Terms and conditions

STATUTE

Article 1:

This Regulation defines the general terms and conditions and the method of sale conducted by MPM Patryk Machtyl, ul. Wesoła 36, 42-202 Częstochowa, NIP 949-183-74-90, Regon: 380111044, through the online store, hereinafter referred to as the “Online Store.” The Regulation also specifies the rules and conditions for the provision of free electronic services by the Online Store

Article 2 Definitions :

Business days – means the days of the week from Monday to Friday, excluding public holidays.
Delivery – means the act of providing the Customer with the products specified in the order by the Seller, through the Carrier.
Carrier – means the entity with which the Seller collaborates for the purpose of delivering the products.
Password – means a sequence of letters, numbers, or other characters selected by the Customer during registration on the Online Store, used to secure access to the Customer’s Account.
Customer – means the entity for whom, in accordance with the Regulation and legal provisions, electronic services will be provided, or with whom a Sales Agreement will be concluded.
Consumer – means a natural person who undertakes a legal action with an entrepreneur that is not directly related to their business or professional activity.
Customer Account – means an electronic service identified by a unique name and Password provided by the Customer. It is a panel in the Seller’s IT system that allows the Customer to access additional functionalities and services. The Customer gains access to the Account using a Username and Password. The Customer logs into their Account after registering on the Online Store. The Account allows for the storage and management of address information for product shipments, tracking the status of Orders, accessing Order history, and utilizing other services provided by the Seller.
Username – means the unique identifier chosen by the Customer, consisting of a sequence of letters, numbers, or other characters, required along with the Password to create a Customer Account in the Online Store. The Username is the Customer’s email address.
Entrepreneur – means a natural person, a legal entity, or an organizational unit that is not a legal entity but is granted legal capacity by law, conducting business or professional activities in their own name and performing legal actions directly related to their business or professional activity.
Regulation – means this store’s regulations.
Registration – means the process carried out in the manner specified in the Regulation, required for the Customer to access all functionalities of the Online Store.
Seller – MPM Patryk Machtyl, ul. Wesoła 36, 42-202 Częstochowa, NIP 949-183-74-90, Regon: 380111044, Tel.: +48 600-590-830, sklep@golebimarket.pl
Online Store – means the website that allows the Customer to place Orders and make Reservations, as well as to access services provided by the Seller.
Goods – means a product presented by the Seller through the Online Store, which may be the subject of a Sales Agreement.
Durable Medium – means a material or tool that allows the Customer or Seller to store information addressed personally to them in a way that enables future access to the information for a period appropriate to the purposes for which the information is intended, and that allows for the reproduction of the stored information in an unchanged form.

Artikle 3:

Sales Agreement – means a distance sales contract concluded under the terms specified in the Regulation, between the Customer and the Seller.

Article 4:

Newsletter – means an Electronic Service that allows all subscribing Customers to receive from the Seller information about Products, the Online Store, including news and promotions, to the email address provided by the Customer, with the Customer’s consent.

Article 5 General Provisions, Use of the Online Store:

All rights to the Online Store, including copyright, intellectual property rights to its name and domain, forms, and logos displayed in the Online Store (excluding logos and images presented for product presentation purposes, for which copyright belongs to third parties), belong to the Seller. Use of these rights may occur only in the manner specified and in accordance with the Regulation and with the Seller’s consent.
The Seller will make every effort to ensure that the Online Store is accessible to Internet users using all popular web browsers, operating systems, types of devices, and types of Internet connections. The minimum technical requirements for using the Online Store are: Mozilla Firefox version 17.0 or higher, Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher. The recommended minimum screen resolution is 1024×768. The web browser must support cookies and JavaScript.
The Seller uses cookies to collect information related to the Customer’s use of the Online Store for the following purposes: maintaining the Customer’s session so that they do not have to re-enter their Username and Password on every page of the Online Store, customizing and optimizing the Online Store to meet the Customers’ needs, creating statistics on the viewing of pages within the Online Store, and ensuring the security and reliability of the Online Store. The Customer can disable cookies in the web browser of their device. However, disabling cookies may result in difficulties or prevent the use of the Online Store.
To place an order in the Online Store and to use the services provided electronically through the Online Store, it is necessary for the Customer to have an active email account.

Force majeure situations, which will in no case be considered as risk on the part of Bio-health bvba, include, but are not limited to, illnesses, import, export, and/or transit bans, transportation problems, untimely or incorrect fulfillment of obligations by suppliers or carriers, and failures in the production process.

Bio-health bvba is not liable for damages caused by third parties, and the buyer will indemnify Bio-health bvba against any potential claims for compensation from third parties. Bio-health bvba will also not be liable for damages caused by external carriers engaged by Bio-health bvba, unless such damage results from intentional acts or gross negligence on the part of the external carrier.

Article 6 Registration :

To place an order in the Online Store, the Customer is required to complete a free Registration of the Customer Account.
To register, the Customer should complete the registration form provided by the Seller in the Online Store and then submit it electronically by selecting the appropriate option in the form. During registration, the Customer sets a unique Password.
During the completion of the registration form, the Customer has the opportunity to review the Regulation and accept its content by marking the appropriate checkbox in the form.
During registration, the Customer may voluntarily consent to the processing of their personal data for the purpose of receiving commercial information by checking the relevant box on the registration form. In such cases, the Seller will clearly inform the Customer about the purpose of collecting their personal data, as well as the known or anticipated recipients of such data.
The Customer’s consent to the processing of their personal data for the purpose of receiving commercial information does not condition the ability to enter into an agreement with the Seller for the provision of electronic services related to maintaining the Customer Account. Consent may be withdrawn at any time by submitting a relevant statement to the Seller. The statement may be sent to the Seller’s email address.
After submitting the completed registration form, the Customer will receive an electronic confirmation of registration from the Seller at the email address provided in the form. At this point, an agreement for the provision of electronic services for maintaining the Customer Account is concluded, and the Customer gains access to the Customer Account and the ability to make changes to the information provided during registration.

Sold and/or expired products will not be accepted for return or exchange.

Article 7 Orders:

The information contained in the Online Store does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation for Customers to submit offers to conclude a Sales Agreement. Umowy sprzedaży.
The Customer can place orders in the Online Store 7 days a week, 24 hours a day.
A Customer placing an order through the Online Store selects the Goods they are interested in. The addition of the Goods to the order occurs by selecting the “Add to cart” option under the chosen Goods presented in the Online Store. After completing the entire order and specifying the Delivery method and payment option in the “Cart,” the Customer places the order by sending the order form to the Seller, by selecting the “Checkout” button. Each time before submitting the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as all additional costs they must bear in connection with the Sales Agreement.
Placing an order constitutes the Customer’s offer to the Seller to conclude a Sales Agreement for the Goods included in the order.
After confirming the order with an obligation to pay, the Seller sends information to the email address provided by the Customer regarding the acceptance of the order for processing. The information about the acceptance of the order for processing constitutes the Seller’s declaration of acceptance of the offer mentioned in §4 section 4 above, and upon its receipt by the Customer, the Sales Agreement is concluded.

Article 8 Payments:

The prices in the Online Store displayed next to the given Goods are gross prices and do not include information regarding the Delivery costs and any other costs that the Customer will be required to bear in connection with the Sales Agreement, which the Customer will be informed about when selecting the Delivery method and placing the order.
The Customer may choose the following payment methods for the ordered Goods:
-cash on delivery upon receipt of the shipment
-by bank transfer to the Seller’s bank account (details can be found in the “Delivery and Payments” section on the website and are sent along with the pro forma invoice to the email address provided in the order)
-electronic payments and BLIK payments via authorized services, in accordance with the information provided within the Online Store – currently supported through Przelewy24.
-cash upon personal collection.
The Customer is informed by the Seller about the deadline by which they are required to make the payment for the order in the amount resulting from the concluded Sales Agreement.
In the event that the Customer fails to make the payment within the period referred to in §5 section 3 of the Terms and Conditions, the Seller will set an additional deadline for the Customer to make the payment and inform the Customer of this. The information regarding the additional payment deadline will also include a notice that if this period expires without payment, the Seller will withdraw from the Sales Agreement. If the second payment deadline passes without payment, the Seller will send the Customer a statement of withdrawal from the agreement based on Article 491 of the Civil Code.

Article 9 Delivery:

The Seller delivers within the territory of the Republic of Poland.
The Seller is obligated to deliver the Goods that are the subject of the Sales Agreement free from defects.
The Seller provides information on the Online Store’s website regarding the number of Business Days required to process the order and deliver the Goods to the Customer.
The Delivery and order processing time indicated in the Online Store is calculated in Business Days in accordance with §5 section 2 of the Terms and Conditions.
The Delivery and order processing time indicated in the Online Store is calculated in Business Days from the date of the conclusion of the Sales Agreement in the case where the Customer selects the ‘cash on delivery’ payment option.
The ordered Goods are delivered to the Customer via the Delivery Service to the address provided in the order form.
On the day the Goods are dispatched to the Customer, the Customer is informed about this via email.
The Customer is obliged to inspect the delivered shipment at the time and in the manner appropriate for shipments of this type. If any damage to the shipment is found, the Customer has the right to request the Delivery Service employee to draw up an appropriate report.
The Seller, according to the Customer’s preference, includes a receipt or a VAT invoice with the shipment.
In the event of the Customer’s absence at the address provided when placing the order as the Delivery address, the Delivery Service employee will leave a notice or attempt to contact the Customer by phone to arrange another delivery date. In the case of the ordered Goods being returned to the Online Store by the Delivery Service, the Seller will contact the Customer via email or phone to arrange a new delivery date and the cost of Delivery.
In the event of a refusal to accept a cash on delivery shipment, the Seller has the right to demand the collection of the ordered goods, payment for them, and reimbursement of the shipping and return shipping costs incurred, in accordance with Article 471 of the Civil Code.

Article 10 Warranty:

The Seller ensures the delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect.
If the delivered Goods have a defect, the Customer has the option to:

a) submit a statement regarding a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with one free from defects or removes the defect. The reduced price should be in the same proportion to the price from the agreement as the value of the defective Product is to the value of the Product without defects. The Customer cannot withdraw from the agreement if the defect of the Product is insignificant;

b) request the replacement of the Product with one free from defects or the removal of the defect. The Seller is obligated to replace the defective Product with one free from defects or remove the defect within a reasonable time without causing excessive inconvenience to the Customer, subject to the conditions and terms specified in the relevant provisions of the Civil Code.

c) The Customer may request the replacement of the Product with one free from defects instead of the removal of the defect proposed by the Seller, or request the removal of the defect instead of the replacement of the Product, unless bringing the Product into conformity with the contract in the manner chosen by the Consumer is impossible or would incur excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of the costs, the value of a defect-free Product, the type and significance of the identified defect, as well as the inconvenience to which the Consumer would be exposed by an alternative method of resolution, are taken into consideration.

The Seller may refuse to fulfill the Customer’s request if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or, compared to the alternative method of bringing the Goods into conformity with the Sales Agreement, would incur excessive costs. The costs of repair or replacement are borne by the Seller.
The Customer exercising their rights under the warranty is required to deliver the defective item to the Seller’s address. In the case of a Customer who is a Consumer, the delivery cost is covered by the Seller.
The Seller is liable under the warranty if the physical defect is discovered within two years from the date the Goods were delivered to the Customer. The claim for the removal of the defect or replacement of the Goods with defect-free ones expires after one year, but this period cannot end before the expiration of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement regarding a price reduction due to the defect of the Goods. If the Customer requested the replacement of the Goods with defect-free ones or the removal of the defect, the period for withdrawing from the Sales Agreement or submitting a statement regarding a price reduction begins upon the ineffective expiration of the deadline for the replacement of the Goods or removal of the defect.
The Seller does not use out-of-court dispute resolution as referred to in the Act of September 23, 2016, on out-of-court consumer dispute resolution.

Article 11 Complaints:

Any complaints related to the Goods or the execution of the Sales Agreement may be submitted by the Customer in any form. We recommend submitting them in writing to the Seller’s registered address indicated in § 1 section 12 of the Terms and Conditions.
The Seller will respond to the complaint submitted by the Customer within 30 days from the date of the complaint request.
The Customer may also submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint can be submitted electronically and sent to the Seller’s email address. In the complaint submission, the Customer should describe the issue that has occurred. The Seller will review the complaint promptly, but no later than within 30 days, and provide a response to the Customer.
The Customer may use the complaint form provided by the Seller.

Artykuł 12 Guarantee:

The Goods sold by the Seller may be covered by a warranty provided by the manufacturer or the distributor of the Goods.
In the case of Goods covered by a warranty, the warranty information is displayed on the Seller’s Online Store website.

Artykuł 13 Withdrawal from the sales contract:

A Consumer who has concluded a Sales Agreement in the Online Store may withdraw from it within 14 days without providing a reason and without incurring any costs, except for the return shipping costs. The right to withdraw from the Sales Agreement may be exercised by the Consumer by sending a withdrawal statement to the Seller’s email address or registered office address. The returned goods must be in an undamaged and unused condition. The Customer is also obligated to secure the return shipment so that the goods arrive in an undamaged condition.
The period for withdrawal from the Sales Agreement begins at the moment the Consumer takes possession of the Goods.
In the event of withdrawal from the Sales Agreement, it is considered null and void.
If the Consumer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer is no longer binding.
The Seller is obligated to promptly, no later than within 14 days from the day of receiving the Consumer’s statement of withdrawal from the Sales Agreement, refund all payments made by the Consumer, including the cost of Delivery of the Goods to the Consumer, based on the lowest delivery cost offered by the Seller. The Seller may withhold the refund of the payments received from the Consumer until the Goods are returned or the Consumer provides proof of return shipment, depending on which event occurs first.
If the Consumer exercising the right of withdrawal chose a delivery method other than the cheapest standard Delivery option offered by the Seller, the Seller is not obligated to refund the additional costs incurred by the Consumer.
The Consumer is obligated to return the Goods to the Seller promptly, but no later than within 14 days from the day they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller’s address before the end of this period.
All return shipping costs are covered by the Customer. The Seller does not accept cash on delivery (C.O.D.) packages.
If, due to its nature, the Goods cannot be returned by regular mail, the Seller will inform the Consumer about the return costs on the Online Store’s website.
The Consumer is liable for any reduction in the value of the Goods resulting from using them in a manner beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
The Seller will refund the payment using the same payment method that the Consumer used, unless the Consumer has expressly agreed to a different method of refund, which does not incur any additional costs for them.
The right to withdraw from the Sales Agreement does not apply to a Customer who is a Consumer in relation to agreements where the Goods are items delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery to the Customer.

Article 14 Free services offered in the online store:

The Seller provides Customers with free services electronically in the following areas:

a)Contact form.

b)Managing the Customer Account.

c)Newsletter.

d)Posting reviews and comments in the online store.

The services indicated in §11 section 1 are provided 7 days a week, 24 hours a day.
The Seller reserves the right to select and change the type, form, duration, and method of providing access to the selected services mentioned, and will inform Customers in a manner appropriate for amending the Terms and Conditions.
The Contact Form service consists of sending a message to the Seller via the form available on the Online Store’s website. Termination of the free Contact Form service is possible at any time and involves ceasing to send inquiries to the Seller.
The Customer Account Management service is available after Registration, as described in the Terms and Conditions, and provides the Customer with access to a panel in the Online Store, allowing modification of the data provided during Registration, as well as tracking order statuses and order history. A Customer who has completed Registration may request the Seller to delete their Customer Account. In the case of a request to delete the Customer Account, the Seller may delete it within 14 days of the request.
Any Customer can use the Newsletter service by adding their email address using the registration form provided by the Seller on the Online Store’s website. After submitting the completed registration form, the Customer will receive a confirmation from the Seller via email to the address provided in the form. At that moment, an agreement for the provision of the Newsletter service electronically is concluded. The Customer may also select the appropriate checkbox during Registration to subscribe to the Newsletter service. The Newsletter service involves the Seller sending information about new products or services to the Customer’s email address. The Newsletter is sent by the Seller to all Customers who have subscribed to it. The Newsletter sent to Customers contains information about the sender, the subject, and details on how to unsubscribe from the free Newsletter service. The Customer may unsubscribe from the Newsletter at any time by expressing their wish to do so in response to a Newsletter email or by activating the appropriate option in their Customer Account.
The review and comment posting service allows the Seller to enable Customers with a Customer Account to publish their own reviews of the Products offered by the Online Store. Termination of the review and comment posting service is possible at any time and involves the Customer ceasing to post content in the Online Store.
The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, violates the law or the provisions of the Terms and Conditions, or if blocking access to the Customer Account and free services is justified for security reasons. The blocking of access to the Customer Account and free services for the reasons mentioned above will last for the period necessary to resolve the issue that was the basis for blocking access to the Customer Account and free services.

Article 15 Customer’s Responsibility for Posted Content:

By posting content and sharing it on the Online Store’s website, the Customer voluntarily distributes the content. The posted content does not represent the views of the Seller. The Seller is not the provider of this content, but merely makes the appropriate IT resources available.
Klient oświadcza, że:

a)is entitled to use the economic copyright, industrial property rights, and/or related rights to works, industrial property items (e.g., trademarks), and/or related items that make up the content;

b)The posting and sharing of personal data, images, and information concerning third parties as part of the services was done legally, voluntarily, and with the consent of the individuals to whom they pertain;

c)agrees to allow other Customers and the Seller to view the published content and authorizes the Seller to use it free of charge in accordance with the provisions of these Terms and Conditions;

d)agrees to the creation of derivative works within the meaning of the Copyright and Related Rights Act.

The Customer of the Online Store is not entitled to:

a)posting third-party personal data and distributing third-party images while using the services without the required legal permission or consent from the third party;

b)posting content of an advertising and/or promotional nature while using the services.

It is prohibited for Customers to post content while using the services that could, in particular:

a)be posted in bad faith with the intent to violate the personal rights of third parties;

b)violate any third-party rights, including rights related to the protection of copyright and related rights, industrial property rights, trade secrets, or obligations related to confidentiality agreements;

c)be offensive or constitute a threat directed at others, or contain language that violates good manners;

d)be in conflict with the Seller’s interests;

e)otherwise violate the provisions of the Terms and Conditions, good manners, applicable laws, or social and customary norms.

In the event of receiving a notification in accordance with §13 of the Terms and Conditions, the Seller reserves the right to modify or remove content posted by Customers while using the services, particularly content that, based on reports from third parties or relevant authorities, is found to potentially violate these Terms and Conditions or applicable laws. The Seller does not conduct ongoing monitoring of content posted in the Online Store.

The Customer agrees to the free use of the content they have posted by the Seller within the Online Store.
By posting any Content within the Online Store, including but not limited to graphics, comments, reviews, or statements on their Account or elsewhere in the Online Store, the Customer hereby grants the Seller a non-exclusive, free license to use, record, modify, delete, supplement, publicly perform, publicly display, reproduce, and distribute (particularly on the Internet) this Content.

Article 16 Reporting a Threat or Violation of Rights in the Online Store:

If a Customer or another person or entity believes that the content published on the Online Store violates their rights, personal interests, good manners, feelings, beliefs, principles of fair competition, legally protected secrets, or confidentiality obligations, they may notify the Seller of a possible violation by sending information to the Seller’s email address or the Seller’s registered office address.

Article 17 Personal Data Protection:

The principles of Personal Data Protection are outlined in the Privacy Policy posted on the Online Store’s website.

Article 18 Termination of the Agreement – does not apply to Sales Agreements:

Both the Customer and the Seller may terminate the agreement for the provision of electronic services at any time and without providing reasons, subject to the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
The Customer, by completing Registration in the Online Store, may terminate the agreement for the provision of electronic services by sending the Seller an appropriate declaration of intent using any means of remote communication that allows the Seller to become acquainted with the Customer’s declaration of intent.
The Seller terminates the agreement for the provision of electronic services by sending the Customer an appropriate declaration of intent to the email address provided by the Customer during Registration in the Online Store.

Article 19 Final Provisions:

The Seller is liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and within the limits of the actual losses incurred by the Entrepreneur Customer.
The content of the Terms and Conditions can be recorded by printing, saving to a storage device, or downloading at any time from the Online Store’s website.
In the event of a dispute regarding the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Terms and Conditions is Polish law.
The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle out-of-court dispute resolution. These may include, for example, the Consumer Ombudsman or the Provincial Trade Inspection Inspectorate — the list is available on the website of the Office of Competition and Consumer Protection.

The Seller also informs that at the address http://ec.europa.eu/consumers/odr/ an online dispute resolution platform between consumers and businesses at the EU level is available.

The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for processing before the new Terms and Conditions come into effect will be fulfilled based on the Terms and Conditions that were in effect on the date the Customer placed the order. The new Terms and Conditions apply from the date of their publication on the Online Store’s website. If the Customer does not accept the new Terms and Conditions, they are obliged to notify the Seller, which will result in the termination of the agreement in accordance with the provisions of §15 of the Terms and Conditions.
Agreements with the Seller are concluded in Polish.
The Terms and Conditions of the Online Store come into effect on May 25, 2018.