Terms and conditions
REGULATIONS IN EFFECT FROM 14/04/2025
DEFINITIONS
These Regulations define the general terms and conditions of using the Store, concluding a Service Provision Agreement, a Sales Agreement and the rules of using the services provided by the Seller. Whenever the following capitalized terms are used in the following parts of the Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:
Price – the gross remuneration amount (including tax) specified in Polish zloty or another currency due to the Seller for the transfer of ownership of the Goods to the Customer in accordance with the Sales Agreement;
Customer Service Office – the Seller's telephone Customer Service Office, through which the Customer can obtain information about the Goods, the Store, the Regulations and current Promotions.
Contact by phone: +48 885-552-204 or +48 609-423-609 or by e-mail [email protected]
Password – a sequence of alphanumeric characters, necessary for authorization when accessing the Account, which is specified by the Customer when creating the Account. The Customer is obliged to keep the Password strictly confidential (not to disclose it to any third parties). The Password can be changed in the Account settings. The Seller may provide the Customer with the possibility of so-called recovery of a forgotten Password in the manner specified within the Store;
Customer – a natural person or a legal person or another organizational unit without legal personality, acting through an authorized person who accepts the Regulations in order to create an Account or conclude a Sales Agreement. If the Customer is a person with limited legal capacity, they undertake to obtain legally effective consent of their legal representative to make a purchase in the Store and to present such consent at each request of the Seller;
Consumer – a natural person performing a legal act not directly related to their business or professional activity, as well as a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity;
Customer Account/Account – space provided to the Customer within the Store in accordance with the Service Provision Agreement, allowing the Customer to use additional functionalities/services. The Customer gains access to the Customer Account using the Login and Password. The Customer logs into their Account after registering on the Store website;
Cart – a service provided to each Customer and each Store user who uses the bialcon.pl service, consisting in enabling them to easily purchase one or more Products, enter discount codes enabling a reduction in the Price on the terms specified in separate agreements/regulations, display a summary of the Purchase Price of individual Products and all Products together (including any shipping costs), display the expected delivery date of the Products, remembering Products added to the cart for a period not longer than 21 days;
Login – the Customer's e-mail address provided within the Store when the Customer creates an Account. Each creation/change of the Login requires confirmation of the Customer's e-mail address by the Customer clicking on the activation link sent by the Seller to the e-mail address provided by the Customer;
Newsletter - the Seller's service consisting in sending Customers, with their express consent, free periodic information about the Store, to the e-mail address provided by the Customer;
Promotions - special sales conditions, regulated on the principles expressed in separate regulations, concerning a special offer of the Store valid at a specific time, which the Customer may use on the principles specified therein. In the event of a discrepancy between the provisions of the relevant Promotion regulations and the provisions of these Regulations, the provisions of the relevant Promotion regulations shall prevail;
Regulations/ Agreement on the Provision of Services - this document specifying the principles of concluding Sales Agreements and the principles of providing and using the services offered by the Seller through the Store for Customers. The Regulations specify the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services electronically (Journal of Laws of 2002, No. 144, item 1204, as amended);
Shop – a platform for the sale of Goods and the provision of services offered by the Seller, run by the Seller, constituting a set of interconnected websites, available via the URL address http://www.bialcon.pl;
Seller/Company – Bialcon S.A., ul. Celników Polskich 14, 21-500 Biała Podlaska, NIP: 5372604429, Regon: 060733279, KRS 0000377159. Registration authority: District Court in Lublin-East in Lublin with its seat in Świdnik, VI Commercial Division of the National Court Register. Share capital PLN 102,102.00
Goods – items (goods) sold by the Seller through the Store to the Customer, upon payment of the Price. Goods may be standard or prepared to the Customer's order, depending on the current assortment presented within the Store. All goods offered on the Store's website are brand new;
Content/Contents – text, graphic or multimedia elements (e.g. information about the Goods, photos of the Goods, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are posted and distributed by the Seller, the Seller's contractors, the Customer or another person using the Store, respectively;
Sales Agreement/Agreement – sales agreement within the meaning of the provisions of the Civil Code, concerning the sale by the Seller to the Customer of Goods for payment of the Price increased by any shipping costs, the terms of which are specified in particular in these Regulations, concluded between the Customer and the Seller in the manner specified in these Regulations, i.e. it is concluded in particular using means of distance communication. The Sales Agreement specifies in particular the Goods, their features, Price, shipping costs and other important conditions;
Technical Requirements – minimum technical requirements, the fulfillment of which is necessary to use the Store, conclude the Service Provision Agreement or conclude the Sales Agreement, i.e.: having a computer or other device connected to the Internet, equipped with one of the following web browsers (in the indicated or newer versions): Microsoft Internet Explorer 8.0, Firefox 7.0, Google Chrome 20.0, Safari 5.0, Opera 11.64, supporting Java Script and enabling the saving of cookies. In order to make purchases in the Store, the Customer must have a valid/active e-mail address.
Order – a form provided within the Store, specifying the Goods that the Customer intends to buy and the Customer's data necessary for the conclusion and performance of the Agreement. The order sent to the Seller constitutes a declaration of will of the Customer expressing the direct will to conclude a Distance Sale Agreement, via the Store.
GENERAL RULES FOR USING THE STORE
1. Using the Store requires that the terminal device and IT system used by the Customer meet the minimum Technical Requirements.
2. Acceptance of the Regulations is necessary in order to create a Customer Account. By accepting the Regulations, the Customer accepts its provisions in their entirety, without changes. The Customer may use the services provided by the Service Provider specified in § 3 sec. 1 letter c-e below to the extent chosen by them, in particular by means of browser settings, on the terms specified in the Regulations without the need to accept them.
3. The Seller informs that the Customer's use of the Store via an internet browser, including placing an Order, as well as establishing a telephone connection with BOK, may be associated with the necessity for the Customer to bear the costs of connecting to the Internet (data transfer fee) or the costs of a telephone connection. The above fees are not collected by the Seller, but by the provider of publicly available telecommunications services within the meaning of the Telecommunications Law, whose services the Customer uses. The provider referred to in the previous sentence is not a subcontractor of the Seller.
4. The Seller may entrust the performance of individual Seller duties or the ongoing operation of the Store to subcontractors without informing the Customers about this. This has no effect on the scope and quality of the Seller's services, and the Seller is in each case a party to the Service Provision Agreement.
CONCLUSION OF THE SERVICE PROVISION AGREEMENT
1. The Seller provides the following services to the Customers through the Store:
- enabling Customers to create a Customer Account;
- enabling Customers to place Orders and conclude Sales Agreements;
- presenting Customers with advertising content tailored to their interests;
- enabling Customers to use the Basket and Clipboard services
- enabling browsing the Content placed by the Seller within the Store
- sending the Newsletter.
2. In addition, the Seller provides the following services to Customers who have created a Customer Account via the Store:
- maintaining the Customer's session after logging in to the Customer Account (using a browser);
- storing and making the history of concluded Agreements available to the Customer via the Customer Account;
- enabling access to special Promotions directed exclusively to specific groups of Customers who have a Customer Account.
3. Within the Store, the Seller undertakes to provide the services referred to in paragraphs 1 and 2 above, to the extent and under the terms specified in these Regulations.
4. The Agreement for the Provision of Services is concluded upon effective completion and acceptance by the Customer (sending to the Seller) of the registration form in order to create a Customer Account. The agreement for the provision of services by electronic means is concluded for an indefinite period. If the Customer uses the Store without creating an Account and without making Purchases, he should comply with the provisions of the Regulations to the extent to which he actually uses the services provided by the Seller.
5. The Customer is obliged in particular to:
- provide only Customer data in the Order and in the registration forms when creating the Customer Account;
- immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Service Provision Agreement or the Sales Agreement, in particular to the extent necessary for their proper performance;
- use the services offered by the Seller in a manner that does not disrupt the functioning of the Seller or the Store;
- use the services offered by the Seller in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and principles of social coexistence adopted in a given scope;
- use the services offered by the Seller in a manner that is not burdensome for other Customers and for the Seller;
- timely payment of the Price and other costs established by the Customer and the Seller;
- not providing and not transferring within the Store any Content prohibited by the provisions of applicable law, in particular Content violating the property copyrights of third parties or their personal rights; not taking actions such as: - sending or placing unsolicited commercial information in the Store or placing any Content violating the provisions of the law (prohibition of placing illegal content); - undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers; - modifying in an unauthorized manner the Content provided by the Seller, in particular the Prices or descriptions of Goods provided within the Store; - abusing the rights granted to the Customer by the Seller or the provisions of the law, in a way that is contrary to the socio-economic purpose of the given right or to the principles of social coexistence.
6. Complaints related to services provided by the Seller electronically can be submitted in particular via BOK (e-mail: [email protected]). In order to speed up the processing of the complaint, please include information on the reasons for the complaint, the Customer's request and information allowing the identification of the Customer, i.e. e.g. order number, date of purchase of the Goods, Customer's name and surname and address details, e-mail address. The Seller shall consider complaints within 14 days of their receipt and shall inform about the result of their processing. In a situation where the data or information provided in the complaints require supplementation, the Seller shall ask the person submitting the complaint to supplement them before processing them.
7. In accordance with Art. 3 sec. 1 point 11 of the Act of 30 May 2014 on consumer rights, the provisions of Chapter 5b of this Act shall not apply.
NEWSLETTER
1. By the agreement for the provision of the newsletter delivery service, the Seller undertakes to regularly deliver to the customer's e-mail address a message containing marketing content, such as information about new assortments, periodic promotions and other aspects of the Store's activities.
2. Signing up for the Newsletter is voluntary and free of charge. In order to conclude an agreement for the Store to deliver the Newsletter, the Customer is obliged to consent to receiving the Newsletter by providing their active e-mail address in the "Subscribe to the newsletter" field.
3. The agreement for the provision of the Newsletter delivery service is concluded when the Customer confirms their will to receive the Newsletter by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer. The Agreement is concluded for an indefinite period.
4. The Customer may terminate the agreement for the provision of electronic services in the scope of providing the Newsletter service at any time with immediate effect by clicking on the deactivation link included in each Newsletter sent to the Customer.
5. The provisions of Chapter 5b of this Act shall not apply to the agreement for the provision of the newsletter service, in accordance with Art. 3 sec. 1 item 11 of the Act of 30 May 2014 on consumer rights.
CONCLUSION OF A SALES AGREEMENT
1. The information provided within the Store constitutes an invitation to conclude an Agreement within the meaning of Art. 71 of the Civil Code, addressed by the Seller to Customers.
2. The Seller allows the Customer to place an Order in the following manner, in sequence:
- The Customer adds the selected Product(s) to the Cart and then proceeds to the Order form. In the event of choosing cash on delivery (i.e. payment on delivery), within one Order it is not possible to order more than 20 pieces of Product(s) in total or several orders with a total value exceeding PLN 10,000 by the same Customer within 31 calendar days;
- The Customer who has a Customer Account confirms in the Order form that the data necessary for the conclusion and execution of the Sales Agreement is up to date. The User who does not have a Customer Account must independently complete the Order form within the scope of his/her data necessary for the conclusion and execution of the Sales Agreement. In each case, providing outdated or false Customer data may prevent the execution of the Agreement;
- The Customer selects the method of payment for the Price and other total costs of the execution of the Agreement indicated in the Order form;
- The Customer sends the Seller an Order using the Store functionality provided for this purpose. In the case of a Customer who does not have an Account and has not previously accepted the Regulations, the Customer accepts the Regulations within the scope of the Sales Agreement;
- mechanical damage to the shipment's contents,
- incompleteness of the shipment,
- inconsistency of the shipment's contents with the subject of the Order,
- 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 provision that after the entrepreneur has provided the service, he will lose the right to withdraw from the contract;
- 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 for withdrawal from the contract expires;
- in which the subject of the provision is a non-prefabricated item, manufactured according to the consumer's specifications or intended to meet their individual needs;
- in which the subject of the provision is an item that spoils quickly or has a short shelf life;
- in which the subject of the provision is an item delivered in in a sealed package which cannot be returned for health or hygiene reasons after opening the package, if the package was opened after delivery;
- where the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
- where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the trader has no control;
- where the consumer has expressly requested the trader to come to them for urgent repairs or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer, or supplies items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items;
- in which the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
- concluded by way of a public auction;
- 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 the day or period for the provision of the service;
- for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the entrepreneur started the service with the express and prior consent of the consumer, who was informed before the start of the service that after the entrepreneur has provided the service, he will lose the right to withdraw from the contract, and has acknowledged this, and the entrepreneur has provided the consumer with confirmation of receipt of consent for the supply of digital content that is not recorded on a tangible medium, if the service has started with the express consent of the consumer before the deadline for withdrawal from the contract expires and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.
- for the provision of services, for which the consumer is obliged to pay a price, in the case of which the consumer has expressly requested the entrepreneur to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.
- send a written declaration of withdrawal to the following address: Bialcon S.A., ul. Celników Polskich 14, 21-500 Biała Podlaska;
- inform the Seller of the will to withdraw via the Customer Service: [email protected]
- in writing;
- e-mail to [email protected];
- via the form provided for this purpose.
- you have the right to withdraw your consent at any time. This will not have negative consequences. We will simply stop sending you our marketing messages. Withdrawal of consent does not affect the previous processing, still based on consent. If you wish to withdraw your consent, edit your profile data or write to us at [email protected].
- you have the right to request access to your personal data;
- you have the right to rectify your personal data or even delete it. Deleting data that is necessary to provide the service is equivalent to deleting your account from the service.
- you have the right to object to the processing of your data and request that this processing be restricted;
- with regard to data for which consent is the basis for processing, you have the right to request their transfer;
- you have the right to lodge a complaint with the President of the Personal Data Protection Office.
Depending on the selected payment method, the Customer may be redirected to the websites of an external payment service provider in order to pay the Price; The Seller sends the Customer confirmation of the terms of the Agreement to the e-mail address provided by the Customer.
3. The Agreement is concluded at the time of payment by the Customer.
4. The Sales Agreement is each time concluded subject to the condition that it is terminated if the Customer does not collect the Goods within 21 days of its conclusion, despite the Seller making at least two attempts to deliver the Goods in accordance with the Order during this period. This period may be extended in the event of prior individual agreement with the Customer on the will to execute the Agreement by the parties and setting a new deadline. In the event of termination of the Agreement due to the fulfillment of the terminating condition, the Seller shall return the Price of the Goods to the Customer, provided that they have already been paid by the Buyer to the Seller, in the manner in which the Seller received payment. If the Seller sends the Goods and the Customer does not collect them, the Seller has the right to deduct or demand a refund of the return shipping costs. The Customer may release themselves from liability by demonstrating that they did not collect the shipment through no fault of their own.
5. In the event that the order cannot be fulfilled because the Goods are unavailable, the Seller shall inform the Customer of this fact and of the possibility of providing a substitute service that corresponds to the quality, purpose and price of the original order. If the Customer does not express their will to receive a substitute service, the Seller shall immediately (no later than within 30 days) return the Price of the Goods and other costs to the Customer, provided that they have already been paid by the Customer to the Seller, in the manner in which the Seller received payment.
6. The Store reserves the right not to accept incorrectly or partially completed order forms, the defects of which make it impossible to complete the order for the Customer.
7. Due to the immediate execution of Orders, the Customer is not entitled to modify it after placing the Order and confirming it by e-mail. However, the Consumer may withdraw from the Sales Agreement on the terms specified in the Returns and Complaints tab.
8. If, after the Customer places an order for several Products, it turns out that the fulfillment of part of the Order will not be possible, the Company will immediately inform the Customer about this by e-mail or telephone. In such a case, the Customer may replace the missing parts with other Products, cancel the Order in the part in which fulfillment is not possible within the specified time or cancel the placed Order in its entirety. In the event of no reaction on the part of the Customer within 7 days, the Seller will return the funds to the Customer's bank account from which the transfer was made. The Seller will notify the Customer of the return electronically.
PRE-ORDER
1. The Seller may periodically allow Customers to reserve Goods before they appear in regular sale (pre-sale).
2. Detailed terms and conditions for concluding agreements referred to in paragraph 1 above are included in separate regulations.
PRICES
1. Price information provided within the Store is binding from the moment the Customer places an order. This price will not change regardless of changes in Prices in the Store.
2. Prices within the Store include all applicable taxes, including VAT, and are given in Polish zloty or another currency.
3. Prices do not include shipping costs. Shipping costs for Goods are displayed on the Store's website during order placement, including immediately before and at the time of confirmation and placement of the order by the Customer. The total value of the order includes the Price and shipping costs. The Seller may, in a period of his choosing, specify the minimum order value threshold for which the delivery of the Goods is free.
4. Promotions applicable in the Store cannot be combined, unless the provisions of the Promotion expressly state otherwise.
PAYMENTS
1. Payments can be made:
by credit card in the electronic payment system accepted by the Seller at the time - in this case, the execution of the Order will begin after the Seller receives confirmation of the correct execution of the payment by the entity executing the payments. The security of credit card transactions via the Internet is guaranteed and implemented by the following payment systems: Przelewy24 - the payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068. Accepted cards are: VISA, MasterCard/EuroCard, Diners Club, JCB, PBK and PolCard.
2. In the event of failure to make payment within 2 (two) business days from the date of placing the order, the Seller has the right to cancel the order.
DELIVERY AND ORDER PROCESSING TIME
1. The Seller of products presented in stores in the Republic of Poland and European Union countries (continental part), described on the Store website at DELIVERY AND PAYMENT.
2. Your order will be shipped no later than 7 business days from the moment the payment is credited to our account, or no later than 7 business days from the moment of payment if you selected the cash on delivery option. In the case of a different delivery time, the result of use, which is the longest use, will vary for individual items.
3. Deliveries outside the Republic of Poland will take up to 14 calendar days.
4. Order processing time depends on the delivery method selected by the Customer.
5. The average order processing time for delivery via courier is 1-3 business days.
6. The Seller informs the Online Store about any temporary limitations in the delivery of Goods before concluding the Agreement on the Online Store website.
7. The delivery fee is indicated on the sales document as a separate item. If the fee is paid by the Seller, the delivery fee item does not appear on the sales document.
8. Delivery is made via courier companies to the address indicated in the Order form. The Customer decides which company will be used for delivery by checking the appropriate box in the Order form. The delivery address indicated by the Customer is the place of fulfillment for the Seller.
9. Deliveries to European countries other than Poland are only made for Orders paid by credit card using the electronic payment system currently accepted by the Seller.
10. Upon receipt of the ordered Goods, it is recommended that the Customer inspect the shipment and indicate that in the event of:
The Customer has the right to refuse acceptance of the shipment. In such a case, we suggest writing down comments or notes of the incident in the presence of the delivery person and immediately notifying the Store of the situation. In any case, if damage occurs, we suggest completing a damage report in the presence of the delivery person.
WITHDRAWAL FROM THE AGREEMENT
1. The consumer has the right to withdraw from the contract without giving a reason within 30 days from the date of receipt of the goods.
2.The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the consumer in relation to contracts:
3. In order to withdraw from the contract, the Consumer may:
3a. The declaration of withdrawal form ("Return Form") is always delivered to the Consumer together with the goods. The consumer can download the form at this link or use the statutory model withdrawal form, which is Annex No. 2 to the Act of 30 May 2014 on consumer rights.
4. The period for withdrawal from the contract begins on the day on which the Consumer took possession of the goods or on which a third party indicated by the Consumer other than the carrier took possession of the goods. In the case of a contract covering many goods that are delivered separately, in batches or in parts, the period for withdrawal from the contract begins on the day on which the Consumer took possession of the last of the goods, the last batch or part or on which a third party indicated by the Consumer other than the carrier took possession of the last goods, the last batch or part.
5. To meet the deadline for withdrawal from the contract, it is sufficient to send a declaration of withdrawal from the contract before the deadline for withdrawal from the contract expires.
6. In the event of withdrawal from the Contract concluded remotely, the Contract is deemed not to have been concluded. The Seller shall return to the Consumer the entire amount paid by him (the Price of the Goods and the cost of shipping to the Customer, if the Customer paid for it), no later than within 14 days from the date of receipt of the declaration of withdrawal from the relevant contract from the Customer. If the Customer chose 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 the additional costs incurred by the Consumer. The Seller shall refund the payment using the same payment methods that the Consumer used, unless the Consumer has expressly agreed to a different method of refund.
7. The Seller may withhold the refund of payments received from the Consumer until the goods are received back or until the Consumer provides proof of sending the goods back, depending on which event occurs first.
8. The Customer returns the goods to the Seller immediately, no later than within 14 days of notifying the Seller of the withdrawal from the Agreement. The goods should be sent to the following address: Bialcon S.A. ul. Celników 14, 21-500 Biała Podlaska. The Consumer is liable for the decrease in the value of the item resulting from its use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.
9. The Customer bears the cost of returning the Goods to the Seller.
10. The Seller recommends attaching the original or a copy of the proof of purchase of the Goods to the declaration of withdrawal from the agreement in order to facilitate the procedure for returning the payment.
CUSTOMER SERVICE
1. The Seller runs a Customer Service Office, which provides Customers with information by phone regarding the Store's business and the status of Orders, on working days from 8:00 to 16:00.
2. The cost of a call to the Customer Service Office results from the basic tariff of the telephone operator.
3. The Service Provider is not an Internet service provider or a provider of other publicly available telecommunications services within the meaning of the Telecommunications Law. The Customer should obtain access to a computer station or terminal device on their own, via which it is possible to place an Order or use the Seller's services, including establishing a connection with the Customer Service Office.
LICENSE
1. Exclusive rights to the Content provided/placed within the Store by the Seller or its contractors, in particular copyright, the name of the Store (trademark), graphic elements, software and rights in the scope of databases are subject to legal protection and are vested in the Seller or entities with which the Seller has concluded appropriate agreements. The Customer is entitled to use the aforementioned Content free of charge, as well as to use the Content placed in accordance with the provisions of law and already distributed by other Customers within the Store, but only for their own personal use and only for the purpose of proper use of the Store. Using the Content in another scope is permissible only on the basis of express, prior consent, granted by the entity authorized to do so, in writing under penalty of nullity.
2. The Customer, by placing any Content in the Store, in particular graphics, comments, opinions or statements on the Customer Account or elsewhere in the Store, hereby grants the Seller a non-exclusive, free license to use, save in computer memory, change, delete, supplement, publicly perform, publicly display, reproduce and distribute (in particular on the Internet) this Content, throughout the world. This right includes the right to grant sublicenses to the extent justified by the performance of the Sales Agreement or the Service Provision Agreement, as well as the authorization to exercise, independently or through third parties, dependent rights in the scope of developing, adapting, processing and translating the work within the meaning of the Copyright and Related Rights Act of February 4, 1994.
LIABILITY FOR LACK OF CONFORMITY OF THE GOODS WITH THE CONTRACT
1. The Seller is obliged to deliver the Goods in accordance with the contract. The Seller shall be liable to the Customers for the non-conformity of the goods with the contract under the terms specified in the provisions of Chapter 5a of the Act of 30 May 2014 on consumer rights. The provisions of the third book of Title XI of Section II of the Civil Code (Art. 556–576) shall not apply.
2. The goods are in accordance with the contract if, in particular:
a) their description, type, quantity, quality and completeness are in accordance with the contract;
b) their suitability for the specific purpose for which they are needed by the consumer, which the consumer notified the entrepreneur no later than at the time of conclusion of the contract and which the Seller accepted, is in accordance with the contract;
c) they are suitable for the purposes for which goods of this type are usually used;
d) they occur in such quantity and have such features, including durability and safety, as are typical for goods of this type and which the consumer may reasonably expect, taking into account the nature of the goods and the public assurances of the Seller.
3. The Seller shall not be liable for the lack of conformity with the contract to the extent referred to in paragraph 2 above, if the Customer has been expressly informed that a specific feature of the goods deviates from the requirements of conformity with the contract indicated in this paragraph and, at the latest at the time of conclusion of the contract, has expressly accepted the lack of a specific feature of the goods.
4. Complaints regarding the lack of conformity of the goods with the contract (non-conformity of the Goods with the Sales Agreement) may be submitted in writing to the Seller's address or by e-mail [email protected]. The complaint should include, in particular, the contact details of the person filing the complaint, an indication of the reason for the complaint together with a description of the non-conformity of the goods with the contract and the content of the request. The consumer can download the complaint form at this link. Each complaint must be accompanied by proof of purchase, unless you do not have it. The Seller will consider the complaint within 14 days.
5. If the sold Goods are inconsistent with the agreement, the Customer may:
a) request the exchange of the Goods for defect-free ones;
b) request the removal of the defect;
c) submit a declaration of a price reduction or withdrawal from the Sales Agreement, if at least one of the conditions in par. 6 is met. The reduced price should remain in such proportion to the price resulting from the agreement, in which the value of the Goods with the defect remains to the value of the Goods without the defect.
6. The right referred to in par. 5 letter c zd. 1 is due if:
a) The Seller refused to replace or repair the goods due to impossibility or excessive costs;
b) The Seller did not replace the Goods that were not in accordance with the contract with those that were in accordance with the contract or did not remove this inconsistency within a reasonable time and without excessive inconvenience to the Customer;
c) The Goods have already been replaced or repaired by the Store, and the lack of conformity with the contract still persists;
d) the significance of the lack of conformity of the goods with the contract justifies a price reduction or withdrawal from the contract without an attempt to replace or repair;
e) It follows from the circumstances or the Seller's statement that he is unable to bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience.
7. A statement of price reduction or withdrawal from the contract due to the lack of conformity of the goods with the contract may be included in the complaint referred to in par. 4, or submitted in a separate letter or document - par. 4 shall then apply accordingly.
8. The Customer may not withdraw from the Sales Agreement if the defect is insignificant.
9. If the Customer finds that the Goods are not in conformity with the Sales Agreement, the Customer should return the Goods subject to complaint to the Seller's address along with the complaint, unless the complaint was filed via e-mail. The Seller shall bear the shipping costs. If the Customer effectively withdraws from the agreement or submits a declaration of a price reduction, the Seller shall return to the Customer the amount due or the difference between the price paid and the reduced price within 14 days of receipt of the goods subject to complaint.
10. The Seller shall be liable for the lack of conformity of the goods with the contract if it is disclosed before the expiry of two years from the date of delivery of the Goods, unless the Seller has fraudulently concealed such lack.
11. The Seller shall not be liable if the products offered for sale do not meet the individual expectations of the Customer.
TERMINATION OF THE SERVICES AGREEMENT AND AMENDMENT OF THE REGULATIONS
1. These Regulations shall enter into force on the date of their publication within the Store.
2. The Customer may terminate the Service Provision Agreement with immediate effect, at any time, by deleting the Customer Account and sending an appropriate statement to the Seller, in the form of:
3. The Seller may terminate the Service Provision Agreement with the Customer at any time with a one-month notice period for important reasons. The Seller shall send its statement in this respect to the e-mail address provided by the Customer when creating the Customer Account or placing an Order.
4. The Seller may terminate the Customer's Service Agreement with immediate effect and/or deny the Customer further right to use the Store and place Orders, as well as limit their access to part or all of the Content, for important reasons, i.e. in the event of a gross breach by the Customer of these Regulations, i.e. in situations where the Customer violates the Customer's obligations enumerated in these Regulations, the Seller shall send its statement in this respect to the e-mail address provided by the Customer when creating the Customer Account or placing an Order.
5. The Customer to whom the provision of paragraph 4 above has been applied may use the Store after prior contact with the Seller (via Customer Service) and obtaining the Seller's consent to continue using the Store.
6. The Seller may amend these Regulations at any time, provided that such changes do not violate the rights acquired by the Customer or the provisions of applicable law. Amendments to the Regulations shall apply from the moment they are clearly indicated and placed on the Store's website for Customers who are not registered in the Store. In the case of registered Customers, i.e. those with a Customer Account, they have the right to terminate the Agreement within 14 days from the date of notification of the change to the Regulations. If they do not exercise this right, the provisions of the amended Regulations will be binding on them. The change to the Regulations is irrelevant to Sales Agreements already concluded by the Customer and the Seller.
INFORMATION ON THE PROCESSING OF PERSONAL DATA
1. The Store processes the personal data of Customers.
2. Detailed principles of data processing and protection, the purposes of such processing, the categories of processed data, and the rights of Customers related to personal data are included in the Privacy Policy, available at this link The administrator of the data provided by you is BIALCON S.A. with its registered office in BIAŁA PODLASKA (21-500, UL. CELNIKÓW POLSKICH 14), the data administrator can be contacted via e-mail at [email protected] or in writing to the following address: Bialcon S.A. with its registered office in BIAŁA PODLASKA (21-500, UL. CELNIKÓW POLSKICH 14)
WHAT DATA DO WE PROCESS?
We only process the data that you provide to us. To register on our website, we require you to provide: e-mail address, first name, last name, postal address, telephone number. Processing of this data is necessary for us to conclude a sales contract, contact you about it and deliver the goods you ordered. An automatic system also operates on our website, which helps us to best match our offer to you. We do not make automatic decisions that affect your rights. We simply want our offer to be directed to you.
PURPOSE OF PROCESSING
The main purpose for which we process your personal data is to conclude a contract. We want to sell our products, and you want to buy them. We are proud that you have chosen us. If you have given your consent, your data that you have provided to us will be used for marketing purposes. We will send you messages containing information about available promotions, events, competitions and bonuses. If you have provided data other than an e-mail address, we will be able to personalize offers and messages especially for you. Thanks to this, you will receive information that meets your interests and preferences. Nobody likes spam. In order to continuously improve our service, we process the data you have provided us with for statistical purposes. We want to be better and better, which is why we need to know our users perfectly. If you have any questions, feel free to write to us. We will answer all your doubts.
BASIS FOR PROCESSING
The data you provide when registering on our service, which is necessary for the shipment, is processed on the basis of a contract. We need to know your name, surname and address so that we can send the package and at least your e-mail so that you can register on our service and we can contact you. The data that you provide voluntarily for marketing purposes is processed by us on the basis of your consent, which can be withdrawn at any time. The data that you provide voluntarily is also used by us for statistical purposes. The basis for their processing is our legitimate interest. We need to know what is happening on our website and we also try to constantly improve it.
WHO DO WE TRANSFER YOUR DATA TO?
To ensure the highest quality of services, we use the services of external suppliers. We select our partners extremely carefully. Below we present the categories of entities to which we transfer data: 1) courier companies; 2) hosting company; 3) payment systems; 4) marketing tools.
YOUR RIGHTS
If you have any doubts, questions or would like to learn even more, feel free to write. We will answer! Remember that:
HOW LONG DO WE STORE YOUR DATA?
As long as you are with us, your data is processed by us. When you delete your account, your data will still be stored by us only for the limitation period of claims.
FINAL PROVISIONS
1. These Regulations enter into force on 14.04.2025.
2. The place of conclusion of the Sales Agreement and the Service Provision Agreement is the Seller's registered office.
3. The law applicable to the conclusion of the Agreement is the law of the Republic of Poland, and the courts are common courts in the Republic of Poland, unless otherwise provided for in mandatory provisions of law.
4. The Seller may modify the technical method of implementing the Service, in particular for technological reasons (development of browsers and technologies), but without impairing its quality, and without affecting the scope of the rights and obligations of the Customer and the Seller.
5. The Seller shall provide technical and organizational measures appropriate to the level of risk to the security of the services provided under the Service Provision Agreement.
6. Customers may access these Regulations at any time.
7. The recording, securing, making available and confirmation to the Customer of the essential provisions of the Goods Sale Agreement shall be made by sending the Customer a printout of the confirmation, order specification and receipt to the provided e-mail address and by attaching a printout of the confirmation, order specification and receipt to the shipment containing the Goods.
8. The consumer may obtain free assistance in the matter of his rights and in the matter of a dispute between him and Bialcon S.A., among others by contacting the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection. Information for consumers, including information on the possibility of obtaining assistance, is also available on the website of the President of the Office of Competition and Consumer Protection uokik.gov.pl in the "Resolution of consumer disputes" tab. We would also like to remind you that the e-mail address at which you can contact us is: [email protected].