1.1. The Online Store available at the Internet address www.benehygienic.com is operated by ALBIS MAZUR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kalisz (registered office address: ul. Stawiszyńska 10 lok. 2, 62-800 Kalisz and delivery address for the online store: ul. Chotów 24A, 63-460 Nowe Skalmierzyce); entered in the Krajowy Rejestr Sądowniczy under the KRS number 0000399035; the register court where the company’s records are kept: Poznań – Nowe Miasto I Wilda W Poznaniu, IX Economic Department; share capital in the amount of: PLN 5,000; NIP: 6182139326; REGON: 301944633, e-mail address: info@benehygienic.com and contact telephone number: (1) 627659593 (2) 627513976. These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.
1.2. The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, first of all, the principles concerning the Administrator’s processing of personal data in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.3. Definitions:
1.3.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.3.2. CONTACT FORM – Electronic Service, an interactive form available on the Online Store that allows direct contact with the Seller.
1.3.3. TELEPHONE CONTACT FORM – Electronic Service, an interactive form available on the Online Store that allows the Customer to make a request to the Seller for incoming telephone contact.
1.3.4. REGISTRATION FORM – a form available at the Online Store that allows creating an Account.
1.3.5. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.3.6. CUSTOMER – (1) person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which a law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.3.7. KODEKS CYWILNY – law “Kodeks cywilny” of April 23, 1964. (Dz.U. 1964 nr 16, poz. 93 ze zm.).
1.3.8. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Store are collected.
1.3.9. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Store.
1.3.10. PRODUCT – (1) a movable thing (including a movable thing with digital elements, i.e. containing digital content or digital service or connected to them in such a way that the absence of digital content or digital service would prevent its proper functioning), (2) digital content, (3) service (including digital and non-digital service) being the subject of a Sales Agreement between the Customer and the Seller.
1.3.11. REGULATIONS – these regulations of the Online Store.
1.3.12. INTERNET SHOP – the Service Provider’s online store available at the following Internet address: benehygienic.com.
1.3.13. SELLER – ALBIS MAZUR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kalisz (registered office address: ul. Stawiszyńska 10 lok. 2, 62-800 Kalisz and delivery address for the online store: ul. Chotów 24A, 63-460 Nowe Skalmierzyce); entered in the Krajowy Rejestr Sądowniczy under the KRS number 0000399035; the register court where the company’s records are kept: Poznań – Nowe Miasto I Wilda W Poznaniu, IX Economic Department; share capital in the amount of: PLN 5,000; NIP: 6182139326; REGON: 301944633, e-mail address: info@benehygienic.com and contact telephone number: (1) 627659593 (2) 627513976.
1.3.14. SALE AGREEMENT – an agreement for the sale of a Product (in the case of movables and movables with digital elements), (2) an agreement for the delivery of a Product (in the case of digital content or digital service), (3) an agreement for the provision or use of a Product (in the case of non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Store.
1.3.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Internet Shop and which is not a Product.
1.3.16. SERVICE PROVIDER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by the law – using or intending to use the Electronic Service.
1.3.17. CONSUMER RIGHTS ACT – Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
1.3.18. ORDER – the Customer’s statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
1.3.19. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1-102).
1.3.20 ILLEGAL CONTENT – information that, in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, does not comply with the law of the European Union or with the law of any Member State that complies with the law of the European Union, regardless of the specific subject matter or nature of such law.
2.1. The following Electronic Services are available on the Online Store: Account, Contact Form, Telephone Contact Form, Order Form and Newsletter.
2.1.1. Account – the use of an Account is possible after a total of two consecutive steps by the Customer – (1) completing the Registration Form, (2) clicking on the “Register” field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: e-mail address and password. In the Registration Form, it is also necessary to indicate the category into which the Service Recipient – as a future Customer – falls, which is: (i) individual, (ii) medical practice, (iii) physiotherapy practice, (iv) NZOZ, (v) hospital, (vi) laboratory, (vii) distributor. An account can also be created by checking the appropriate checkbox when placing an Order – the Order Form then acts as a Registration Form. At the time of placing an Order, an Account is established for the Customer.
2.1.1.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@benehygienic.com or in writing to the address: 24A Chotów Street, 63-460 Nowe Skalmierzyce.
2.1.2 Contact Form – the use of the Contact Form begins after the Customer performs a total of two consecutive steps – (1) navigating to the “Contact” tab and (2) clicking the “Submit” box on the Online Store page after completing the Contact Form. In the Contact Form, it is necessary for the Customer to provide the following details about the Customer: first and last name, e-mail address and entering the content of the inquiry.
2.1.2.1 The Contact Form Service is provided free of charge and has a one-time nature and is terminated upon submission of the inquiry.
2.1.3. Telephone Contact Form – the use of the Telephone Contact Form begins with clicking on the graphic sign representing a landline telephone handset on the Website. A request for telephone contact is made when the Customer performs a total of two consecutive steps – (1) after completing the Telephone Contact Form and (2) clicking on the “Contract a Call” box on the Web Store page after completing the Telephone Contact Form. In the Telephone Contact Form, it is necessary for the Customer to provide the following details about the Customer: telephone number.
2.1.3.1 The Electronic Service Telephone Contact Form is provided free of charge and is of a one-time nature and terminates when a request for telephone contact is made.
2.1.4. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed after the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “I order and pay” box on the Web Store page after completing the Order Form. – up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary to provide the following data: e-mail address, contact telephone number, name, surname, address (street and its number, postal code, city, province, country) and data on the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also possible to provide company name and VAT number
2.1.4.1 The Electronic Order Form Service is provided free of charge and is of a one-time nature and shall terminate at the time of placing an Order through it or at the time of earlier discontinuation of placing an Order through it by the Customer.
2.1.5. Newsletter – use of the Newsletter is made by (1) checking the appropriate checkbox when placing an Order – the moment the Order is placed the Customer is subscribed to the Newsletter, (2) checking the appropriate checkbox in the Account settings – the moment the Customer clicks the “Yes” box and clicks the “SAVE” box. – Service Recipient is subscribed to the Newsletter.
2.1.5.1 The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by (1) sending an appropriate request to the Service Provider, in particular via e-mail to: info@benehygienic.com or in writing to the address: 24A Chotów Street, 63-460 Nowe Skalmierzyce (2) checking the appropriate checkbox in the Account settings – as soon as the “No” box is clicked and the “SAVE” box is clicked. – The Customer is unsubscribed from the Newsletter.
2.2. Technical requirements necessary to work with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.
2.3. The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4. The mode of complaint procedure regarding Electronic Services is indicated in item. 6. of the Regulations.
3.1. 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 Store in accordance with point 2.1.4 of the Terms and Conditions. 2.1.4 of the Terms and Conditions.
3.2. The price of the Product shown on the website of the Online Store is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
3.3 The procedure for concluding a Sales Contract in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an Order in the Online Store in accordance with point 2.1.4. of the Terms and Conditions. 2.1.4 of the Terms and Conditions.
3.3.2 After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer a relevant e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4.1. The Seller shall make available to the Customer the following methods of payment for the Sales Agreement for deliveries made on the territory of the Republic of Poland:
4.1.1 Payment by cash, credit card and electronically via BLIK cash on delivery.
4.1.2 Payment in cash upon personal collection.
4.1.3 Payment by bank transfer to the Seller’s bank account.
4.1.4. Electronic and card payments (available payment methods: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro) are carried out by AutoPay.pl and Stripe – possible current payment methods are specified on the Online Store website in the information tab concerning payment methods and on the website https://www.autopay.pl/ and https://stripe.com/en-pl.
4.1.4.1 Settlement of electronic payment and payment card transactions is carried out according to the choice.
Handling of electronic payments and payment cards is carried out by:
Autopay.pl – the company AUTOPAY SPÓŁKA AKCYJNA with its registered office in Sopot (address: ul. Powstańców Warszawy 6, 81-718 Sopot), entered in the Krajowy Rejestr Przedsiębiorców under the number 0000320590, registration files kept by the District Court Gdańsk – North in Gdańsk VIII Economic Division of the National Court Register, share capital in the amount of PLN 2,205,500.00 fully paid up, NIP: 5851351185, REGON: 19178156100000.
4.1.4.1.2. Stripe.com – spółka Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irlandia).
4.2. Payment term:
4.2.1 If the Customer chooses payment by bank transfer, the Customer shall be obliged to make payment within 7 calendar days from the conclusion of the Sales Agreement.
4.2.2 If the Customer chooses electronic payment or payment by credit card, the Customer shall be obliged to make payment at the conclusion of the Sales Agreement when placing the order.
4.2.3. If the Customer chooses cash-on-delivery payment upon delivery of the shipment or payment in cash upon personal collection, the Customer shall be obliged to make payment upon delivery of the shipment.
5.1. Delivery of the Product is available in the territory of the Republic of Poland, member states of the European Union and the European Economic Area.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product in the territory of the Republic of Poland:
5.4.1 Courier delivery, cash on delivery.
5.4.2. InPost Parcel.
5.4.3 Pallet shipment.
5.4.4 Personal collection available at: Chotów 24A Street, 63-460 Nowe Skalmierzyce – on Business Days, from 08:00 to 17:00.
5.5. The Seller provides the Customer with the following methods of delivery within the territory of the Member States of the European Union and the European Economic Area:
5.5.1 Courier shipment.
5.5.2. Pallet shipment.
5.6. Deadline for delivery of the Product to the Customer on the territory of the Republic of Poland is up to 7 Business Days, unless a shorter term is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 7 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.6.1 If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.6.2 If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.
5.7. Deadline for delivery of the Product to the Customer in the territory of the European Union and the European Economic Area. is up to 14 Business Days, unless a shorter term is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest date given, which, however, cannot exceed 14 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.7.1 In case the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.7.2 In case the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.
5.8. The date when the Product is ready for collection by the Customer – if the Customer chooses to pick up the Product in person, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter deadline is specified in the description of the Product in question or in the course of placing the Order. In the case of Products with different readiness-to-collect dates, the readiness-to-collect date shall be the longest date specified, which, however, shall not exceed 2 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the deadline for readiness of the Product for collection by the Customer is calculated as follows:
5.8.1 In case the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.8.2 In case the Customer chooses the method of cash on delivery in person – from the date of conclusion of the Sales Agreement.
6.1. This Section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2 A complaint may be submitted, for example:
6.2.1. in writing to the address: 24A Chotów Street, 63-460 Nowe Skalmierzyce.
6.2.2. in electronic form via e-mail to the address: info@benehygienic.com.
6.2.3. in electronic form via the Internet Shop website: www.benehygienic.com/nowy-zwrot.
6.3. Sending or returning the Product within the scope of the complaint may be made to the address: 24A Chotów Street, 63-460 Nowe Skalmierzyce.
6.4 It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of the irregularity
or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact information of the complainant – this will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. If the complainant changes the contact information provided during the processing of the complaint, he is obliged to notify the Seller.
6.6. The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and expedite consideration of the complaint by the Seller.
6.7. The Seller will respond to the complaint immediately, but no later than within 14 calendar days of receipt.
6.8. The basis and scope of the Seller’s statutory liability are set forth in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller’s liability, as provided by law, for the Product’s compliance with the Sales Agreement is indicated below:
6.8.1 In the case of a complaint about a Product – a movable item – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller By 31. December 2022. are determined by the provisions of the Civil Code as in effect until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a consumer is excluded.
6.8.2.
In the case of a complaint about a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content – purchased by the consumer on the basis of the Sales Agreement concluded with the Seller as of 1. January 2023. are determined by the provisions of the Consumer Rights Act as in effect on January 1, 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in case of the Product’s non-compliance with the Sales Agreement.
6.8.3 In the case of a complaint about a Product – digital content or service or a movable thing that serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller on or before January 1, 2023, if the delivery of such a Product was to take place or took place after that date, the provisions of the Consumer Rights Act as in effect on January 1, 2023, in particular Articles 43h – 43q of the Consumer Rights Act, shall govern. These provisions determine, in particular, the basis and scope of the Seller’s liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9. In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be exercised when the Product is under warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions of liability under the warranty, including details of the entity responsible for the implementation of the warranty and the entity entitled to benefit from it, are available in the description of the warranty, e.g. in the warranty card or in another place concerning the granting of the warranty. The Seller indicates that in case of non-compliance of the Product with the contract, the Customer is entitled by law to legal remedies from the side and at the expense of the Seller, and that the warranty does not affect these legal remedies.
6.10. The provisions contained in sections 6.8.2. and 6.8.3. of the Regulations concerning the consumer shall also apply to the Customer who is a natural person concluding an agreement directly related to his/her business activity, when it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
7.1 Out-of-court dispute resolution methods include (1) allowing the parties’ positions to be brought closer together, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g., through arbitration (conciliation court). Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, the rules of access to these procedures, and a friendly search engine for entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Inspectorate; or (3) assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at fundacja@konsumenci.org and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge at the operator’s tariff).
7.4. A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection’s website address: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8.1. A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The statement of withdrawal from the contract may be submitted, for example:
in writing to the address: 24A Chotów Street, 63-460 Nowe Skalmierzyce;
in electronic form via e-mail to: info@benehygienic.com.
8.2. Return of the Product – movables (including movables with digital elements) within the framework of withdrawal from the contract may be made to the address: Chotów 24A Street, 63-460 Nowe Skalmierzyce.
8.3. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in paragraph. 12 of the Regulations. The consumer may use the sample form, but it is not mandatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by the consumer other than a carrier, and in the case of a contract which: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the case of withdrawal from a remote contract, the contract is considered not concluded.
8.6 Products – movable things, including movable things with digital elements:
8.6.1 The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.2 In the case of Products – movables (including movables with digital elements) – the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
8.6.3 The Consumer shall be liable for any diminution in the value of the Product – a movable item (including a movable item with digital elements) – resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.7 Products – digital content or digital services:
8.7.1 In the case of withdrawal from the contract for the provision of a Product – digital content or digital service – the Seller from the date of receipt of the consumer’s statement of withdrawal from the contract may not use content other than personal data provided or created by the consumer during the use of the Product – digital content or digital service – provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer’s activity during the use of the digital content or digital service provided by the Seller; (3) zostały połączone przez przedsiębiorcę z innymi danymi i nie mogą zostać z nich wydzielone lub mogą zostać wydzielone jedynie przy nakładzie niewspółmiernych wysiłków; (4) zostały wytworzone przez konsumenta wspólnie z innymi konsumentami, którzy nadal mogą z nich korzystać. Z wyjątkiem przypadków, o których mowa wyżej w pkt (1)–(3,) Sprzedawca na żądanie konsumenta udostępnia mu treści inne niż dane osobowe, które zostały dostarczone lub wytworzone przez konsumenta w trakcie korzystania z treści cyfrowych lub usługi cyfrowej dostarczonych przez Sprzedawcę. W przypadku odstąpienia od umowy Sprzedawca może uniemożliwić konsumentowi dalsze korzystanie z treści cyfrowych lub usługi cyfrowej, w szczególności przez uniemożliwienie konsumentowi dostępu do treści cyfrowych lub usługi cyfrowej lub zablokowanie konta użytkownika, co nie ma wpływu na uprawnienia konsumenta, o których mowa w zdaniu poprzednim. Konsument ma prawo odzyskać treści cyfrowe od Sprzedawcy nieodpłatnie, bez przeszkód ze strony Sprzedawcy, w rozsądnym terminie i powszechnie używanym formacie przeznaczonym do odczytu maszynowego.
8.7.2 In the case of withdrawal from the contract for the provision of a Product – digital content or digital service, the consumer shall be obliged to stop using this digital content or digital service and making it available to third parties.
8.8. Ewentualne koszty związane z odstąpieniem konsumenta od umowy, które konsument jest zobowiązany ponieść:
8.8.1 In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2 For Products – movable items (including movable items with digital elements) – the consumer shall bear the direct costs of returning the Product. In the case of products that cannot be sent back in the usual way by mail (bulky shipments), the consumer may incur higher costs for their return, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
8.8.3 In the case of a Product – service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
8.9. The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – non-refabricated, produced to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a Product – a movable thing (including a movable thing with digital elements) – subject to rapid deterioration or having a short shelf life; (5) in which the subject of performance is Products – movable things (including movable things with digital elements) – which are delivered in sealed packaging that cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products – movable things (including movable things with digital elements) – which after delivery, due to their nature, are inseparably combined with other movable things, including movable things with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products – movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the start of the performance that after the performance by the Seller he will lose the right to withdraw from the contract, and has accepted this, and the Seller has provided the consumer with the confirmation referred to in Article. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The consumer provisions contained in this Section 8. of the Terms and Conditions shall apply for contracts concluded from January 1, 2021 also to a Customer or a Client who is a natural person concluding a contract directly related to his/her business activity, when it is clear from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.1. This Section 9 of the Terms and Conditions and all the provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller’s liability under the warranty for the Product or the Product’s non-conformity with the Sales Agreement is excluded.
9.4. The Seller will respond to the complaint within 30 calendar days from the date of receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.
9.7. The Service Provider’s/Seller’s liability to the Client/Customer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in the aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10.1. This section of the Regulations contains provisions under the Digital Services Act as it relates to the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require specific data (e.g. data for placing an Order). The Service Recipient may be able to add opinions or comments in the Online Store using tools provided by the Service Provider for this purpose. In any case of providing content by the Service Recipient is obliged to comply with the rules contained in the Regulations.
10.2 CONTACT POINT – The Service Provider designates the email address info@benehygienic.com as a single point of contact. The point of contact shall enable the Service Provider to communicate directly with the authorities of the Member States, the European Commission and the Digital Services Board, and at the same time shall enable the recipients of the service (including the Service Recipients) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purpose of applying the Digital Services Act. The Service Provider shall indicate the Polish language and the English language for communication with its point of contact.
10.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
10.3.1 To the email address info@benehygienic.com any person or any entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.
10.3.2 The notification shall be sufficiently precise and adequately justified. To this end, Service Provider shall allow and facilitate submissions to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for a report concerning information deemed to be related to one of the offences referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement confirming the reporting person’s or entity’s good faith belief that the information and allegations contained therein are correct and complete.
10.3.3 The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Article 6 of the Digital Services Act with respect to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.
10.3.4 If the notification contains electronic contact details of the person or entity that made the notification, the Service Provider shall without undue delay send such person or such entity an acknowledgement of receipt of the notification. The Service Provider shall also, without undue delay, notify such person or such entity of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision.
10.3.5 The Service Provider shall consider all notifications it receives under the mechanism referred to above and shall make decisions with respect to the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such processing or decision-making, it shall include information on this in the notification referred to in the preceding paragraph.
10.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, with regard to the information provided by the Service Recipients:
10.4.1 The Customer shall be bound by the following rules when providing any content on the Online Store:
10.4.1.1. the obligation to use the Online Store, including to post content (e.g., as part of opinions or comments), in accordance with its purpose, these Regulations and in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
10.4.1.2. obligation to provide content that is factually correct and not misleading;
10.4.1.3. the prohibition of providing unlawful content, including the prohibition of providing Illegal Content;
10.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
10.4.1.5. the prohibition of providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
10.4.1.6. the obligation to have, if necessary, all required rights and permissions to provide such content on the pages of the Online Store, in particular copyright or required licenses, permissions and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
10.4.1.7. the obligation to use the Online Store in a manner that does not pose a security risk to the Service Provider’s data communications system, the Online Store or third parties.
10.4.2 The Service Provider reserves the right to moderate the content provided by Service Recipients to the Online Store website. Moderation shall be carried out in good faith and with due diligence and on the Service Provider’s own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions, or to prevent access to it or to take the necessary measures to comply with the requirements of European Union law and national law compatible with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms and Conditions.
10.4.3 The moderation process may be done manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content has been identified, the Service Provider shall make a decision as to whether to remove or disable access to the content or otherwise limit its visibility or take such other action as it deems necessary (e.g., contacting the Client to clarify objections and amend the content). The Service Provider shall clearly and easily understandably inform the Service Recipient who provided the content (if it has his contact information) of its decision, the reasons for its decision and the options available to appeal the decision.
10.4.4 In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular, taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
10.5. Any comments, complaints, complaints, appeals or objections regarding decisions or other actions or inaction taken by the Service Provider on the basis of an application received or a decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in Section 6. of the Regulations. The use of this procedure is free of charge and allows the submission of complaints electronically to the e-mail address provided. The use of the procedure for filing and processing complaints is without prejudice to the right of the person or entity in question to initiate proceedings before a court of law and does not affect his other rights.
10.6. The Service Provider shall consider any comments, complaints, complaints, appeals or objections to decisions or other actions or inaction taken by the Service Provider based on a notification received or decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to believe that its decision not to take action in response to the notification is unjustified or that the information complained of is not illegal and in violation of the Rules, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or modify its decision as to whether to remove or prevent access to the content or otherwise limit its visibility, or take such other action as it deems necessary.
10.7. Service Recipients, persons or entities who have reported Illegal Content to whom Service Provider’s decisions regarding Illegal Content or content that does not comply with the Terms and Conditions are directed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding these decisions, including with respect to complaints that have not been resolved through Service Provider’s internal complaint handling system.
11.1. Contracts concluded through the Online Store are concluded in the Polish language.
11.2. Amendment of the Regulations:
11.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, that is: changes in the law; changes in the methods or dates of payment or delivery, being subject to legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the need to counteract unforeseen and imminent threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
11.2.2. Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
11.2.3 In the case of contracts of a continuous nature (e.g., provision of Electronic Service – Account), the Customer has the right to terminate the contract with the Service Provider before the expiration of the notice period for the proposed changes. Such termination shall become effective within 15 days of receipt of the notification. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if he has been properly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receiving notification of the changes, the Service Recipient may accept the changes being made and thus waive the continuation of the notification period. In the case of the conclusion of a contract of a nature other than continuous contracts, the amendments to the Terms and Conditions will not in any way affect the rights acquired by the Service Recipient before the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
11.2.4 In the event that an amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
11.3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.
(APPENDIX NUMBER 2 OF THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the contract)
– Addressee:
ALBIS MAZUR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Chotów24A, 63-460 Nowe Skalmierzyce
benehygienic.com
info@benehygienic.com
– I/We(*) hereby inform(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/for the provision of the following service(*).
– Date of conclusion of the agreement(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as necessary.
Customer Service
Bene Hygienic
Contact
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