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Terms and conditions of the online store 

Terms and conditions of the online store 

I. General provisions

1. These Terms and Conditions set out the general terms and conditions, the manner of providing Services electronically and sales conducted via the Online Store www.trichospa.pl. The Store is operated by Biomedika sp. z o.o., entered in the register under number 000000260337, authority designation: w-02; at the address Księcia Witolda 15/10, 50-202 in Wrocław, NIP 8982267587, REGON 389450049, hereinafter referred to as the Seller.

2. Contact with the Seller is possible via:

e-mail address: biomedika.trichospa@gmail.com

telephone number: +48 609 385 040 or +48 609 409 140

contact form available on the Online Store website

These Terms and Conditions are continuously available on the website www.trichospa.pl, in a manner that allows them to be obtained, reproduced, and recorded by printing or saving them on a medium at any time.

The Seller informs that the use of Services provided electronically may involve a risk for every Internet user, consisting in the possibility of introducing malicious software into the Customer’s ICT system and obtaining and modifying their data by unauthorized persons. In order to avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus software and a firewall.

The Seller has designated a single point of contact for communication with Customers, the authorities of European Union Member States, the European Commission, and the Digital Services Board referred to in the DSA Regulation. Communication at this point of contact takes place at the email address indicated in section 2 above, in Polish and English.

II. Definitions

The terms used in these Terms and Conditions shall have the following meanings:

1. Business days – days from Monday to Friday, excluding public holidays;

2. Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;

3. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);

4. Account – a part of the Online Store assigned to a given Customer, through which the Customer may perform specific activities within the Online Store;

5. Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;

6. Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;

7. Terms and Conditions – this document;

8. DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on the Digital Services Act and amending Directive 2000/31/EC (Digital Services Act);

9. Goods – products presented in the Online Store, the description of which is available for each of the products presented;

10. Sales Agreement – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

11. Services – services provided by the Seller to Customers by electronic means within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

12. Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827);

13. Act on the provision of electronic services – Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

14. Order – a declaration of will by the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

III. Terms of Use of the Online Store

1. Use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

  • a computer or mobile device with Internet access,
  • access to e-mail,
  • Microsoft Edge web browser version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x. or newer,
  • enabling Cookies and Javascript in the web browser.

2. Use of the Online Store means any action taken by the Customer that leads to them becoming familiar with the content of the Store.

3. The Customer is obliged in particular to:

  • not deliver or transmit content prohibited by law, e.g., content promoting violence, defamatory or violating personal rights and other rights of third parties,
  • using the Online Store in a manner that does not disrupt its functioning, in particular through the use of specific software or devices,
  • refraining from activities such as: sending or posting unsolicited commercial information (spam) within the Online Store,
  • using the Online Store in a manner that is not burdensome for other Customers and for the Seller,
  • using any content posted on the Online Store only for personal use,
  • using the Online Store in a manner consistent with the provisions of law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general principles of using the Internet.

IV. Services

1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.

2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form available on one of the pages of the Online Store. The agreement for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account or uses the “Delete Account” button.

3. The Customer has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). To do so, the Customer must provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke their consent to receive commercial information at any time. The contract for the provision of the Newsletter Service is concluded for an indefinite period and is terminated when the Customer sends a request to remove their email address from the Newsletter subscription or unsubscribes using the link provided in the message sent as part of the Newsletter Service.

4. The Customer may send messages to the Seller using the contact form. The agreement for the provision of the Service consisting in making available an interactive form enabling Customers to contact the Seller is concluded for a fixed period and is terminated upon sending a message by the Customer.

5. The Seller provides Customers with a blog integrated with the Online Store website, on which it presents content consisting of a collection of articles selected by the Seller, reflecting its subjective feelings and opinions.

6. The Customer may browse the information posted in the Store, including the content posted on the blog. The agreement for the provision of the Service consisting in viewing the information posted in the Store, including the content posted on the blog, is concluded for a fixed period and is terminated when the user closes the Store’s website or the subpage on which the blog is located.

7. The Seller has the right to organize occasional contests and promotions, the terms and conditions of which will be announced on the Store’s website each time. Promotions in the Online Store cannot be combined, unless the Terms and Conditions of a given promotion provide otherwise.

8. In the event of a breach of these Terms and Conditions by the Customer, the Seller may, after an unsuccessful request to cease or remedy the breach, setting an appropriate deadline, terminate the contract for the provision of Services with 14 days’ notice.

V. Procedure for concluding a Sales Agreement

1. Information about the Goods provided on the Store’s website, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude an Agreement within the meaning of Article 71 of the Civil Code.

2. All Goods available in the Online Store have been legally introduced to the Polish market and comply with the Agreement, with the exception of used Goods whose specific characteristics differ from the requirements of compliance with the Agreement. The Seller shall inform the Customer in the description of the Goods which characteristics of the Goods differ from the requirements of conformity with the Agreement and shall provide the Customer with technical means enabling the Customer to separately and expressly accept such characteristics.

3. If the Seller uses mechanisms for individual price adjustment based on automated decision-making, I shall provide this information to the Consumer each time when placing an Order, taking into account the requirements imposed in this respect by the provisions on personal data protection.

5. When placing an Order using the Order form available on the Online Store’s website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Contract for the sale of the Goods covered by the Order. An offer submitted in electronic form is binding on the Customer if the Seller sends a confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer, and upon receipt of this confirmation by the Customer, the Sales Agreement is concluded.

6. Orders in the Online Store via telephone are placed on Business Days and during the hours indicated on the Online Store’s website. To do so, the Customer should:

  • specify the name of the Goods from among the Goods available on the Store’s website and their quantity,
  • indicate the delivery method and form of payment from among the delivery and payment methods specified on the Store’s website,
  • provide the data necessary to complete the Order, in particular: first and last name, place of residence, and email address.

7. Information on the total value of the Order referred to in the above point shall be provided by the Seller verbally each time after completing the entire Order, together with the information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at which point the Sales Agreement is concluded.

8. In the case of a Customer who is a Consumer, the Seller shall send the Customer a confirmation of the terms and conditions of the Order each time after placing the Order by telephone.

9. The Agreement is concluded when the Customer who is a Consumer (in response to the confirmation of the terms of the Order sent by the Seller) sends an e-mail to the Seller’s e-mail address in which the Customer: accepts the content of the Order sent and agrees to its execution, accepts the content of the Terms and Conditions, and confirms that they have read the instructions on withdrawal from the Agreement.

10. The sales agreement is concluded in Polish or English, with content consistent with the Terms and Conditions.

VI. Delivery

1. Delivery of Goods is limited to the territory of the European Union and is made to the address indicated by the Customer when placing the Order.

2. The Customer may choose the following forms of delivery of the ordered Goods:

  • by courier;
  • personal collection at the Seller’s collection point.

3. On the Store’s website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.

4. The delivery and order fulfillment time is counted in Business Days in accordance with point VII, subpoint 2.

5. The Seller provides the Customer with a proof of purchase.

6. If different fulfillment periods are specified for the Goods covered by the Order, the longest of the specified periods shall apply to the entire Order.

VII. Prices and payment methods

1. The prices of Goods are given in Polish zlotys and include all components, including VAT, customs duties, and other fees.

2. The Customer may choose the following payment methods:

  • bank transfer to the Seller’s bank account (in this case, the Order will be processed after the Seller sends the Customer a confirmation of acceptance of the Order, and the shipment will be made immediately after the funds are credited to the Seller’s bank account and the Order is completed);
  • cash on collection – payment at the Seller’s collection point (in this case, the Order will be processed immediately after the Seller sends the Customer confirmation of acceptance of the Order, and the Goods will be issued at the Seller’s collection point);
  • cash on delivery, payment to the supplier upon delivery (in this case, the Order will be processed and shipped after the Seller sends the Customer confirmation of acceptance of the Order and completes the Order);
  • electronic payment (in this case, the Order will be processed after the Seller sends the Customer confirmation of acceptance of the Order and after the Seller receives information from the payment agent’s system that the Customer has made the payment, and the shipment will be made immediately after the Order is completed).

3. The Seller shall inform the Customer on the Store’s website about the deadline by which the Customer is obliged to make payment for the Order. If the Customer fails to make the payment within the time limit referred to in the previous sentence, the Seller may, after an unsuccessful request for payment with a specified deadline, withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

1. A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiry.

2. The Customer may formulate the statement themselves and send it by email to one of the company’s addresses

3. The 14-day period is counted from the date of delivery of the Goods or, in the case of a Contract for the provision of Services, from the date of its conclusion.

4. Upon receipt of the Consumer’s statement of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer’s e-mail address.

5. The Consumer’s right to withdraw from the Agreement is excluded in the following cases:

  • Contracts for the provision of services for which the Consumer is obliged to pay the price if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that once the service has been performed by the entrepreneur, they will lose the right to withdraw from the contract, and they have acknowledged this;
  • Contracts in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Contract;
  • Contracts in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs;
  • Contracts in which the subject of the service is Goods that spoil quickly or have a short shelf life;
  • Contracts in which the subject of the service is Goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery;
  • Contracts in which the subject of the service are products which, after delivery, due to their nature, are inseparably connected with other items;
  • Contracts where the subject of the service is alcoholic beverages, the price of which was agreed upon at the time of conclusion of the Sales Contract, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control;
  • Contracts in which the Consumer expressly requested that the Seller visit them in order to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to the additional services or Goods;
  • Contracts where the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
  • Contracts where the subject is the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
  • Contracts concluded through a public auction;
  • Contracts for the provision of services for which the Consumer is obliged to pay the price, in cases where the Consumer has expressly requested the Seller to come to him to perform repairs, and the service has already been fully performed with the express and prior consent of the Consumer.
  • Contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of service provision;
  • Contracts for the supply of digital content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who was informed before the commencement of performance that once the Seller has performed the service, they will lose the right to withdraw from the contract, and has acknowledged 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.

6. Other exceptions to the right to withdraw from the Agreement are specified in Article 38(2) of the Consumer Rights Act.

7. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded. What the parties have provided shall be returned unchanged, unless a change was necessary to determine the nature, characteristics, and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.

8. The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of refund, which shall not involve any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Goods are returned or the Customer provides proof of their return, whichever occurs first, unless the Seller has offered to collect the Goods from the Customer himself.

  • If the Consumer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.
  • The Customer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints regarding Goods

1. The Seller undertakes to deliver Goods in accordance with the Agreement, with the exception of used Goods whose specific characteristics differ from the requirements of compliance with the Agreement. The Seller shall inform the Customer of any specific characteristics that differ from the requirements of compliance with the Agreement.

2. The Seller shall be liable for non-compliance of the Goods with the Agreement on the terms specified in the Consumer Rights Act towards a Customer who is a Consumer and a Customer who is a natural person concluding an Agreement directly related to their business activity, when the content of this Agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. The warranty towards entrepreneurs is excluded.

3. Complaints resulting from the violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to Biomedika sp. z o.o., ul.księcia witolda 15/10, 50-202 Wrocław, Poland, to the e-mail address: biomedika. trichospa@gmail.com, telephone number +48 609 385 040 or +48 609 409 140.

4. In order for the complaint to be considered, the Customer should send or deliver the Goods subject to complaint, if possible, enclosing the proof of purchase. The Goods should be delivered or sent to the address indicated by Biomedika sp. z o.o. after prior agreement.

5. The Seller undertakes to consider each complaint within 14 days of its receipt.

6. In the event of deficiencies in the complaint, the Seller shall request the Customer to supplement it to the necessary extent immediately, but no later than within 14 days from the date of receipt of the request by the Customer.

X. Complaints regarding the provision of electronic services

1. The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: Biomedika sp. z o.o. ul.księcia witolda 15/10 50-202 Wrocław, to the e-mail address: biomedika. trichospa@gmail.com, telephone number +48 609 385 040 or +48 609 409 140.

2. In the complaint, the Customer should provide their name and surname, correspondence address, type and description of the problem.

3. The Seller undertakes to consider each complaint within 14 days of its receipt. In the event of deficiencies in the complaint, the Seller shall request the Customer to supplement it to the necessary extent within 14 days from the date of receipt of the request by the Customer.

XI. Warranties

1. Goods may be covered by the Seller’s warranty.

2. In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it was granted is presented each time in the description of the Goods on the Store’s website.

XII. Out-of-court methods of resolving complaints and pursuing claims

A Customer who is a Consumer has, among others, the following options for using extrajudicial means of dealing with complaints and pursuing claims:

  • is entitled to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
  • is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;
  • can obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
  • submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection

1. The Seller collects and processes personal data provided by Customers in accordance with applicable law and in accordance with the Privacy Policy available on the Store’s website.

XIV. Final provisions

1. All rights to the Online Store, including copyrights, intellectual property rights to its name, internet domain, Online Store website, as well as to forms and logos, belong to the Seller, and their use may only take place in a manner specified and consistent with the Terms and Conditions.

2. The provisions contained in these Terms and Conditions concerning the Consumer, regarding withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. The provisions on out-of-court methods of resolving complaints and pursuing claims shall not apply.

3. Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by the courts having jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.

4. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by the court competent for the Seller’s registered office.

5. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.

6. Each Customer shall be informed of any changes to these Terms and Conditions via information on the home page of the Online Store containing a summary of the changes and the date of their entry into force. Customers who have an Account will also be informed of the changes, together with a summary of them, at the e-mail address provided by them. The date of entry into force of the changes shall not be less than 14 days from the date of their announcement. If a Customer with a Customer Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact within 14 days from the date of notification of the change to the Terms and Conditions. Notification of the Seller of non-acceptance of the new content of the Terms and Conditions results in the termination of the Agreement.

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