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Shop regulations

1. preliminary provisions

  1. Biosensual online shop available at www.biosensual.pl, operated by SINSERE SP Z O O, NIP 5223053094, REGON 363673960.
  2. These Terms and Conditions are addressed to Consumers and set out the rules and procedure for concluding a Distance Sales Contract with a Consumer through the Shop.

2 Definitions

  1. Consumer - a natural person concluding a contract with the Seller as part of the Shop, the subject of which is not directly related to his/her economic or professional activity.
  2. Seller - SINSERE SP Z O O, NIP 5223053094, REGON 363673960.
  3. Customer - any entity making purchases through the Store.
  4. Entrepreneur - a natural person, a legal person and an organisational unit that is not a legal person, to which a separate act grants legal capacity, conducting a business on its own behalf, which uses the Shop.
  5. Shop - the online shop operated by the Seller at the Internet address www.biosensual.pl.
  6. Distance contract - a contract concluded with a Customer within an organised distance contracting system (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Terms and Conditions - these rules and regulations of the Shop.
  8. Order - the Customer's declaration of will submitted via the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
  9. Account - Customer's account in the Store, in which the data provided by the Customer and information about orders placed by him/her in the Store are stored.
  10. Registration form - a form available in the Shop for creating an Account.
  11. Order Form - an interactive form available in the Store which allows the Orderer to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Basket - an element of the Shop's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order details, in particular the quantity of the products.
  13. Product - a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
  14. Sales Agreement - an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Shop. The Sales Agreement is also understood - according to the characteristics of the Product - as a contract for the provision of services and a contract for specific work.

3 Contact with the Shop

  1. Seller's address: ul.Tytusa Chałubińskiego 9/2, 02-004 Warsaw
  2. Seller's e-mail address: kontakt@biosensual.pl
  3. The Customer may communicate with the Seller using the details given in this paragraph.

4 Technical requirements

  1. In order to use the Shop, including browsing the Shop's product range and placing orders for Products, the following are necessary:

    1. a terminal device with access to the Internet and a Chrome-type web browser,
    2. an active electronic mail (e-mail) account,
    3. cookies enabled,
    4. FlashPlayer installed.

5 General information

  1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the operation of the Shop caused by force majeure, unauthorised acts of third parties or incompatibility of the Shop with the Customer's technical infrastructure.
  2. Browsing through the Shop's assortment does not require creating an Account. Placing orders by the Customer for Products from the Shop's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data which enables the fulfilment of the Order without creating an Account.
  3. The prices given in the Shop are given in Polish zloty and are gross prices (including VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal charges), of which the Customer is informed on the pages of the Shop during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
  5. In the case of a Contract covering subscriptions or services for an indefinite period, the final (definitive) price shall be the total price including all payments for the billing period.
  6. Where the nature of the subject matter of the Contract does not, reasonably, allow for the calculation of the final (definitive) price in advance, information on how the price will be calculated, as well as on transport, delivery, postal and other charges, shall be provided in the Shop in the Product description.

6 Creating an Account in the Shop

  1. In order to set up an Account in the Shop, you need to fill in the Registration Form. It is necessary to enter the following data: address-email, user password.
  2. Creating an Account in the Shop is free of charge.
  3. Logging into the Account is done by entering the login and password established in the Registration Form.
  4. The Customer may cancel the Account at any time, without stating a reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.

7 Ordering rules

  1. In order to place an Order it is necessary to:

    1. log into the Shop (optional);
    2. select the Product that is the subject of the Order and then click on the „Add to basket” button (or equivalent);
    3. log in or use the option to place an Order without registration;
    4. if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of Product delivery), enter the data for the invoice, if different from the data of the Order recipient,
    5. click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,
    6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.

8 Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
  2. Postal delivery, cash on delivery.
  3. Courier delivery, cash on delivery.
  4. The customer can use the following payment methods:
  5. Payment on delivery.
  6. Payment on delivery.
  7. Payment by bank transfer to the Seller's account.
  8. Electronic payments.
  9. Payment by credit card.
  10. Detailed information on delivery methods and acceptable payment methods can be found behind the Shop pages.

9. execution of the sales contract

  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 Shop in accordance with § 7 of the Terms and Conditions.
  2. After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
  3. If the customer chooses:
  4. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within .... calendar days from the conclusion of the Sales Agreement - otherwise the order will be cancelled.
  5. payment on delivery, the Customer is obliged to make payment on delivery.
  6. The Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), by the method selected by the Customer when placing the Order.
  7. In the event of an order of Products with different readiness for collection dates, the Customer has the option to collect the Products in parts (according to their readiness for collection) or to collect all the Products once the entire order has been completed.
  8. The availability of goods above 50 items and the lead time for the orders in question are determined individually. The customer is obliged to confirm the conditions and lead time via e-mail address: zamowienia@biosensual.pl
  9. The start of the period for the Product to be ready for collection by the Customer is calculated as follows:
  10. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account is credited.
  11. If the Customer chooses the cash on delivery method - from the date of conclusion of the Sales Contract.
  12. Delivery of the Product takes place exclusively in Poland.

10 Right of withdrawal

  1. The consumer may withdraw from the Sales Contract within 14 days without giving any reason.
  2. The period referred to in paragraph 1 shall start to run from the delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.
  3. In the case of a Contract which involves multiple Products which are delivered separately, in batches or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, batch or part.
  4. In the case of a Contract which consists of the regular delivery of Products over a fixed period of time (subscription), the time limit indicated in paragraph 1 shall run from taking possession of the first item.
  5. The Consumer may withdraw from the Contract by making a statement of withdrawal from the Contract to the Seller. It is sufficient for the Consumer to send the declaration before the deadline for withdrawal from the Contract to be observed.
  6. The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on a form, the template of which is attached as Appendix No. 1 to these Regulations and Appendix to the Act of 30 May 2014 on Consumer Rights, but this is not obligatory.
  7. If the Consumer sends a statement by electronic means, the Seller shall immediately send the Consumer an acknowledgement of receipt of the statement of withdrawal to the e-mail address provided by the Consumer.
  8. Effects of withdrawal from the Agreement:
  9. In the event of withdrawal from a Distance Contract, the Contract shall be deemed not to have been concluded.
  10. In the event of withdrawal from the Agreement, the Seller shall reimburse to the Consumer immediately, no later than within 14 days of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the item, except for the additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
  11. The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer.
  12. The Seller may withhold reimbursement until it has received the Product back or until it has been provided with proof of return, whichever event occurs first.
  13. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the Contract. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day period.
  14. The consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by post in the usual manner.
  15. The consumer shall only be liable for any diminution in the value of the Product resulting from the use of the Product other than what was necessary to establish the nature, characteristics and functioning of the Product.
  16. Where, due to the nature of the Product, it cannot be sent back in the usual way by post, information about this, as well as about the costs of returning the Product, will be included in the description of the Product in the Shop.
  17. The right of withdrawal from a distance contract does not apply to the Consumer in respect of the Contract:
  18. where the object of the performance is a non-refabricated item manufactured to the Consumer's specifications or to meet the Consumer's personalised needs,
  19. where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
  20. in which the object of the performance is a perishable object or an object with a short shelf life,
  21. for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the performance of the service by the Seller that after the Seller's performance he will lose his right of withdrawal,
  22. 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 end of the withdrawal period,
  23. in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery,
  24. in which the object of performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
  25. in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery,
  26. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract,
  27. for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal,

11 Complaint and warranty

  1. The Sales Contract covers new Products.
  2. Complaints must be made in writing or by e-mail to the Seller's addresses given in these Terms and Conditions.
  3. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if the Seller fails to do so within this period, the Seller shall be deemed to have acknowledged the Customer's request.
  4. Goods sent back under the complaints procedure should be sent to the address specified in § 3 of these Terms and Conditions.
  5. If a guarantee has been granted for a Product, information about the guarantee, as well as its content, will be included in the description of the Product in the Shop.

12 Out-of-court complaint and redress procedures

  1. Detailed information on the consumer's possibilities of using out-of-court complaint and redress procedures, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following examples of out-of-court complaint and redress procedures:
  3. The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
  4. The Consumer shall be entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
  5. A consumer may obtain free assistance in resolving a dispute between him and the seller, also using the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

13. Personal data in the Online Shop

  1. The administrator of the Customers' personal data collected via the Online Shop is the Seller.
  2. Customers' personal data collected by the administrator via the Online Shop are collected for the purpose of fulfilling the Sales Agreement and, if the Customer agrees, also for marketing purposes.
  3. Recipients of the personal data of the Customers of the Online Shop may be:
  4. In the case of a Customer who uses postal or courier delivery methods in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.
  5. In the case of a Customer who uses the electronic or credit card payment method in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the aforementioned payments in the Online Shop.
  6. The customer has the right to access and correct their data.
  7. Provision of personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the impossibility to conclude the Sales Agreement.

14 Cookie policy

  1. Cookies are IT data stored on users“ terminal equipment for the purpose of using websites. In particular, these are text files containing the name of the website they come from, the time they are stored on the end device and a unique number.
  2. The website does not collect any information automatically, except for the information contained in cookies.
  3. Cookies are intended for the use of the website. The operator uses these files for:
    (a) the ability to log in and maintain a user session on every subsequent page of the site
    (b) to adapt the content of the website to the user's individual preferences, primarily by recognising the user's device in order to display the website in accordance with the user's preferences
    c) to compile anonymous statistics excluding the possibility of identifying the user.
  4. Cookies used by partners of the website operator, including in particular website users, are subject to their own privacy policies.
  5. To ensure the security of the data entrusted to us, we have developed internal procedures and recommendations to prevent data from being made available to unauthorised persons. We monitor their implementation and constantly check their compliance with the relevant legal acts - the Personal Data Protection Act, the Act on the Provision of Electronic Services, as well as all kinds of implementing acts and Community legislation.
  6. By default, web browsing software allows cookies to be placed on the User's terminal equipment. These settings can be changed by the User in such a way as to block the automatic handling of “cookies” in the browser settings or inform about their transmission to the User's device each time.
  7. Users of the Website may change their cookie settings at any time. Detailed information on the possibility and methods of handling cookies is available in the settings of your software (web browser). Examples of editing options in popular browsers:
    - Mozilla Firefox: www.support.mozilla.org/pl/kb/ciasteczka
    - Internet Explorer: www.support.microsoft.com/kb/278835/pl
    - Google Chrome: www.support.google.com/chrome/bin/answer.py?hl=pl&answer=95647
    - Safari: www.safari.helpmax.net/pl/oszczedzanie-czasu/blokowanie-zawartosci/
  8. The Operator of the Website informs you that changes to your browser settings may prevent the proper operation of the Websites.

15 Privacy policy

  1. General Information - This Privacy Policy sets out the principles for the processing and protection of personal data provided by Users in connection with their use of the services offered by the Website.
  2. The administrator of the personal data contained in the site is the company SINSERE SP Z O O, entered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister responsible for economic affairs, NIP 5223053094, REGON 363673960.
  3. To ensure the security of the data entrusted to us, we have developed internal procedures and recommendations to prevent data from being made available to unauthorised persons. We monitor their implementation and constantly check their compliance with the relevant legal acts - the Personal Data Protection Act, the Act on the Provision of Electronic Services, as well as all kinds of implementing acts and Community legislation.
  4. The use of the service shall be considered as consenting to the processing of one's personal data collected through the forms filled in and/or collected in other parts of the service and where the provisions of the law authorise the Administrator to process personal data on the basis of the provisions of the law or in order to perform the contract concluded between the parties.
  5. The service performs functions to obtain information about users and their behaviour in the following ways:
    a) through the information voluntarily entered on the forms
    (b) through the collection of “cookies” [cookie policy].
    c) through the use of web analytics tools, e.g. Google Analytics
  6. The service collects information voluntarily provided by the user.
  7. The data provided in the form are processed for the purpose resulting from the function of the specific form, e.g. to process the information contact.
  8. Personal data left on the site will not be sold or made available to third parties, in accordance with the provisions of the Data Protection Act.
  9. The data contained in the form can be accessed by the individual who put it there. The individual also has the right to modify and stop the processing of his or her data at any time.
  10. We reserve the right to make changes to the privacy policy of the website, which may be influenced by developments in internet technology, possible changes in data protection law and the development of our website. We will inform you of any changes in a visible and understandable manner.
  11. Links to other websites may appear on the Website. Such websites operate independently of the Service and are not supervised in any way by www.gawelconsulting.pl. These websites may have their own privacy policies and terms and conditions which we recommend you read. If you have any concerns about any of the provisions of this privacy policy, we are at your disposal - contact details available at CONTACT.

16 Final provisions

  1. Contracts concluded through the Online Shop are concluded in the Polish language.
  2. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes to the law, changes to payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.
  3. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Providing Services by Electronic Means; Act on Consumer Rights, Act on Personal Data Protection.
  4. The customer has the right to make use of out-of-court complaint and redress procedures. To this end, he can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.