Terms and conditions of online store “BeeYes”
§ 1. General.
1. These Terms and conditions, hereinafter referred to as the “Terms&Conditions”, specify the rules for using the online store located at URL https://beeyes.eu, hereinafter referred to as “Store”.
2. The store is run by BeeYes Jolanta Jędruch with the registered office: 37-700 Przemyśl, ul. Piotra Skargi 7/1, with NIP 7951734308, REGON 366085091, represented by Jolanta Jędruch, hereinafter referred to as the “Administrator”.
3. Store address and contact details: Internet address – www.beeyes.pl, e-mail – info@beeyes.pl, phone +48 608 443462, correspondence address – ul. Piotra Skargi 7/1, 37-700 Przemyśl,
4. Before using the Store, each person should read its Terms&Conditions.
5. Making purchases in the Store requires the Customer to have an active and efficient email account.
§ 2. Types and scope of the Store’s activities
1. Distance selling of cosmetics and dietary supplements is carried out via the Internet via the Store.
2. The items offered are new.
§ 3. Privacy policy and personal data protection
1. By completing the purchase form and checking the box next to the relevant statement, the customer agrees to the collection and processing of his personal data in accordance with the Personal Data Protection Act of 29.08.1997 (Journal of Laws of 2002 No. 101, item 926 from as amended) and GDPR: art. 6 clause 1 lit. a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data by the Administrator for the purposes necessary to comply with the provisions of these Regulations and provided on its service basis.
2. The administrator of Personal Data is BeeYes Jolanta Jędruch with the registered office: 37-700 Przemyśl, ul. Piotra Skargi 7/1, with NIP 7951734308, REGON 366085091.
3. The Store informs customers that the services offered through the Store are provided via the public Internet. In connection with the above, the Store draws the attention of customers to the fact that the use of the Store’s services may be associated with the risk of interference by third parties in the transmission of data sent via the Internet between the Store and the Customer.
4. Only personal data provided by the Customer voluntarily is collected. The data is processed for the purposes necessary to comply with the provisions of these Regulations, and in particular to:
a) conclusion of the contract of sale of the ordered goods,
b) delivery to the Customer of goods for which the Customer has placed an order,
c) issue of a document confirming the sale of goods,
d) posting transactions in the Store’s accounting system for the period required by law and storing personal data in the accounting system to ensure the history of commercial transactions carried out by the Store,
e) store the Customer’s personal data in the Customer database.
5. With the additional consent given by the Customer, the collected personal data may also be used for promotional and marketing purposes, including in particular to present the Customer with the commercial offer of the store and other marketing information related to the Store.
6. Newsletter – If you subscribe to the newsletter by agreeing to receive it in the ordering process or by subscribing to the newsletter module (consent to receive commercial information by e-mail), you only need to provide the email address to which commercial information will be sent. from the Administrator. The Customer may opt out of sending such information at any time by clicking on the link in the footer of any commercial information or informing about unsubscribing from the newsletter by e-mail to the following address: kontakt@beeyes.pl.
The newsletter is sent via FreshMail Sp. z o.o. Al. 29 November 155c, 31-406 Kraków, NIP 6751496393, KRS 0000497051
7. The data provided when placing the order are also processed by the following entities in the given scope: name and surname, address, telephone number, e-mail address indicated as the delivery address are transferred to shipping companies in the form of a label / waybill which is also a delivery order. Depending on the type of shipment selected, the following are forwarded:
a) DPD courier
b) Polish Post
c) DHL courier
8. The Customer has the right to access their personal data at any time and the right to correct it and demand its removal;
9. The Administrator informs that the Customer is not obliged to provide his personal data, however, refusal to provide it will prevent the Customer from properly performing the services specified in the Regulations and the benefits of the contract concluded between the Store and the Customer.
10. The collected data are subject to careful protection in accordance with applicable regulations. The administrator makes every effort to ensure that the stored data ensures an appropriate level of security.
11. The data is collected on the servers of the hosting company:
dhosting.pl Sp. z o. o. , Al. Jerozolimskie 98, Warszawa (00-807) KRS 0000336780, NIP 7010198361, REGON 141998822,
12. The Store uses cookies. When the Customer visits the Store website, the Store system sends at least one Cookies file to the Customer’s computer to uniquely identify the browser. The store server automatically registers information sent by the client’s browser when displaying websites. Server logs may contain information such as web request, IP address, browser type and language, date and time of request. This information allows us to improve the quality of our services by identifying and storing customer preferences and tracking trends, such as how our website is searched. The customer may prohibit the receipt of cookies, which will remain anonymous, although by not allowing the registration of cookies, the store will not be able to identify the customer or his preferences. Detailed information on Cookies is included in the Cookies Policy available in the Cookies tab.
13. Information on the principles and methods of recording, securing and sharing the content of the concluded contract by the Store:
a) The content of the concluded contract is consolidated, secured and made available by sending an appropriate e-mail after the conclusion of the Sales Agreement.
b) Consolidation, security and disclosure of the content of the concluded Sales Agreement is done by sending the Customer the content of the concluded contract to the e-mail address provided or by providing the Customer with the specification of the Order and proof of purchase.
c) The content of the concluded contract is additionally recorded and secured in the Service Provider’s IT system and made available at each Customer’s request.
§ 4. Technical requirements
1. For the proper and uninterrupted use of the Store, the Customer’s terminal / device should meet the following minimum technical requirements:
a) active internet connection,
b) 800 MHz processor or higher parameters, RAM memory at least 128 MB,
c) Operating system at least Windows XP
d) acceptance of cookies and Java Scripts enabled
2. The store is not obliged to provide the above devices and / or software.
3. The installation of the software referred to in paragraphs 1 and 2 is the subject of a separate license agreement between the Customer and the licensor.
4. The store’s website is responsive and matched to different screen resolutions.
§ 5. Shopping rules
1. The information provided on the Store’s websites, including information on the products presented, in particular their descriptions, technical and functional parameters as well as prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.
2. Before making a confirmation of the purchase, the store provides the Customer with the following information:
(a) an accurate description of the product and its characteristics;
b) the total price of the products ordered, including taxes, as well as the fee for transport, delivery or postal services and summarizing the total amount of the order with the delivery option selected
c) the method and date of payment
d) the manner and date of performance by the entrepreneur.
3. Purchasing a Product does not require registration in the Store
4. Placing an order takes place using the form available on the store’s website in the summary of the list / shopping basket, in which the Customer provides the following data:
a) Name or company name
b) E-mail adress
c) Phone number
d) Shipping address
5. The Customer places the order after having read the information specified in the Regulations of the store and the information indicated in paragraph 2, which will be displayed in electronic form at the last stage of completing the electronic form preceding the expression of the will to be bound by the contract by clicking the “I am ordering with payment obligation” button. After reading the collected information specified for a given Customer’s order, the Customer wishes to be bound by the contract by pressing the “I am ordering with payment obligation” button
6. All prices quoted on the Store’s website are in Polish zlotys and include VAT. The price displayed in the basket summary before placing the order includes shipping costs according to the option chosen by the Customer.
7. The store undertakes to provide items free of defects.
8. The order is considered accepted for processing after the Store confirms the acceptance of the order placed by the Customer.
– order confirmation is sent automatically after the Customer has placed the order;
– The store may suspend the acceptance of the order in the event of doubts as to the veracity or reliability of the data indicated by the customer in the registration form. In this case, the Store will contact the Customer immediately to clarify the doubts.
– In the event of unavailability of some of the products covered by the order, the Customer is immediately informed. The customer decides whether the order is to be realized partially or completely canceled.
9. The Customer and the Store are bound by the Product price applicable at the time of placing the order.
10. The following payment methods are accepted in the Store:
a) PayPal
b) ordinary bank transfer in Euro,
-
mBank PL90 1140 2004 0000 3112 0515 7443
The deadline for making the payment is 3 days from the date of confirming the order.
12. The contract is deemed to be concluded at the time of confirmation of the order, in the case of payment by cash on delivery or when the payment is made by the Customer, after receiving confirmation of the order for execution.
13. The ordered goods are sent within the time specified individually under each product, defined as “shipping”, after confirmation of payment in the case of payment in advance,
14. Shipments are sent via DPD courier, DHL courier or Polish Post (Poczta Polska). Shipping costs have been specified in the content of the Basket. The cost of international shipments is determined individually with the customer – depending on the destination of delivery.
15 In the case of ordering several pieces of goods, the goods are generally packed collectively in one shipment, unless, by selecting the delivery method, the Customer indicates a different packaging method and selects separate delivery options for each product.
16. The customer will be notified by e-mail about sending the goods. When choosing a courier parcel, the customer will receive by e-mail the parcel number and a link to its location and tracking.
17. If the product is to be sent by the Store to the Customer who is a consumer, the risk of accidental loss or damage to the item (good) passes to the Customer upon its delivery to the Customer. The release of an item (good) is deemed to be entrusted by the Store to the carrier, if the Store did not affect the choice of the carrier by the buyer.
18. A receipt confirming the purchase is sent with the Product. A VAT invoice is issued at the Customer’s request.
19. The customer is required to provide full data necessary for the correct issue of a VAT invoice:
Name and surname / company,
Address of residence / registered office,
NIP number (for companies), PESEL number (for persons),
Order number,
Address for correspondence
20. Each registering and / or placing an order the Customer agrees to receive to his email address information related to the course of the transaction, notifications of changes in these Regulations.
21. Other information regarding the operation of the Website, as well as containing commercial information about new products or services of the Website, about Website promotions and the Administrator’s products promoting products will be sent only to those customers who have agreed to it.
§ 6. Complaints
1. In the scope of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of May 30, 2014 on consumer rights ( Journal of Laws of 2014, item 827 of 24 June 2014).
2. The store is liable to the customer under the warranty, the item sold (good) has a physical or legal defect. A physical defect consists in the incompatibility of the sold item (good) with the contract. In the case of a sold item (good) it does not comply with the contract, you should:
(a) it does not have the properties that require it to achieve the purpose of the contract, designated or arising from circumstances or use;
b) does not have properties that the Store provides to the customer, including presenting a sample or pattern;
c) it is not suitable for the purpose of which the Customer informed the Store at the conclusion of the contract, and the Store did not raise any objections to its intended use;
d) was delivered to the Customer in an incomplete state.
3. Complaints about ordered products may be submitted by email to the address kontakt@beeyes.pl or by post to the address ul. Piotra Skargi 7/1, 37-700 Przemyśl. To facilitate the submission of complaints, the e-mail confirming the purchase of content includes instructions and a sample “Complaint Form”. Used for optional.
4. When submitting an complain, you are asked for the following data: name and surname of the customer, address, data allowing identification of the sale (e.g. Login, order number, transaction date), subject and reason for complaint, contact details.
5. Taking into account the method of fulfilling the obligation free of defects or removes the defect. This limitation does not apply, it should have already been replaced or repaired by the seller (Store) or the Store did not satisfy the obligation to replace the item with a defect from defects or to remove defects.
6. If that the customer is a consumer, he can request the Store for replacement of the item free from defects or replacement of the item request the removal of the defect, unless items have been introduced for comparison proposed by the Store. Taking into account the excessive price, the value of the defects, the type and significance of the defect, as well as taking into account the inconvenience that may be determined by the customer another way of satisfying.
7. The reduced price should remain in some proportion to the price resulting from the contract, in whatever value the item with the defect remains to the value of the item without the defect.
8. The customer cannot withdraw from the contract, when the defect is insignificant.
9. Complaints submitted by the customer are considered within 14 days of their submission. Lack of statements in this case should be considered as recognition of the claims made by the customer.
10. The customer has been notified of the outcome of the reported claim of the same route that was sent, the complain, unless the customer reserves another contact function. Complaint resolution will be additionally available electronically to the e-mail address provided by the customer.
11. In the event of a positive resolution of the complaint, the Store sends the Customer Goods free from defects or with the defect removed within a reasonable time. If you want to repair or replace with a new product they are not available for the reasons indicated in paragraph 5 and 6, Store according to the alternative package submitted by the Customer – lower the price or return the product price balance, plus shipping costs.
§ 7. Withdrawal from the contract
1. In accordance with the Act of 30 May 2014. on consumer rights (Journal of Laws of 2014, item 827) The customer who is a consumer has the right to withdraw from the contract in writing without giving a reason within fourteen days from the date of delivery of the item, i.e. from the moment the customer came into possession of the item, or which a third party other than the carrier indicated by the customer came into possession of the item. To comply with the fourteen-day period referred to in paragraph 1, it is sufficient to send a statement of withdrawal before its expiry. The statement can be made on the form, a model of which is given below the content of these regulations (as Annex B) and will be attached by the Store in a paper version to the shipment of the product. Use of this form is optional.
1. According to art. 38 of the Act on Consumer Rights, the right to withdraw from a distance contract, in accordance with the Act, is not entitled to the consumer in cases of:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
c) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
d) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
e) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
f) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
g) in which the subject of the service are alcoholic beverages, the price of which has been agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
h) in which the consumer expressly demanded that the entrepreneur visit him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides things other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items;
i) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
j) concluded through a public auction;
k) for the provision of accommodation services, other than for residential purposes, the carriage of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
l) for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
3. In the event of withdrawal from the contract, the customer is obliged to return the goods to the following address: ul. Piotra Skargi 7/1, 37-700 Przemyśl or forward it to a person authorized by the Store for collection immediately, but not later than 14 days from the day on which the contract id surrendered, unless the Store offered to pick up the item itself. Returned goods should be packed in a way that prevents their damage during transport.
4. If the Customer use the right referred to in paragraph 1, the direct costs of returning the goods shall be borne by the customer.
5. In the event of withdrawal from this contract, the Customer shall be reimbursed all payments received from him, including those covering the costs of delivery (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest usual delivery method offered as part of the delivery of the goods available in the Store), immediately , and in any case not later than 14 days from the day on which the Store was informed of the Customer’s decision to exercise the right of withdrawal from the Store.
6. The Store returns the payment using the same method of payment that the Customer used, unless the Customer expressly agreed to a different method of return that does not involve any costs for him.
7. The store may withhold reimbursement until receipt of the returned Goods (items) or until proof of sending back the goods has been provided in connection with the withdrawal, depending on which event occurs first.
8. If the Customer who is a consumer has chosen a method of delivery of the item (good) other than the cheapest regular delivery method offered by the entrepreneur (applies to the method of initial delivery to the Customer), the entrepreneur is not obliged to refund the additional costs incurred by the Customer.
§ 8. Final provisions and a description of the possibilities to use extrajudicial means of dealing with complaints and redress
1. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer under his mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions.
2. In matters not covered by these Regulations, the provisions of Polish law shall apply, including in particular the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827 of 24 June 2014) and the Act of 23 April 1964 – Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended).
3. Information on the possibilities for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection , Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
https://www.uokik.gov.pl/spory_konsumenckie.php;
https://www.uokik.gov.pl/sprawy_indywidualne.php;
https://www.uokik.gov.pl/wazne_adresy.php;
The customer who is a consumer has, among others the following possibilities of using out-of-court complaint and redress methods:
Permanent Consumer Arbitration Court operating at the Trade Inspection – the opportunity to submit a request to resolve a dispute arising from the concluded Sales Agreement;
Voivodship Inspector of Trade Inspection with the opportunity to submit a request to initiate mediation proceedings in an amicable matter until the dispute between the Customer and the store is over;
poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation under the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at email porady@dlakonsumentow.pl
Annexes to the Terms and Conditions
INFORMATION CONCERNING THE USE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT – INSTRUCTIONS TO WITHDRAW FROM THE CONTRACT
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the day in which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item;
To use the right of withdrawal, you must inform the person responsible for performing the withdrawal:
BeeYes Jolanata Jędruch about his decision to withdraw from this contract by an unequivocal statement.
(Please be advised that the statement may be sent, for example, by post or e-mail).
You can use the model withdrawal form, but it is not mandatory.
You can also complete and send the withdrawal form or any other explicit statement by electronic means on our website www.BeeYes.pl. If you use this option, we will send you prompt confirmation of receipt of withdrawal information on a durable medium (e.g. email).
To meet the deadline for withdrawing from the contract, it is enough for you to send information regarding the use of your right to withdraw from the contract before the deadline for withdrawing from the contract.
Effects of withdrawal from the contract
In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivery (except for additional costs arising from your chosen delivery method other than the cheapest usual delivery method offered by us), immediately, and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. Reimbursement of payments will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
We may withhold reimbursement until we receive the item or until we receive proof of sending it back, whichever occurs first.
Please send or give us the item to the address: ul. Piotra Skargi 7/1, 37-700 Przemyśl immediately, and in any case not later than 14 days from the day on which you informed us about withdrawal from this contract. The deadline is met if you send back the item before the 14-day deadline.
You will have to bear the direct cost of returning the item.
You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the thing.
WITHDRAWAL FROM THE CONTRACT
Please be advised that this form should be completed and returned only if you wish to withdraw from the contract. Use of the form is optional.
Addressee: BeeYes Jolanta Jędruch with its registered office: 37-700 Przemyśl, ul. Piotra Skargi 7/1, holding NIP 7951734308, REGON 366085091, represented by Jolanta Jędruch
BeeYes STORE CONTACT ADDRESS: ul. Piotra Skargi 7/1 lok. 41, 37-700 Przemyśl; internet address – www.BeeYes.pl; e-mail – kontakt@beeyes.pl, phone +48 608 444 462
I / We (*) hereby inform / inform (*) about my / our withdrawal from the sales contract for the following items (*) the contract for the delivery of the following items (*) the contract for a specific work involving the performance of the following items (*) / for the provision of the following service ( *)
Date of conclusion of the contract (*) / receipt (*)
Name of consumer (s)
Address of consumer (s)
Signature of the consumer (s) (only if the form is sent in paper version)
Date
(*) Delete as applicable.