of the ordered products, the order will be processed after contacting the Customer by telephone or email.

If the delivered parcel does not match the order placed, the Buyer should refuse to accept the products not ordered and immediately notify the seller.

The sales document always corresponds to the sales price applicable at the time the order is accepted for fulfilment.

6. Prices and payments

All prices are gross prices (including VAT) and are expressed in Polish zlotys or in Euro.

Delivery costs are indicated when placing the order.

Available payment methods:

• bank transfer

• online payments (PayPro S.A. – Przelewy24)

• cash on delivery

• VISA and MasterCard

The order will be processed once the payment has been credited to Biomak Sp.J.’s account. The account number and bank details will be provided once the order has been placed.

7. Delivery

Deliveries are made within Poland.

Estimated delivery time = processing time – up to 3 working days + delivery time – (depending on the courier company selected)

Deliveries are made via courier companies or postal operators.

8. Right to withdraw from the contract

The consumer has the right to withdraw from the contract within 14 days without giving any reason.

The period is calculated from the date of receipt of the goods.

To exercise the right to withdraw, the consumer must inform the seller by email or in writing.

Consequences of withdrawal:

a refund will be issued within 14 days

the refund will be made using the same payment method

The consumer bears the cost of returning the goods.

The customer is only liable for any reduction in the value of the goods resulting from handling them in a manner exceeding what is necessary to check the product.

Exceptions to withdrawal:

• made-to-order products

• personalised products

• products which, after delivery, have been assembled or used in a way that prevents their resale

   

9. Complaints (non-conformity of goods with the contract)

The seller is responsible for the conformity of the goods with the contract.

In the event of non-conformity, the customer may request:

• repair

• replacement

• a price reduction

• withdrawal from the contract

Complaints may be submitted via:

email: biomak@biomak.pl

The Seller shall consider the complaint within 14 days.

10. Warranty

The warranty is voluntary and is provided in accordance with the warranty certificate.

The warranty does not exclude your statutory rights.

The warranty covers product faults caused by faulty parts or manufacturing defects. When requesting a warranty repair, the Customer is required to provide:

- proof of purchase (copy)

- a correctly completed Warranty Card,

- the faulty product,

- a description of the fault.

Faults discovered during the warranty period will be rectified by the Service Centre within 14 working days of the date the product is accepted for repair by the Service Centre.

The warranty does not cover:

• a/ accidents occurring during transport and handling, and any damage caused thereby,

• b/ malfunctions or damage caused by improper use, the Customer’s negligence, or use of the product contrary to the user manual or safety regulations,

• c/ mechanical damage to the product and defects caused thereby,

• d/ light bulbs, fluorescent tubes and other glass components,

• e/ products where persons other than the Service Centre have broken the warranty seal or carried out modifications, alterations or repairs,

• f/ products in which the Warranty Card or serial numbers have been altered, obscured or erased in any way,

• g/ consumables (batteries)

11. Personal data (GDPR)

The data controller is Biomak Sp. J.

Data is processed for the following purposes:

• order fulfilment

• customer service

• compliance with legal obligations

The customer has the right to:

• access their data

• rectify their data

• erase their data

• restrict processing

Further details can be found in the Privacy Policy.

12. Marketing and Consent

Marketing consents are voluntary.

The customer may withdraw them at any time.

13. Reviews and Prices (Omnibus Directive)

We provide information on the lowest price of a product from 30 days prior to a price reduction.

Reviews published in the shop may come from verified customers.

14 Final provisions

These Terms and Conditions may be amended for important legal or organisational reasons.

Polish law applies to these contracts.

In matters not covered herein, the provisions of generally applicable law shall apply.

APPENDIX – MODEL WITHDRAWAL FORM

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