Regulations

Chapter 1. Common provisions

§ 1. General provisions

These Terms and Conditions set out the rules and conditions for using the Online Store www.probioday.eu, hereinafter referred to as the “Store”, as well as the rights, obligations and terms of liability of the Administrator and the Users of the Store.

Before starting to use the Store, every User should read these Terms and Conditions carefully. Starting to use the Store means acceptance of all provisions of the Terms and Conditions.

The Terms and Conditions are made available free of charge before the conclusion of the contract for the provision of services by electronic means, and also — at the User’s request — in a manner that allows the content of the Terms and Conditions to be obtained, reproduced and recorded by means of the IT system used by the User.

The Administrator provides services on the terms set out in these Terms and Conditions.

With regard to Sales Contracts concluded through the Store:

(a) the Seller is the Administrator,

(b) the Buyer is the User of the Store.

§ 2. Glossary

For the purposes of these Terms and Conditions, the following terms have the following meaning:

(a) Electronic Address — a designation of an IT system enabling communication by means of electronic communication, in particular electronic mail;

(b) Purchase Form — a form available in the Store, being a Means of Electronic Communication and enabling an Order to be placed;

(c) Commercial Information — any information intended directly or indirectly to promote goods, services or the image of an entrepreneur or a person practising a profession;

(d) Store — the ProbioDay.eu Online Store operated by the Administrator at the web address www.probioday.eu and owned by the Administrator, comprising websites, scripts, graphic elements and services provided by electronic means;

(e) Spam — all kinds of communications, messages and materials sent to other Users without the Administrator’s consent;

(f) IT System — a set of cooperating IT devices and software ensuring the processing and storage, as well as the sending and receiving of data via telecommunications networks by means of a terminal device appropriate for the given type of network;

(g) Provision of Services by Electronic Means — the performance of a service provided without the simultaneous presence of the parties, at a distance, through the transmission of data at the individual request of the service recipient, sent and received by means of devices for the electronic processing of data, which is entirely transmitted, received or conveyed via a telecommunications network;

(h) Means of Electronic Communication — technical solutions, including IT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between IT systems, in particular electronic mail;

(i) Goods — products offered for purchase in the Store;

(j) Sales Contract — a contract for the sale of Goods concluded as a result of placing an Order;

(j1) Consumer — a natural person concluding a contract with the Seller that is not directly related to their business or professional activity;

(j2) Entrepreneur — a natural person, a legal person or an organisational unit conducting business or professional activity, making a purchase in the Store in connection with that activity;

(j3) Individual entrepreneur — a natural person concluding a contract with the Seller directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person;

(j4) User Account — an individual User account in the Store, if such functionality is available, enabling the use of selected Store functions;

(k) User — a natural person who is at least 18 years old, has full legal capacity and uses the Store;

(l) Order — an instruction to purchase Goods placed by the User by Means of Electronic Communication.

§ 3. Basic and technical information

The Administrator of the Store is Sirion EU sp. z o.o. with its registered office at ul. Wolińska 4, 03-699 Warszawa, NIP: 5243028461.

The Store offers services provided by electronic means, consisting in particular in enabling the Store’s offer to be browsed, Orders to be placed and other functionalities available in the Store to be used.

The Store may be used via a computer, telephone, tablet or another device enabling Internet browsing and equipped with appropriate software, including a web browser.

The Store contains content of an informational and commercial nature.

§ 4. Use of the Store’s website

Use of the Store is voluntary and free of charge. Registration in the Store, if available, is voluntary. The condition for using the Store is acceptance of and compliance with the Terms and Conditions.

The Administrator may send Users Commercial Information and marketing content solely on the terms set out in the applicable law, in particular after obtaining the User’s required consent, if such consent is required.

The Administrator is entitled to periodically suspend the availability of the Store or a part of it for the purpose of development, updating, maintenance, removal of faults or improvement of the security of the Store’s operation.

§ 5. Liability

The Administrator is liable towards Users on the terms set out in the generally applicable provisions of law.

To the extent permitted by law, the Administrator is not liable for:

(a) damage caused by incorrect saving or reading of messages and websites, if it results from the User’s actions, the actions of third parties for whom the Administrator is not responsible, or from technical reasons beyond the Administrator’s control;

(b) the content of advertisements or materials originating from third parties, if they are clearly marked as content originating from such entities;

(c) Spam, viruses, Trojan horses and other threats related to the Internet environment, if they were not caused by the Administrator’s culpable action;

(d) interruptions in the functioning of the Store arising for reasons beyond the Administrator’s control, in particular for technical reasons such as maintenance, updating, replacement of equipment, failure of external systems, as well as for reasons caused by force majeure, in particular a strike, war, flood, fire or other extraordinary events;

(e) damage caused by the User’s use of the Store in a manner inconsistent with these Terms and Conditions, the generally applicable provisions of law or the purpose of the Store.

The provisions of this paragraph do not limit the rights of the Consumer and the Individual entrepreneur arising from the generally applicable provisions of law.

§ 6. Threats

The Administrator indicates that the use of services provided by electronic means may involve threats typical of the Internet environment, such as:

(a) Spam;

(b) viruses;

(c) Trojan horses;

(d) hacker attacks;

(e) attempts to obtain data by deception or other actions of third parties infringing the security of Internet use.

The Administrator takes measures aimed at limiting the risk of the threats indicated in section 1, in particular by applying appropriate technical and organisational measures, monitoring the security of the Store and counteracting the spread of Spam and malicious software.

§ 7. Procedure for concluding and terminating a contract for the provision of services by electronic means

A contract for the provision of services by electronic means is concluded at the moment the User starts using any service offered within the Store.

A contract for the provision of services by electronic means is concluded for an indefinite period.

The User may at any time, free of charge, terminate the contract for the provision of services by electronic means with immediate effect by ceasing to use the Store. If the User has a User Account, the contract is terminated at the moment the User Account is deleted by the User or a request for its deletion is submitted to the Administrator.

The procedure for placing and processing Orders, as well as for concluding a Sales Contract, is set out in Chapter 2 of these Terms and Conditions.

§ 8. Copyright

The Store is the property of the Administrator. All trademarks, service marks, names, text and graphic materials and IT solutions available in the Store are legally protected, in particular under the provisions of the Act of 4 February 1994 on copyright and related rights and other relevant provisions of law.

The Store and its individual elements may not be modified, copied, distributed or published for commercial purposes without the Administrator’s prior written consent, unless the generally applicable provisions of law provide otherwise.

The User is liable for using the Store in a manner infringing the provisions of law, the Administrator’s rights or the rights of third parties.

All company or trade marks and names used in the Store belong to their owners and have been used for information purposes only. Their use in the Store does not mean that the User is granted any licence or right to use them.

§ 9. Privacy

The controller of Users’ personal data is the Administrator.

The Administrator processes Users’ personal data in accordance with the applicable provisions of law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, hereinafter referred to as “GDPR”, and the Act of 10 May 2018 on the protection of personal data.

Users’ personal data are processed to the extent necessary to use the Store, to provide services by electronic means, to process Orders, to conclude and perform Sales Contracts, to handle payments, delivery, returns and complaints, to contact the User, to fulfil the legal obligations incumbent on the Administrator and to pursue other purposes indicated in the Privacy Policy.

The Administrator may process in particular the following personal data of Users:

(a) first name and surname;

(b) delivery address or correspondence address;

(c) telephone number;

(d) e-mail address;

(e) data concerning the Order;

(f) data concerning the payment;

(g) data contained in correspondence addressed to the Administrator;

(h) information contained in system logs, in particular for technical, security and statistical purposes.

The User has the rights set out in the GDPR and other relevant provisions of law, in particular the right of access to data, rectification of data, erasure of data, restriction of processing, data portability, the right to object to the processing of data and the right to withdraw consent, if the data are processed on the basis of consent.

The Store may use cookies and similar technologies. Detailed information on the rules for using cookies can be found in the Privacy Policy available on the Store’s website.

Detailed rules for the processing of personal data, including the information required under Article 13 of the GDPR, can be found in the Privacy Policy available at: https://probioday.eu/privacy-policy.

Chapter 2. Placing and processing of Orders

§ 10. Procedure for concluding a Sales Contract

A Sales Contract for Goods may be concluded through:

(a) the Purchase Form available in the Store;

(b) other Means of Electronic Communication, if the Seller allows such a possibility.

The placing of an Order by the Buyer constitutes an offer to conclude a Sales Contract for the Goods covered by the Order.

The Sales Contract is concluded at the moment the Seller confirms acceptance of the Order for processing, sent to the Buyer to the e-mail address provided when placing the Order.

If an Order is placed via the Seller’s Electronic Address or other Means of Electronic Communication, the Sales Contract is concluded at the moment the Seller confirms its conclusion in a reply message.

The Seller reserves the right to refuse to accept an Order for processing in the event of unavailability of the ordered Goods, an incorrectly stated price resulting from an obvious mistake or a technical error, the impossibility of processing the payment or other objectively justified reasons preventing the Order from being processed. The Buyer will be informed of this without delay and, if payment has been made, will receive a refund of the funds paid.

§ 11. Quality of the Goods

The Seller undertakes to deliver Goods that are in conformity with the Sales Contract and free from defects.

The photographs of the Goods placed in the Store are illustrative and may differ slightly from the actual appearance of the Goods, in particular due to the individual settings of the Buyer’s device, such as screen brightness, contrast or colour reproduction. These differences do not affect the properties or intended use of the Goods.

Information about the Goods presented in the Store, in particular descriptions, composition, method of use, capacity or other properties of the Goods, is provided on the page of the given product.

§ 12. Price of the Goods

All prices of the Goods are given in Polish zloty (PLN) and are gross prices, i.e. they include VAT, unless expressly indicated otherwise for a given offer.

The prices of the Goods do not include delivery costs, unless expressly indicated otherwise for a given offer, promotion or delivery method. The delivery cost and the total amount payable are indicated to the Buyer each time before the Order is placed.

The price stated for the Goods is binding at the moment the Order is placed by the Buyer, subject to obvious mistakes or technical errors, of which the Buyer will be informed without delay.

The Seller reserves the right to change the prices of the Goods available in the Store’s offer, to introduce new Goods to the Store’s offer, to conduct and cancel promotional campaigns and to make changes to promotional campaigns. These changes do not apply to Orders placed before their introduction.

The Seller accepts the payment methods indicated each time in the Store when placing an Order, in particular:

(a) electronic payment via a payment operator;

(b) traditional transfer to the Seller’s bank account;

(c) BLIK payment, if available when placing the Order;

(d) deferred payment via a payment operator, if available when placing the Order;

(e) cash on delivery — only for selected delivery methods within the territory of Poland, if this option is available when placing the Order.

The available payment methods may differ depending on the selected delivery method, the value of the Order, the type of Goods or the payment operator’s settings. The Buyer is informed each time about the available payment methods before the Order is placed.

§ 13. Placing an Order

An Order may be placed through:

(a) the Purchase Form available in the Store;

(b) other Means of Electronic Communication, if the Seller allows such a possibility.

The moment of placing an Order is the sending of the Purchase Form or of a message by Means of Electronic Communication.

Before placing an Order, the Buyer receives information about the selected Goods, their total price, the available payment methods, the available delivery methods, the delivery costs and the total amount payable.

After placing an Order, the Buyer is obliged to pay the price of the Goods and the delivery costs indicated in the Order summary, unless the selected payment method provides for payment on delivery.

In the case of payment by transfer, the details of the Seller’s bank account are provided to the Buyer when placing the Order or in the Order confirmation.

Failure to make payment within 5 business days of placing the Order may result in the Order being cancelled by the Seller. Before cancelling the Order, the Seller may contact the Buyer in order to confirm whether the Buyer still wishes to have the Order processed.

Orders placed on Saturdays, Sundays and public holidays are accepted for processing on the next business day.

§ 14. Processing of the Order

An Order is accepted for processing by the Seller after confirmation of acceptance of the Order for processing and after the payment has been credited, unless the Buyer has chosen payment on delivery or another payment method provides for a different moment at which processing of the Order begins.

In the case of payment by traditional transfer, the Seller may begin processing the Order before the funds are credited, if the Buyer sends confirmation of the transfer to the Seller’s Electronic Address. The decision to begin processing the Order on the basis of a transfer confirmation rests with the Seller.

The Goods are shipped within 3 business days of the date on which processing of the Order begins, unless a different processing time is indicated for the given Goods or delivery method.

The Goods are shipped exclusively to addresses located within the territory of the Republic of Poland, via the delivery methods available in the Store when the Order is placed.

The list of available delivery methods, expected times and delivery costs is presented to the Buyer each time before the Order is placed.

The Seller does not carry out deliveries outside the territory of the Republic of Poland.

The delivery times given in the Store are indicative, unless expressly indicated otherwise for a given delivery method.

In the case of a Consumer and an Individual entrepreneur, the risk of accidental loss of or damage to the Goods passes to the Buyer only at the moment the Goods are delivered to the Buyer or to a third party indicated by the Buyer other than the carrier.

In the case of an Entrepreneur other than an Individual entrepreneur, the benefits and burdens related to the Goods and the risk of accidental loss of or damage to the Goods pass to the Buyer at the moment the Goods are handed over to the carrier, unless the parties have agreed otherwise.

If the parcel is not collected by the Buyer and is returned to the Seller, the Seller may contact the Buyer in order to arrange re-shipment or a refund. If the failure to collect the parcel occurred for reasons attributable to the Buyer, the Seller may deduct from the amount refunded to the Buyer the justified and actually incurred costs of delivery to the Buyer and the costs of returning the parcel to the Seller, unless the generally applicable provisions of law provide otherwise.

Re-shipment of the Goods may take place after its terms have been agreed with the Buyer and after the Buyer has paid the costs of the repeated delivery, if the obligation to bear them results from the circumstances of the case and from the provisions of law.

§ 15. Withdrawal from the contract

A Consumer who has concluded a Sales Contract at a distance may withdraw from the contract within 14 days without giving a reason.

In the event of withdrawal from a Sales Contract concluded at a distance, the contract is deemed not to have been concluded.

The right to withdraw from the contract on the terms set out in this paragraph is also available to an Individual entrepreneur. Where this paragraph refers to a Consumer, this is also understood to mean an Individual entrepreneur.

The Consumer may withdraw from the contract by submitting to the Seller an unequivocal statement of withdrawal from the contract. The statement may be sent in particular to the e-mail address: [email protected].

The Consumer may use the return form available in the Store, if such a form has been made available, however the use of the form is not obligatory.

To meet the withdrawal deadline it is sufficient to send the statement of withdrawal before the expiry of the period referred to in section 1.

The period for withdrawal from the contract begins:

(a) for a Sales Contract in performance of which the Seller delivers the Goods — from the day on which the Consumer or a third party indicated by the Consumer other than the carrier takes possession of the Goods;

(b) for a Sales Contract covering multiple Goods that are delivered separately, in batches or in parts — from the day on which the last item, batch or part is taken into possession;

(c) for a Sales Contract consisting in the regular delivery of Goods for a fixed period — from the day on which the first item is taken into possession.

The Consumer should send the Goods back without delay, no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal from the contract.

To meet the deadline referred to in section 8, it is sufficient to send the Goods back before its expiry.

The Goods should be sent back to the address indicated by the Seller in the “Returns and complaints” section available in the Store, or to another address indicated to the Consumer by the Seller in the correspondence concerning the return.

The Consumer bears the direct costs of returning the Goods to the Seller, unless the Seller has expressly agreed to bear them or the generally applicable provisions of law provide otherwise.

The Seller does not accept parcels sent cash on delivery.

The Seller shall, no later than within 14 days of receiving the statement of withdrawal from the Sales Contract, refund to the Consumer all payments received from the Consumer, including the costs of delivering the Goods to the Consumer, subject to section 14.

If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to refund to the Consumer the additional costs resulting from the choice of a more expensive delivery method.

The refund will be made using the same method of payment as used by the Consumer, unless the Consumer expressly agrees to another method of refund that does not involve any costs for the Consumer.

The Seller may withhold the refund until the Goods are received back or until the Consumer provides proof of sending them back, whichever occurs first.

The Consumer is liable for any diminished value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

The right to withdraw from a Sales Contract concluded at a distance is not available to the Consumer in the cases indicated in Article 38 of the Consumer Rights Act, in particular in relation to contracts:

(a) the subject of which is non-prefabricated Goods, manufactured to the Consumer’s specification or serving to satisfy the Consumer’s individualised needs;

(b) the subject of which is Goods that are liable to deteriorate rapidly or have a short shelf life;

(c) the subject of which is Goods delivered in a sealed package which, once the package has been opened, cannot be returned for health protection or hygiene reasons, if the package was opened after delivery;

(d) the subject of which is Goods which, after delivery, by their nature become inseparably combined with other items;

(e) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract;

(f) concluded by public auction.

The provisions of this paragraph do not limit the rights of the Consumer and the Individual entrepreneur arising from the generally applicable provisions of law.

§ 16. Complaints

The Seller is obliged to deliver to the Buyer Goods that are in conformity with the Sales Contract.

A complaint concerning the Goods may be submitted:

(a) via the electronic complaint form, if such a form has been made available in the Store;

(b) in writing to the address of the Seller’s registered office;

(c) by e-mail to the address: [email protected].

In the complaint notification the Buyer should provide:

(a) first name and surname;

(b) the Order number or other proof of purchase of the Goods in the Store;

(c) a description of the defect noticed or of the lack of conformity of the Goods with the Sales Contract;

(d) the request related to the complaint submitted;

(e) contact details enabling a reply to the complaint to be provided.

If possible, the Buyer should enclose with the complaint photographic documentation or other materials allowing the reported problem to be assessed.

The Seller may ask the Buyer to send an additional description of the problem, photographic documentation or to make the Goods subject to the complaint available, if this is necessary in order to consider the complaint.

The Seller will reply to a complaint of a Consumer or an Individual entrepreneur within 14 days of receiving it. If the Seller does not reply within this period, the complaint is deemed to have been resolved in accordance with the Buyer’s request.

The reply to the complaint will be provided to the Buyer in writing, by electronic means or on another durable medium.

In the case of a complaint submitted by a Consumer or an Individual entrepreneur, the Seller is liable for the lack of conformity of the Goods with the Sales Contract on the terms set out in the Consumer Rights Act.

The Seller is liable for the lack of conformity of the Goods with the Sales Contract existing at the time of delivery of the Goods and revealed within two years from that moment, unless the shelf life of the Goods is longer.

If the complaint of a Consumer or an Individual entrepreneur is found to be justified, the Seller bears the justified costs related to bringing the Goods into conformity with the Sales Contract, in particular the costs of replacement, repair or re-shipment of the Goods, in accordance with the applicable provisions of law.

The Consumer or the Individual entrepreneur makes the Goods subject to repair or replacement available to the Seller. The Seller may collect the Goods from the Consumer or the Individual entrepreneur at the Seller’s own expense.

In the case of a Buyer who is an Entrepreneur other than an Individual entrepreneur, the Seller’s liability under the warranty for defects of the Goods is excluded to the extent permitted by law.

The complaint does not cover defects, damage or lack of conformity of the Goods resulting from improper use of the Goods, storage of the Goods contrary to the recommendations, mechanical damage arising after the Goods were delivered to the Buyer, or other circumstances for which the Seller is not liable.

The Consumer has the possibility of using out-of-court methods of handling complaints and pursuing claims. Information on out-of-court methods of resolving consumer disputes is available, among others, on the website of the Office of Competition and Consumer Protection.

Chapter 3. Final provisions

§ 17. Reference

In matters not regulated by these Terms and Conditions, the provisions of Polish law apply, in particular the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means, the Act on the protection of personal data and the provisions of the GDPR.

Contracts concluded through the Store are governed by Polish law.

The provisions of the Terms and Conditions do not exclude or limit the rights of the Consumer and the Individual entrepreneur arising from the generally applicable provisions of law.

§ 18. Amendment of the Terms and Conditions

The Administrator may amend the Terms and Conditions in particular in the event of a change in the provisions of law, a change in the way the Store operates, a change in the functionality of the Store, a change in the services offered, a change in payment or delivery methods, a change in the Administrator’s details or the need to clarify the provisions of the Terms and Conditions.

Amendments to the Terms and Conditions come into force on the day they are published on the website www.probioday.eu, unless a later date of entry into force is indicated in the content of the amendment.

Amendments to the Terms and Conditions do not affect Orders placed before the date on which the amendments come into force. The Terms and Conditions in force at the time the Order was placed apply to such Orders.

The Administrator will notify Users of any amendment to the Terms and Conditions by publishing the relevant information in the Store. If the amendment concerns Users who have a User Account, the Administrator may also inform them by electronic means.

§ 19. Termination and change of the Store’s activity

The Administrator reserves the right to change the functionality of the Store, modify the services provided by electronic means, change the way the Store operates, temporarily suspend the operation of the Store or discontinue running the Store, to the extent permitted by law.

The changes referred to in section 1 do not affect Orders placed before their introduction. The provisions of the Terms and Conditions in force at the time the Order was placed apply to such Orders.

Users’ personal data are processed and deleted in accordance with the rules set out in the Privacy Policy and the generally applicable provisions of law.

§ 20. Entry into force

The Terms and Conditions come into force on the day of their publication in the Store.