Terms and Conditions

Terms and Conditions - BIOSHI S.A.

Terms and Conditions

§ 1. Definitions

Terms and Conditions – these Terms and Conditions, specifying the rules for concluding distance contracts via the Online Store, the rules for performing these contracts, the rights and obligations of the parties to the Distance Selling Contract, and the rules of the complaint procedure. In terms of services provided electronically, the Terms and Conditions are the rules referred to in Article 8 of the Polish Act of 18 July 2002 on providing services by electronic means (consolidated text: Polish Journal of Laws of 2020, item 344).
Customer – a natural person with full legal capacity, a legal person, or an organisational unit without legal personality to which the law grants legal capacity, which concludes a Distance Selling Contract with the Seller.
Consumer – a natural person conducting a legal transaction with a trader, which is not directly related to their business or professional activity.
Individual Trader – a natural person concluding a Distance Selling Contract directly related to their business activity, where the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of their business activity, as made available pursuant to the provisions on the Polish Central Registration and Information on Business (CEIDG). (Note: This legal status arises from the Polish Consumer Rights Act and represents a special category of Polish law.)
Trader – a natural person, a legal person, or an organisational unit without legal personality to which the law grants legal capacity, which conducts business or professional activity in its own name.
Buyer – a Customer who concludes a Distance Selling Contract with the Seller. Where these Terms and Conditions refer to the "Buyer", this includes both Consumers and Traders unless expressly stated otherwise.
Seller:
BIOSHI S.A.
Website: https://ebio24.fr
E-Mail: contact@ebio24.fr
Polish Tax ID (NIP): PL6762649713
Polish National Business Registry Number (REGON): 526170605
Registered office address of the Seller: Jasnogórska 1, 31-358 Kraków
Online Store – the website operated by the Seller, available at the URL: https://ebio24.fr, through which the Customer may obtain information about the Goods and their availability, and purchase Goods or order the provision of a service.
Distance Selling Contract – a contract for the sale of Goods / a contract for the supply of a Digital Service or Digital Content (if applicable), concluded via the Online Store.
Goods – a movable item that the Customer may purchase in the Online Store.
Digital Service – a service which enables the Consumer to:
11.1. produce, process, store or access data in digital form;

11.2. share data in digital form that has been uploaded or created by the Consumer or other users of that service;

11.3. engage in other forms of interaction via data.
Digital Content – data produced and supplied in digital form.
Privacy and Cookie Policy of the Online Store – a document setting out the detailed rules for processing personal data and the use of cookies. The Privacy and Cookie Policy is available at: https://ebio24.fr/en/privacy-and-cookie-notice.
Durable Medium – any instrument which enables the Customer or the Seller to store information addressed personally to them, in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored, in particular electronic mail.
Electronic Order Form – the electronic order placement procedure provided by the Seller to the Buyer.
Electronic Return Form – the electronic return procedure provided by the Seller to the Buyer; available at: https://ebio24.fr/fr/returns-open.html.
Electronic Complaint Form – the electronic complaint submission procedure provided by the Seller to the Buyer; available at: https://ebio24.fr/fr/rma-open.html.
Order Submission – confirmation of the order by the Customer clicking the "Order and pay" button, treated as the Customer's binding declaration of intent to conclude a Distance Selling Contract with the Seller.
Account – a collection of data stored in the Online Store and in the Seller's IT system concerning a particular Customer and their placed orders and concluded Distance Selling Contracts, through which the Customer may place orders, and in due course cancel or edit them and conclude Distance Selling Contracts.
Review of the order processing or review of individual Goods – subjective statements and ratings awarded in the form of 1 to 5 stars.
Subscription – an electronic service allowing the automatic creation of Subscription Orders for specific Goods, according to the frequency chosen by the Customer, without the need to place separate orders until the Subscription is terminated.
Subscription Order – an order created automatically as part of a Subscription (constituting a template for subsequent orders).
Card – the payment card registered by the Customer with the Operator and used to process Recurring Payments within the Subscription.
Operator – the entity providing the IdoPay payment service used to process Recurring Payments, namely IAI S.A. (or its legal successor).
Recurring Payments – payments processed as part of the IdoPay payment service provided by the Operator and executed automatically, in specified cycles, used to pay for Subscription Orders based on the consent granted by the Customer at the start of the Subscription (standing order of the Cardholder).

§ 2. General Provisions

Types and scope of services provided electronically:
1.1. concluding Distance Selling Contracts – regarding Goods sold in the Online Store;

1.2. rules for registering and using the Account within the Online Store;

1.3. adding reviews, comments, and ratings – the Customer may add a review or comment to their order;

1.4. sending e-mail messages in which the Seller confirms the receipt of the order, where applicable the receipt of payment, and the acceptance of the order for processing.
Use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
2.1. up-to-date web browsers, e.g.:
2.1.1. Mozilla Firefox

2.1.2. Google Chrome

2.1.3. Microsoft Edge

2.1.4. Apple Safari

2.2. any software for viewing PDF files.
The content posted on the Online Store website, including descriptions of Goods and prices, constitutes only an invitation to treat (an invitation to conclude a contract) within the meaning of Article 71 of the Polish Act of 23 April 1964 – Polish Civil Code (consolidated text: Polish Journal of Laws of 2022, item 1360, as amended).
The Seller makes these Terms and Conditions, together with the Appendices, available via a link posted on the homepage before concluding the Distance Selling Contract, during its term, and after its termination. The Buyer may download them and print them out.
In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store implements technical and organisational measures appropriate to the level of security of the services provided, in particular measures intended to prevent the unauthorised acquisition and modification, by unauthorised persons, of personal data transmitted over the Internet.

§ 3. Orders

Placing an order in the Online Store may be done via the Account, or by selecting the option to purchase without registration, in which case an internal account is created from which the Customer may create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
The Customer places an order via the Electronic Order Form available on one of the pages of the Online Store.
After the Customer places an order correctly, the Seller sends information about the placed order to the Customer's e-mail address. This information does not confirm acceptance of the Customer's offer. It is merely information that the Seller has received the order.
The Seller then verifies whether the order can be accepted for processing.
If the Seller accepts the Customer's order, the Seller sends the Customer information electronically about the approval of the order for processing. Upon receipt of such information by the Customer, a Distance Selling Contract is concluded between the parties.
The selection of ordered Goods is made by adding them to the basket. The Electronic Order Form specifies, among other things, which Goods, at what price, and in what quantities the Customer wishes to order to the location indicated by them. The Customer takes the appropriate technical steps based on the displayed messages.
After the Customer provides all the necessary data, a summary of the placed order will be displayed. The order summary will contain information regarding: data identifying the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery costs and other charges (if any), the selected payment method, the selected delivery method, and delivery time and costs.
If the subject of the contract is the supply of Digital Content or a Digital Service that is not stored on a tangible medium, or services provided electronically or at a distance, the Consumer, in an additional checkbox required to place the order and located on the Electronic Order Form, gives the following consent: "I agree to the supply of Digital Content not stored on a tangible medium or the commencement of the service before the end of the 14-day period from the date of concluding the contract, and I acknowledge the loss of the right to withdraw from the contract." The Seller will confirm receipt of the aforementioned consent by e-mail.
In order to place an order, it is necessary to provide the personal data marked as mandatory in the Electronic Order Form, accept the content of the Terms and Conditions, and submit the order by pressing the "Order and pay" button.
9.1. The submission of the Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Selling Contract, in accordance with the content of these Terms and Conditions.

9.2. The Distance Selling Contract is considered concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying a message to the Buyer confirming the acceptance of the order and providing its number.

9.3. After concluding the Distance Selling Contract, the Customer receives, by e-mail, a confirmation of the placed order containing: confirmation of the acceptance of the order, the final confirmation of all essential elements of the order, the general conditions of the concluded Distance Selling Contract (Terms and Conditions of the Online Store along with Appendices No. 1 and 2), the Seller's details, information on the Seller's liability for the quality of performance, services provided by the Seller after the sale, and the method and consequences of withdrawing from the contract. Information regarding the method and consequences of withdrawing from the contract is included in Appendix No. 1.

9.4. Until the Seller begins processing the order:
9.4.1. The Customer may change their order using the function available on the Electronic Order Form page by going through the entire ordering process again. The change of the order is made by placing a new one, which replaces the previously placed one. Where applicable, the payment made by the Customer is credited towards the new order, and in the event of an overpayment, it is refunded to the bank account from which the payment was made.

9.4.2. The Customer may cancel their order by selecting the "Cancel order" option available on the Electronic Order Form page.

9.5. If the Customer cancels the order, the Seller shall refund the received payment within 3 working days. The refund will be made using the same payment method used by the Customer.

9.6. The order processing time is from 1 to 10 working days, starting from the day the contract is concluded.

9.7. Goods selected by the Customer in the Online Store which are not in stock at the time of processing the order may be replaced with Goods of the same type but a different brand.

9.8. While composing the list of Goods for the order, the Customer has the option to tick the "Accept substitutes" box for each selected Goods. The Customer will be informed about the substitutes in the order fulfilment summary, which they will receive by e-mail. The Customer has the right to refuse to accept the substitutes.

9.9. In the event of unavailability of some of the Goods covered by the order, the Seller shall fulfil the order in the part in which it can be fulfilled. Regarding the remaining part, the Seller cancels the order and notifies the Customer of this via the e-mail address provided by the Customer. In the part in which the order was fulfilled, the Customer may withdraw from the contract, under the conditions set out in § 7 of these Terms and Conditions.

9.10. If the Customer selected a payment method for the ordered Goods other than cash on delivery to the carrier, in the event of partial cancellation of the order, the Seller shall refund to the Customer the amount they paid for the cancelled part of the order, within 14 (fourteen) days from the day the Customer cancelled the order.

9.11. All prices quoted in the Online Store are gross prices (they include the value added tax (VAT), which, depending on the product, results directly from generally applicable laws, including the Polish Act of 11 March 2004 on the goods and services tax (consolidated text: Polish Journal of Laws of 2022, item 931, as amended)).

9.12. The shipping cost of the Order depends on the delivery method. If delivery is selected, the delivery cost is added to the price and is automatically added to the cost of the Order.

§ 4. Payment

The Online Store offers the possibility of making payments in the form of prepayments or cash on delivery (with payment to the account after delivery). The option of payment with deferred payment terms is possible in cases individually agreed with the Seller.
Payment for the Goods can be made using the method selected at the time of placing the order on the Electronic Order Form.
The currently available prepayment methods in the Online Store are available at: https://ebio24.fr/en/payments

§ 5. Subscriptions (Recurring Purchases)

Creating a Subscription and delivery cycles.
1.1. The Customer creates a Subscription by selecting this form of purchase in the Electronic Order Form. Confirmation of creating the Subscription is sent immediately to the Customer's e-mail address.

1.2. The Customer chooses the delivery frequency (cycle) from the options available in the Online Store.

1.3. A single Subscription Order may only contain Goods with the same delivery cycle. If the system detects Goods with different intervals in the basket, the Customer will be asked to select a common cycle.
Subscription discount, combining promotions, and price changes.
2.1. The Customer opting for the subscription model receives a fixed discount of 10% on the current regular price of the Goods.

2.2. Discounts in the Online Store do not combine. If the Customer is entitled to more than one discount at a given time (e.g., due to a subscription and another promotion, an activated discount code, or a loyalty programme), the system will automatically calculate and apply only one discount, the most favourable for the Customer, to the given order.
Schedule for the automatic creation of orders and Recurring Payments.
3.1. Subsequent Subscription Orders are created automatically during the night on the following dates:
3.1.1. 3 days before the set payment date – for cycles shorter than 10 days,

3.1.2. 7 days before the set payment date – for cycles equal to or longer than 10 days. The condition for creating a new order is the completion of the processing of the previous order.

3.2. 1 day before the scheduled payment date, the system initiates a price control procedure and sends the Customer an e-mail with information about the upcoming payment and any price change.

3.3. Upon reaching the payment date, the system will make a maximum of 3 attempts within 48 hours to automatically collect funds from the Customer's Card. Payment is made exclusively via a single Card previously registered with the Operator.

3.4. Neither the Online Store nor the Seller stores the Customer's payment Card data. All data provided during the Card registration is stored in an encrypted and secure manner exclusively in the certified environment of the Payment Operator (IdoPay), which meets strict security standards (including PCI DSS requirements).

3.5. In the event of failure to collect funds, the Customer receives an e-mail notification. After the third unsuccessful attempt, the option of paying for the order on a one-off basis using an alternative payment method (e.g., PayByLink, another Card) is made available.

3.6. If the order is not paid for and reaches the planned dispatch date, it is automatically cancelled. The Subscription, however, remains active, and the next order will be created according to the cycle.

3.7. 30 days before the Card's expiry date, the system automatically informs the Customer by e-mail of the need to update it.
Stock shortages in the Subscription.
4.1. In the event of the unavailability of the Goods covered by the Subscription Order, the Seller reserves the right to remove them from the order or replace them with similar Goods of equal value.

4.2. If the shortages concern a small part of the Order, the Seller removes the unavailable Goods, automatically refunds the funds collected for them, and sends the rest of the Goods without delay.

4.3. If the shortages are significant or require replacing the Goods with other items, the Seller suspends the dispatch of the Order and immediately contacts the Customer to decide on further processing.
Subscription Management (Customer Account). The Customer has full control over the Subscription and may make changes to it (editing Goods, changing the date of the next delivery, address, courier) subject to the following rules:
5.1. Any modifications to the Subscription parameters made after the system has generated the upcoming Subscription Order (according to the schedule in point 3.1) will only apply from the next billing cycle.

5.2. The possibility of changing the date of the next delivery is temporarily suspended when the last order is assigned the "Dispatched" status. The editing function will be automatically restored after the expiry of the date on which this delivery was originally scheduled. This mechanism serves to maintain the correct sequence of subscription cycles and prevent overlapping of automatic orders.

5.3. The Customer may temporarily pause the Subscription. The fee collection algorithm only works for active Subscriptions. Upon resuming a paused Subscription, a new cycle date is calculated (counted from the date of its resumption).

5.4. Regarding any changes, please contact us at the e-mail address: contact@ebio24.fr.
Termination and cancellation of the Subscription.
6.1. The Subscription is concluded for an indefinite period. The Customer may terminate (cancel) it at any time.

6.2. Terminating the Subscription is equivalent to withdrawing consent for subsequent charges as part of Recurring Payments. This results in a closed status, and such a Subscription cannot be resumed.

6.3. The termination of the Subscription made after the current Subscription Order has been generated and paid for does not affect the processing and dispatch of that order. The effect of cancellation in such a case occurs from the next delivery cycle.

6.4. Cancellation can be made by:
6.4.1. selecting the "End Subscription" option in the Customer Panel (Account); or

6.4.2. e-mail contact at the address: contact@ebio24.fr.
Returns and complaints.
7.1. Any returns and complaints regarding Goods purchased as part of a Subscription should be sent to the following address: BIOSHI S.A., Jasnogórska 1, 31-358 Kraków.

§ 6. Delivery

On the Electronic Order Form, the Customer selects the delivery method by ticking their choice.
If the Customer fails to collect the Goods, resulting in the return of the Goods to the Seller, the Seller may withdraw from the Distance Selling Contract after first requesting the Customer to perform the contract, via the e-mail address provided during the purchase process. Withdrawal from the contract takes place by submitting a statement to the Customer in the form of an e-mail message.
In the situation referred to in point 2, the Seller shall immediately refund to the Customer the payment received for the Goods purchased by the Customer.
The currently available delivery methods in the Online Store are available at: https://ebio24.fr/en/delivery

§ 7. Withdrawal from the contract – Electronic Return Form

A Consumer who has concluded a Distance Selling Contract may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Selling Contract, the contract is considered not concluded.
The right to withdraw from the contract under the terms specified in §§ 7 and 8 of these Terms and Conditions also applies to an Individual Trader. Wherever §§ 7 and 8 of these Terms and Conditions refer to a Consumer, this shall also be understood to include an Individual Trader.
In the event of withdrawal from the contract, the Consumer bears only the direct costs of returning the Goods.
The Consumer's statement must unequivocally express their decision to withdraw from the contract. In particular, the Consumer may:
4.1. use the Electronic Return Form available on the Online Store's website at: https://ebio24.fr/fr/returns-open.html;

4.2. withdraw from the contract using the withdrawal form constituting Appendix No. 2 by sending it to the Seller's registered office address;

4.3. The Seller shall immediately confirm, on a Durable Medium, the receipt of the statement of withdrawal from the contract submitted in the manner indicated in points 4.1 and 4.2.
To meet the deadline, it is sufficient to send the statement before its expiry.
The period for withdrawing from the contract begins:
6.1. for a contract under which the Seller supplies an item, being obliged to transfer its ownership – from the moment the Consumer, or a third party other than the carrier and indicated by them, acquires physical possession of the Goods; and in the case of a contract which:
6.1.1. covers multiple items that are delivered separately, in batches or in parts – from acquiring physical possession of the last item, batch or part;

6.1.2. involves the regular delivery of items for a specified period – from acquiring physical possession of the first item;

6.2. for other contracts – from the date of concluding the contract.
The form for the statement of withdrawal from the contract (Appendix No. 2 to these Terms and Conditions) and information regarding the exercise of the right to withdraw from the contract (Appendix No. 1 to these Terms and Conditions) are provided in electronic form.
In the event of withdrawal from a contract for the supply of Digital Content or a Digital Service, the Seller may prevent the Consumer from further using the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
In the event of withdrawal from a contract for the supply of Digital Content or a Digital Service, the Consumer is obliged to stop using this Digital Content or Digital Service and to stop sharing them with third parties.
The right to withdraw from a Distance Selling Contract does not apply to the contracts indicated in Article 38 of the Polish Consumer Rights Act of 30 May 2014 (consolidated text: Polish Journal of Laws of 2019, item 134), including contracts:
10.1. 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 start of the performance that after the Seller has fulfilled the performance, they will lose the right to withdraw from the contract, and has acknowledged this;

10.2. in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control, and which may occur before the deadline to withdraw from the contract expires;

10.3. in which the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individualised needs;

10.4. in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery (in particular food, dietary supplements, and cosmetics);

10.5. in which the subject of the performance is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

10.6. for the supply of Digital Content not supplied 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 the performance that after the Seller fulfils the performance, they will lose the right to withdraw from the contract, and has acknowledged this;

10.7. in which the subject is an item that deteriorates rapidly or has a short shelf life, and in which the subject of the performance is items that, after delivery, due to their nature, are inseparably mixed with other items (in particular fresh food products);

10.8. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;

10.9. concluded at a public auction;

10.10. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies a specific date or period of performance;

10.11. in which the subject of the performance is alcoholic beverages, the price of which was agreed upon when concluding the sales contract, the delivery of which can only take place after 30 days, and the value of which depends on market fluctuations over which the trader has no control.

§ 8. Consequences of withdrawal from the contract

The Seller, within 14 days of the date of receiving the statement of withdrawal from the Distance Selling Contract for the sale of Goods, shall refund to the Consumer all payments made by them, including the costs of delivery of the Goods corresponding to the cheapest standard delivery method offered by the Seller.
1.1. The refund will be made using the same payment method used by the Consumer.

1.2. If the Consumer, in order to exercise the right of withdrawal, uses the Electronic Return Form, the funds will be returned in the manner selected by the Consumer and to the bank account indicated by the Consumer.

1.3. If the Seller has not offered to collect the Goods from the Consumer themselves, the Seller may withhold the refund of payments received from the Consumer until receipt of the Goods back, or until the Consumer provides proof of dispatch, whichever event occurs first.
The Seller may offer to collect the Goods from the Consumer themselves. However, if the Seller has not made such an offer, the Consumer shall return the Goods to the Seller (or to a person authorised by the Seller to receive them) immediately, but no later than 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to dispatch the Goods before its expiry. The Goods returned by the Consumer should be sent to the Seller's registered office address.
The Consumer is liable for any diminished value of the Goods resulting from use of them beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The Consumer may not withdraw from the contract if the Digital Content or Digital Service is supplied in exchange for payment of the price and the lack of conformity of the Digital Content or Digital Service with the contract is insignificant.
The Seller may request the return of the tangible medium on which the Digital Content was supplied, within 14 days of the date of receipt from the Consumer of the statement of withdrawal from the contract. The Consumer shall return the medium immediately and at the Seller's expense.
The Seller is obliged to refund the price only in respect of the part corresponding to the Digital Content or Digital Service that is not in conformity with the contract, as well as Digital Content or Digital Service the obligation to supply which has ceased as a result of withdrawal from the contract.

§ 9. Complaint

A complaint due to a defect in the Goods or lack of conformity of the Goods with the concluded Distance Selling Contract may be submitted:
1.1. via the Electronic Complaint Form;

1.2. in writing to the Seller's registered office address or by e-mail to contact@ebio24.fr.
The submission shall specify the defect which, in the Buyer's opinion, the Goods have, the demands made of the Seller, as well as – where possible – document the defect referred to and provide proof of purchase of the Goods from the Online Store. The Seller is obliged to respond to the complaint within 14 days of receiving it. If the Seller has not responded within the aforementioned period, the complaint is deemed accepted. The Seller provides the response to the complaint to the Buyer in writing or on a Durable Medium.
The steps that the Buyer must take to submit a complaint, including the method of delivering the Goods subject to complaint to the Seller, are indicated at the individual stages of the Electronic Complaint Form.
If the Seller accepts the complaint as justified, the costs of replacement, repair, including shipping costs related to the complaint about the Goods, shall be borne by the Seller.
The Seller is liable to the Consumer, as well as to the Individual Trader, for the lack of conformity of the Goods with the Distance Selling Contract under the rules arising from the Polish Consumer Rights Act of 30 May 2014.
5.1. The Seller is liable for the lack of conformity of the Goods with the Distance Selling Contract that existed at the time of delivery and became apparent within two years of that moment, unless the use-by date of the Goods, as specified by the Seller, is longer.

5.2. The Seller carries out repair or replacement of the Goods within 14 days of the date of accepting the complaint. The costs of repair or replacement, including in particular the costs of postal fees, transport, labour and materials, shall be borne by the Seller.

5.3. The Consumer makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods at their own expense.
The Seller is obliged to deliver Goods free from defects and is liable to the Trader for defects in the purchased Goods under the rules specified in the Polish Civil Code.
The supply of Digital Content or a Digital Service to the Consumer or Individual Trader is carried out under the rules arising from the Polish Consumer Rights Act of 30 May 2014.
7.1. Digital Content is deemed to have been supplied at the moment when the Digital Content, or the means enabling access to the Digital Content or the download of the Digital Content, has been made available to the Consumer or to a physical or virtual device that the Consumer has independently chosen for this purpose, or when the Consumer or such device has obtained access to it.

7.2. A Digital Service is deemed to have been supplied at the moment when the Consumer, or a physical or virtual device that the Consumer has independently chosen for this purpose, has obtained access to it.

7.3. The Seller shall bring the Digital Content or Digital Service into conformity with the contract within 21 days of the moment when the Seller was informed by the Consumer of the lack of conformity, without significant inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into conformity with the contract shall be borne by the Seller.

§ 10. Reviews

A Review regarding the order processing or a Review regarding the Goods can be posted during a visit to the Online Store by clicking on the button placed next to the Goods or by clicking on the link placed in an e-mail message. Adding a Review is voluntary and free of charge. For each order, the Customer has the option to add the aforementioned Review only once.
As part of the aforementioned Review, the Customer may award a rating in the form of 1 to 5 stars and add a written statement limited to 65,535 characters.
Ratings are stored and presented publicly on the Online Store's website, as well as on the website https://trustedreviews.idosell.com.
The Seller verifies Reviews using the e-mail address that was used in the purchase process for the relevant Goods. A Review placed by a person using the e-mail address that was used in the purchase process is marked on the Store's website with the comment "review confirmed by purchase". Any other Review is marked as "review not confirmed by purchase".
The Seller may publish Reviews regarding the relevant Goods from their other Online Stores.
The Seller does not change Reviews in terms of content or the stars awarded.
The Buyer is solely responsible for the statement made as part of the Review. The Seller is entitled to remove a Review in accordance with applicable law and these Terms and Conditions.
It is not permitted to post content containing false, misleading, vulgar, aggressive or offensive information, or content that is obviously considered contrary to accepted standards of conduct. It is also not permitted to post content of an unlawful nature, content violating the rights of third parties, or content constituting an act of unfair competition.
The Customer undertakes not to post content that contains links to external websites that are promotional or advertising in nature, or content that contains personal data of third parties.
At the express request of the Customer, the content of a Review may be hidden from other Store users, but the awarded star rating will be included in the overall rating of the Store and the Goods.

§ 11. Intellectual Property

The Customer declares that they do not hold any rights, including copyright or related rights, to the Reviews and statements posted by them, except for the right to use the Online Store in the manner specified in the Terms and Conditions. The Customer is not entitled to any fixation, reproduction, sharing, publishing, or distribution of the content, unless such authorisation results from applicable law or the Terms and Conditions.
The Customer is not entitled to interfere with the content in any way; in particular, they are not entitled to interfere with the content, structure, form, graphics, operating mechanism, or other elements of the Online Store.
By posting Reviews in the Online Store that constitute works within the meaning of the Polish Copyright and Related Rights Act of 4 February 1994, the Customer grants the Seller a non-exclusive, royalty-free, and territorially and temporally unlimited licence for the Seller to use these works, together with the right to grant sublicences, which includes making the work publicly available in such a way that everyone can have access to it in a place and time chosen by them (Internet). The licence is granted in relation to all fields of exploitation known at the time of its granting, in particular to the following fields of exploitation:
3.1. fixation and reproduction of the work by any technique – in particular by printing, reprographic, magnetic recording, digital techniques, i.e., using any techniques on any audiovisual or visual medium, in particular on audiovisual disks, CDs, computer disks, in a multimedia network, including the Internet and related online services, as well as reproduction, fixation, use on the Internet, in advertising, and reproduction of a recording in electronic form in computer memory and in internal and external networks;

3.2. use of the whole, fragments, or any elements of the work with the possibility of making modifications resulting from the nature of the given Internet medium – in all publications, in particular Internet, digital, in newsletters and information bulletins, independently or in combination with other works or fragments of works; use in whole or in part for promotion and advertising purposes, in particular in the form of audiovisual, audio, and media advertising;

3.3. trading in the original or copies on which the work was recorded – placing on the market, lending, and renting the original or copies;

3.4. disseminating the work in a manner other than those specified above – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can have access to it in a place and time chosen by them;

3.5. use of the works for promotional and marketing purposes.
The deletion of the Account by the Customer or the deletion of the Review pursuant to § 10 point 7 does not affect the validity of the above licence.

§ 12. Final Provisions

These Terms and Conditions are effective from 4 January 2023.
In the event of a change or invalidation of any of the provisions of these Terms and Conditions by a decision of a competent authority or court, the remaining provisions shall remain in force and binding on the Seller and the Customer.
The Seller reserves the right to amend these Terms and Conditions. Any contracts concluded before the date of entry into force of the new Terms and Conditions shall be performed on the basis of the Terms and Conditions that were in force on the date of concluding the contract.
The law applicable to the resolution of any disputes related to the Terms and Conditions is Polish law. This does not affect the mandatory rights of the Consumer under the mandatory provisions of the law of the Consumer's country of habitual residence within the European Union, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).
The parties undertake to settle any disputes arising in connection with or in the course of the performance of the service through mutual negotiations or mediation. If no agreement is reached, such disputes shall be submitted to the court competent for the Seller's registered office. A Consumer residing in another EU Member State retains the right to bring an action before the courts of their country of residence, in accordance with Articles 17–19 of Regulation (EU) No 1215/2012 (Brussels I bis).
A Customer who is a Consumer may also use out-of-court methods for handling complaints and pursuing claims, in accordance with the EU Alternative Dispute Resolution Directive 2013/11/EU. These procedures are voluntary, and both parties must agree to them. Information on the competent ADR bodies is available as follows:
6.1. Poland: Polish Office of Competition and Consumer Protection (UOKiK) – https://uokik.gov.pl/en;

6.2. Ireland: Competition and Consumer Protection Commission (CCPC) – www.ccpc.ie;

6.3. Malta: Malta Competition and Consumer Affairs Authority (MCCAA) – www.mccaa.org.mt;

6.4. Cyprus: Consumer Protection Service – www.consumer.gov.cy;

6.5. EU-wide: European Consumer Centres Network (ECC-Net) – European Consumer Centres Network.

§ 13. Appendix 1 – Information regarding the exercise of the right to withdraw from the contract

The right to withdraw from the contract under the following terms applies to the Consumer and the Individual Trader. You have the right to withdraw from this contract within 14 days without giving any reason. The deadline for withdrawal from the contract expires after 14 days:
1.1. in the case of a sales contract, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Goods;

1.2. in the case of a contract obliging the transfer of ownership of multiple items that are delivered separately, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last item;

1.3. in the case of a contract obliging the transfer of ownership of items delivered in batches or parts, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last batch or part;

1.4. in the case of contracts for the regular delivery of items for a specified period, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first item;

1.5. in the case of contracts whose subject is the supply of services or Digital Content that is not supplied on a tangible medium – from the day of concluding the contract.
To exercise your right of withdrawal, you must inform us, i.e., BIOSHI S.A., Tel.: Ten tekst zmienisz w ADMINISTRACJA / Dane Twojej firmy / Dane kontaktowe, E-Mail: contact@ebio24.fr, Jasnogórska 1, 31-358 Kraków, of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or an e-mail).
You may use the model withdrawal form, but it is not mandatory.
You may also fill in the Electronic Return Form available on the Online Store's website: https://ebio24.fr/fr/returns-open.html. If you use this option, we will immediately send you a confirmation of receipt of information about the withdrawal from the contract on a Durable Medium.
To keep the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
In the event of withdrawal from this contract, we shall refund all payments received from you, including the costs of delivery of the Goods (with the exception of additional costs resulting from your choice of a method of delivery other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
In the case of contracts obliging the transfer of ownership of items, where we have not offered to collect the Goods in the event of withdrawal from the contract, we may withhold the refund until we have received the Goods back, or until you have supplied evidence of having sent the Goods back, whichever event occurs first.
Please send the returned Goods to the address: BIOSHI S.A., Jasnogórska 1, 31-358 Kraków, immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the Goods back before the 14-day period has expired. You will have to bear the direct costs of returning the Goods.
Due to the weight and dimensions of the Goods, in the event of withdrawal from the contract, sending back the Goods may involve higher costs than standard postal delivery. If you wish to use the services of courier companies, it may be necessary to send the shipment on a pallet, which is more expensive than standard postal delivery.

§ 14. Appendix 2 – Model withdrawal form

Download the model withdrawal form (PDF)