Online Store Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

biossom.bio
(hereinafter referred to as the "Terms and Conditions")

This Terms and Conditions document defines the rules and conditions for using the Online Store by Customers, particularly regarding purchasing goods and the provision of electronic services by the Seller, including the Customer Account management.

I. Definitions

• Supplier – an entity cooperating with the Seller in the operation of the Online Store to deliver Goods.
• Proof of Purchase – a fiscal receipt, VAT invoice, or a simplified VAT invoice.
• Registration Form – a form available in the Online Store that allows the creation of a Customer Account.
• Order Form – a form available in the Online Store that allows the placement of an Order.
• Customer – an entity that, under these Terms and Conditions and applicable laws, can use electronic services or enter into a Sales Agreement with the Seller.
• Consumer – a natural person entering into a legal transaction with the Seller not directly related to their business activity.
• Prosumer – a natural person entering into a legal transaction with the Seller directly related to their business activity, provided that the contract does not have a professional nature based on the type of business activity registered in the Central Register and Information on Economic Activity (CEIDG).
• Entrepreneur – a natural person, legal person, or an organizational unit without legal personality but granted legal capacity by law, conducting business or professional activities on its own behalf and entering into legal transactions directly related to its business or professional activities.
• Customer Account – a personal account assigned to a Customer, identified by a unique login and password, enabling access to the full functionality of the Online Store. The Account stores Customer data used for identification purposes.
• Registration – a formal action performed according to the Terms and Conditions, necessary for the Customer to use a Customer Account.
• Online Store – the website available at biossom.bio, through which the Customer can place Orders, enter into Sales Agreements with the Seller, and access additional services.
• Seller – ECO MINDSET sp. z o.o., headquartered at Podbiałowa 11/8, 61-680 Poznań, entered into the Register of Entrepreneurs maintained by the District Court Poznań – Nowe Miasto i Wilda, VIII Economic Division of the National Court Register, under KRS number: 0000780319, NIP: 9721300010, REGON: 383015588, email: hi@biossom.bio, phone: +48 530 023 052.
• Goods – products available in the Online Store that can be the subject of a Sales Agreement between the Customer and the Seller. Goods are free from physical and legal defects, within the shelf-life period, and have been legally introduced into the Polish market.
• Sales Agreement – a distance contract concluded via the Online Store between the Customer and the Seller for the purchase of Goods.
• Services – all electronic services provided by the Seller to the Customer under these Terms and Conditions.
• Order – a declaration of intent by the Customer submitted via the Online Store, specifying:Type and quantity of Goods available in the Online Store at the time of Order placement, Payment method, Delivery method, Delivery address, Customer details.

II. General Information

1. All rights to the Online Store, including intellectual property rights, copyrights, rights to its name, domain, website, as well as designs, forms, logos, and images placed on the Online Store's website (except for certain logos and images used for product presentation, which belong to third parties), are owned by the Seller.

2. It is prohibited for Customers to provide illegal content. Customers are obliged to use the Online Store in compliance with:

   • Applicable laws,
   • These Terms and Conditions,
   • Commonly accepted customs and good practices,
   • In a manner that does not violate the personal rights of third parties or the interests of the Seller.

3. Customers must not use the Online Store's resources and functions to engage in activities that harm the Seller’s interests, including but not limited to:

   • Advertising competing businesses or products,
   • Posting content unrelated to the Seller’s activities,
   • Publishing false or misleading information.

4. Customers can contact the Seller regarding Orders, Sales Agreements, and Services provided under these Terms and Conditions via:

   • Email: hi@biossom.bio
   • Phone: +48 530 023 052 (during store hours, call charges apply according to the operator’s tariff).

5. The Seller provides the following free electronic services to Customers:

   • Customer Account management,
   • Contact form,
   • Newsletter subscription.

III. Technical Requirements for Using the Online Store

To use the Online Store, the following minimum technical requirements must be met:

• A computer or other multimedia device with internet access, equipped with functionality enabling the proper completion of electronic forms.
• A screen resolution of at least 1024x768 pixels.
• An installed and up-to-date web browser supported by the manufacturer, with JavaScript enabled.

To place an Order in the Online Store, whether through the website or via email, as well as to use the services available on the Online Store’s website, the Customer must have an active email account.

IV. Registration and Customer Account Management

1. As part of using the Online Store, the Customer may create and use a Customer Account free of charge. The account allows the Customer to:

   • Place Orders,
   • Track Order history,
   • Check the status of submitted Orders,
   • Save shipping addresses for future purchases.

2. To create a Customer Account on the Online Store’s website, the Customer must:

   • Click on the "Login" tab on the Online Store’s homepage and select "Don't have an account? Register here".
   • Fill out the Registration Form, providing:
     • Full name,
     • Email address,
     • Password.
   • Accept the Terms and Conditions.

3. During Registration, the Customer may voluntarily consent to receiving marketing communications (e.g., offers, discount vouchers, promotions) related to brands owned by the Seller, including "Biossom", by selecting the appropriate checkbox in the Registration Form. If the Customer gives such consent, the Seller will provide clear information regarding how their personal data will be processed for this purpose.

4. Providing consent for marketing communications is not required to register an account and use the Customer Account services.

5. The Customer may withdraw their marketing communication consent at any time by submitting a request to the Seller. This request can be sent via email to hi@biossom.bio.

6. The Customer also has the option to register using an external account from third-party services, such as social media platforms.

   • The Customer Account will be created through a redirect from the Online Store to the external service's authentication page, where the Customer must enter their login credentials.
   • After successful authentication, the Customer will be redirected back to the Online Store, where the Customer Account will be automatically created with a link to the external account.
   • The Seller does not store login credentials (username or password) from the external service.
   • The external service provides the Seller with the Customer’s personal data, including:
     • Full name,
     • Email address.

7. After submitting the completed Registration Form, the Customer will receive an email confirmation to the address provided during registration. Once confirmed, the Customer Account is activated, and the Customer can log in using their email address and password.

8. The Customer is responsible for keeping their account credentials confidential and must not share their password with any third party. The Customer bears full responsibility for any damages resulting from unauthorized access to their account. The Customer Account Agreement is concluded for an indefinite period.

9. If the Customer’s personal information, address, or any other details change while using the Online Store, the Customer is required to update their data accordingly. This is particularly important to ensure the proper fulfillment of Services and Sales Agreements. The Customer can update their account details by logging into their Customer Account.

V. Conditions for Concluding a Sales Agreement

1. The information provided in the Online Store does not constitute a binding offer by the Seller within the meaning of the Civil Code but is merely an invitation for Customers to submit offers to conclude a Sales Agreement.

2. The Seller sells Goods through the Online Store. The Store provides information about:

   • The properties of the Goods,
   • Their price,
   • The expiration date of perishable Goods.

3. The Customer can place an Order for Goods by:

   • Using a Customer Account, or
   • Submitting an Order Form without registering an account.

4. Orders can be placed via the Online Store 24 hours a day, 7 days a week.

5. To place an Order, the Customer must:

   • Select a product and choose the option to purchase it.

6. To complete the Order placement process, the Customer should:

   • Click on the "Your Cart" button, which redirects to the shopping cart page, where they can review:
     • The selected Goods,
     • The weight of each item,
     • The total price of the selected Goods.
   • The Customer can either:
     • Continue shopping by clicking "Continue Shopping", or
     • Proceed to checkout by clicking "Proceed to Checkout".

7. After clicking "Proceed to Checkout", the Customer must:

   • Correctly fill in the Order Form, providing:
     • Personal data,
     • Shipping address,
     • Preferred delivery method.
   • Optionally, the Customer can create a Customer Account by setting a password for future access.

8. A necessary condition for placing an Order is that the Customer reads and accepts these Terms and Conditions, confirmed by selecting the appropriate checkbox before completing the Order. Failure to accept the Terms and Conditions prevents the Customer from purchasing Goods in the Online Store.

9. The Customer may modify the Order up until they click the "Place Order" button. This includes changes to:

   • The selected Goods,
   • The delivery method,
   • The payment method,
   • The personal details entered in the Order Form.

10. Once the Order is placed, the Customer will receive an email confirmation sent to the email address provided in the Order Form or linked to their Customer Account. This email includes:

    • The total Order value,
    • A summary of the Order details.

11. The Sales Agreement is concluded when the Customer receives an email confirmation from the Seller stating that the Order has been accepted for processing.

12. If the Order cannot be fulfilled due to the unavailability of the Goods in the requested quantity, the Customer will be immediately notified via phone or email. In such cases, the Customer may:

    • Agree to an extended fulfillment time (up to 14 days),
    • Cancel the unavailable Goods or the entire Order,
    • Withdraw from the Sales Agreement, in which case the Seller will refund the amount paid by the Customer.

VI. Prices of Goods

1. All prices of Goods displayed in the Online Store are given in Polish zloty (PLN) and include VAT, meaning they are gross prices that incorporate the applicable Value Added Tax (VAT).

2. The price listed for each product is binding at the time the Customer places an Order.

3. The price of the Goods does not include delivery costs. The Customer will be informed about the shipping cost when selecting the delivery method in the Order Form, before the final placement of the Order and before clicking the "Place Order" button.

4. The total Order value, which includes:

   • The price of the selected Goods, and
   • The delivery costs,
     is always displayed in the Order Form before the Order is finalized. These are the total costs the Customer must pay to complete the purchase.

5. The Online Store issues VAT invoices (or simplified VAT invoices) or fiscal receipts, depending on the Customer's selection. The Customer must provide the necessary details in the Order Form for the correct issuance of the invoice or receipt.

IX. Complaints

[ For Entrepreneurs ]

1. The Seller is obligated to deliver Goods that are free from defects.

2. The Seller is liable for defects under statutory warranty if a physical defect is discovered within two years from the date of purchase.

3. In B2B sales, an Entrepreneur loses warranty rights if they:

   • Fail to inspect the Goods within the customary timeframe, or
   • Do not immediately notify the Seller upon discovering the defect.

4. Complaints can be submitted in any form, including via email at hi@biossom.bio.

5. If the Goods are defective, the Entrepreneur may:

   • Request a price reduction or withdraw from the Sales Agreement, unless the Seller promptly replaces or repairs the defective Goods without excessive inconvenience to the Entrepreneur.
   • Demand a replacement or repair, which must be performed within a reasonable time and without undue inconvenience to the Customer.

6. The Seller may refuse to comply with a warranty claim if:

   • The chosen remedy is impossible or would involve excessive costs compared to an alternative remedy.
   • The costs of replacement or repair exceed the price of the Goods.

7. The Seller covers the costs of repair or replacement.

8. The Seller commits to informing the Entrepreneur about the complaint resolution process within 30 days from the date of submission.

[ For Consumers ]

9. The Seller is responsible for any lack of conformity of the Goods with the Sales Agreement if it existed at the time of delivery and was revealed within two years of receiving the Goods.

10. Complaints can be submitted in any form, including via email at hi@biossom.bio.

11. A product is considered compliant with the Sales Agreement if it meets the following conditions:

• It corresponds to the description, type, quantity, quality, and functionality specified in the Agreement.
• It is suitable for the specific purpose indicated by the Consumer before purchase and accepted by the Seller.

12. Additionally, the Goods must:

• Be fit for the usual purposes for which such items are used.
• Meet legal and technical standards.
• Match the public claims and advertisements of the Seller, unless the Seller proves that:
  • They were unaware of the claim,
  • The claim was corrected before purchase, or
  • The claim did not influence the Consumer’s decision.
• Be delivered with packaging, accessories, and instructions, if applicable.
• Have the same quality as a sample or model provided before purchase.

13. The Seller is not liable for a lack of conformity if the Consumer was explicitly informed and accepted the deviation at the time of purchase.

14. If the Goods are non-compliant, the Consumer may request:

• Repair or replacement.

15. The Seller may:

• Replace the Goods instead of repairing them, or vice versa, if the Consumer’s preferred solution is impossible or excessively costly.
• Refuse both if both repair and replacement are impossible or disproportionately expensive.

16. The Seller must repair or replace the Goods within a reasonable time after being informed of the defect.

17. The Seller covers the costs of repair or replacement, including return shipping.

18. If the Goods remain defective, the Consumer may:

• Request a price reduction, or
• Withdraw from the Sales Agreement if:
  • The Seller refuses repair/replacement.
  • The Seller fails to correct the defect.
  • The defect is significant enough to justify an immediate withdrawal.
  • The Seller explicitly states they cannot provide a remedy within a reasonable time.

19. Price reductions must be proportional to the decrease in value caused by the defect. Refunds are processed within 14 days of receiving the Consumer’s request for a price reduction.

20. The Seller may reject a withdrawal request if they prove the defect is minor.

21. If the Consumer withdraws from the Sales Agreement, they must return the Goods at the Seller’s expense. The Seller will refund the price within 14 days of receiving the returned Goods or proof of return.

22. The Seller commits to informing the Consumer about the complaint resolution process within 14 days from the date of submission.

23. The Consumer has the right to out-of-court dispute resolution. The relevant authority for the Seller is:

• Provincial Trade Inspection Office in Poznań
• Address: Aleje Marcinkowskiego 3, 60-967 Poznań
• Website: https://poznan.wiih.gov.pl/

24. The provisions of points 8 to 21 also apply to Prosumer Customers.

X. Withdrawal from the Sales Agreement

1. A Customer who is a Consumer has the right to withdraw from the Sales Agreement without providing a reason within 14 (fourteen) days from the date they take possession of the Goods or when the Goods are received by a third party designated by the Consumer, other than the courier.

2. A Customer who is an Entrepreneur does not have the right to withdraw from the Sales Agreement.

3. To withdraw from the Sales Agreement, a Consumer must submit a clear statement of withdrawal to the Seller. This statement can be made using the withdrawal form (Annex No. 1 to these Terms & Conditions).

4. To meet the withdrawal deadline, it is sufficient to send the withdrawal statement before the 14-day period expires, via:

   • Email: hi@biossom.bio, or
   • Traditional mail: Eco Mindset sp. z o.o., Podbiałowa 11/8, 61-680 Poznań, Poland.

5. Once the Sales Agreement is withdrawn, it is considered null and void.

6. The Seller must refund all payments made by the Consumer without undue delay, no later than 14 (fourteen) days from the date of receiving the Consumer's withdrawal statement. The refund will be made using the same payment method used by the Consumer, unless they agree to an alternative method that does not incur additional costs.

7. The Seller may withhold the refund until the Goods are returned or the Consumer provides proof of return, whichever occurs first.

8. Upon withdrawal from the Sales Agreement, the Consumer must return the Goods immediately, but no later than 14 days from the date of informing the Seller about the withdrawal. The return deadline is considered met if the Goods are dispatched before the 14-day period expires.

9. In the event of withdrawal from the Sales Agreement, the Consumer is only responsible for the direct costs of returning the Goods.

10. The right of withdrawal does not apply to Sales Agreements that involve:

• Perishable Goods or Goods with a short expiration date.
• Sealed Goods, which, after opening, cannot be returned due to health protection or hygiene reasons (if the seal has been broken after delivery).
• Goods that, after delivery, become inseparably mixed with other items due to their nature.

11. The provisions of Section X also apply to Prosumer Customers.

XI. Termination of the Agreement (Does Not Apply to Sales Agreements)

1. Both the Customer and the Seller may terminate the agreement for electronic services at any time without providing a reason.

2. A Customer who has registered an account may terminate the agreement for electronic services by sending a statement of intent to the Service Provider using any remote communication method that allows the Service Provider to read the statement. The termination takes effect after a 14-day notice period.

3. The Seller, when intending to terminate the agreement for electronic services, will inform the Customer via email (sent to the email address registered with their account) at least 14 days before the planned account deletion date.

4. The Seller has the right to terminate the agreement immediately if the Customer violates the Terms & Conditions and fails to stop the violation within one business day after being notified.

XII. Amendments to the Terms & Conditions

1. The Seller reserves the right to modify these Terms & Conditions, including:

   • Adapting to changes in legal regulations,
   • Updating the functionalities offered in the Online Store,
   • Introducing new services,
   • Enhancing customer protection,
   • Clarifying any uncertainties.

2. Any modification of the Terms & Conditions cannot result in the loss of rights acquired by the Customer, as long as those rights were legally obtained.

3. Orders placed before the amendment date will be processed under the Terms & Conditions in effect at the time of order placement, unless the new version is more favorable to the Customer.

4. The Seller will notify Customers of any changes by sending email notifications to the addresses provided during registration, at least 14 days before the changes take effect. Additionally, an announcement will be posted on the Store's website at least 14 days in advance.

5. If a Customer does not accept the revised Terms & Conditions, they must notify the Seller within 14 days of receiving the notification. Failure to submit an objection within this period will be interpreted as acceptance of the new Terms & Conditions.

6. Changes in the appearance and functionality of the Online Store—such as graphic design updates, additional functionalities, or new images—do not constitute a change to these Terms & Conditions, provided they do not contradict the provisions stated herein.

XIII. Final Provisions

1. The Seller is responsible for the non-performance or improper performance of the agreement. However, in agreements concluded with Customers who are Entrepreneurs, the Seller's liability is limited only to cases of intentional damage and only within the scope of actual losses incurred by the Entrepreneur.

2. The content of these Terms & Conditions may be printed, saved on a storage device, or downloaded at any time from the Online Store’s website.

3. In the event of a dispute arising from a Sales Agreement or an Electronic Services Agreement, the parties will strive to resolve the matter amicably. The governing law for resolving any disputes arising from these Terms & Conditions is Polish law.

4. A Customer who is a Consumer has the right to use out-of-court dispute resolution methods for complaints and claims. The rules for accessing such procedures are available at consumer rights protection offices or on the websites of institutions authorized for alternative dispute resolution. These may include, in particular, consumer rights ombudsmen or Provincial Trade Inspection Offices, a list of which is available at:
   https://www.uokik.gov.pl/spory_konsumenckie.php.

5. All agreements related to the use of the Online Store are concluded in the Polish language.

6. These Terms & Conditions come into effect on January 1, 2023.