Account Terms and Conditions

ACCOUNT TERMS AND POLICY

in BIOSCALING store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of withdrawal
§ 7 Personal data
§ 8 Changes to the Regulations or Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – A Service Recipient who is a natural person and who has concluded an agreement for maintaining an Account under the Regulations or is taking steps to conclude such an agreement, without any direct connection with his/her business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, thanks to which the Service Recipient can use additional functions in the Store.
Privileged Entrepreneur - A Service Recipient who is a natural person concluding an agreement for maintaining an Account under the Regulations (or taking steps to conclude it), directly related to his/her business activity, but not of a professional nature.
Regulations - these Account regulations.
Store – BIOSCALING online store run by the Service Provider at www.bioscaling.com
Service Recipient - any entity that has concluded an agreement for maintaining an Account or takes steps to conclude it.
Privileged Service Recipient – A Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider - LABB PROSTA JOINT STOCK COMPANY with its registered office at ul. Jarosława Iwaszkiewicza 31/11, 10-089 Olsztyn, entered into the National Court Register - register of entrepreneurs by DISTRICT COURT IN OLSZTYN, 8TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, pod nr KRS 0001087241, NIP 7393996447, REGON number 52781828000000, share capital 1000.00 PLN, paid-up capital 1000.00 PLN, share capital 1000.00 PLN.
Consumer Rights Act – Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Mailing address: Jarosława Iwaszkiewicza 31/11, 10-089 Olsztyn
  2. E-mail address: info@bioscaling.com
  3. Phone: 503506888
  4. The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider whose services the Service Recipient uses. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of an Account you need:
    • active email account,
    • a device with Internet access,
    • a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and depends on your will. Service recipients.
  2. The account gives the Service User additional options, such as: viewing the history of orders placed by the Service User in the Store, checking the order status or independently editing the Service Recipient’s data.
  3. To create an Account, complete the appropriate form in the Store.
  4. When an Account is created, an agreement is concluded for an indefinite period of time between the Service Recipient and the Service Provider to maintain the Account on the terms specified in the Regulations.
  5. The Service Provider shall commence the provision of the Account management service pursuant to the principles set out in the Regulations immediately after concluding the Account management agreement.
  6. The Service Recipient may cancel the Account at any time without incurring any costs.
  7. Deleting the Account results in the termination of the Account management agreement. In order for the Service Provider to delete the Account, you must send your resignation from the Account to the Service Provider's e-mail address provided in § 2 of the Regulations, which will result in immediate deletion of the Account and termination of the Account management agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

  1. The Service Provider requests that complaints regarding the Account be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.

II PRIVILEGED SERVICE RECIPIENTS

  1. The Service Provider is liable to the Privileged Service Recipient for the compliance of the provision with the agreement, as provided for by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
  2. In the event of improper performance of the Account management agreement by the Service Provider, the privileged Service User may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not provided the digital service, the privileged Service User may call upon them to provide it. If, despite this, the Service Provider fails to provide the digital service immediately or within an additional period expressly agreed by the Service Provider and the privileged Service User, the privileged Service User may withdraw from the Account management agreement.
  4. A privileged service recipient may withdraw from the Account management agreement without requesting the provision of a digital service if:
    1. it is clear from the Service Provider's statement or the circumstances that he will not provide the digital service or
    2. The privileged Service User and the Service Provider agreed, or it clearly follows from the circumstances of concluding the agreement on maintaining the Account, that the specified deadline for delivery of the digital service was of significant importance to the privileged Service User and the Service Provider failed to deliver it within that deadline.
  5. The Service Provider is liable for any lack of compliance with the agreement on maintaining the Account for a digital service provided on a continuous basis, which occurred or became apparent at the time when the service was to be provided in accordance with this agreement.
  6. If a digital service is inconsistent with the Account management agreement, the privileged Service User may request that it be brought into compliance with that agreement.
  7. In the event of a lack of compliance of the digital service with the Account management agreement, the Privileged Service User is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for them, in order to determine whether the lack of compliance of the digital service with the Account management agreement in a timely manner results from the characteristics of the Privileged Service User's digital environment.
  8. In addition, if the digital service is inconsistent with the Account management agreement, the privileged Service User may submit a declaration of withdrawal from this agreement when:
    1. bringing the digital service into compliance with the Account management agreement is impossible or requires excessive costs pursuant to Article 43m paragraphs 2 and 3 of the Consumer Rights Act;
    2. The Service Provider has failed to bring the digital service into compliance with the Account Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service User of the lack of compliance with this agreement, and without excessive inconvenience to the Privileged Service User, taking into account the nature and purpose of the digital service for which it is used;
    3. the lack of conformity of the digital service with the Account management agreement persists, even though the Service Provider has attempted to bring the digital service into conformity with that agreement;
    4. the lack of conformity of the digital service with the Account management agreement is significant enough to justify withdrawal from the Account management agreement without prior use of the protection measure specified in Article 43m of the Consumer Rights Act (i.e. requesting that the digital service be brought into conformity with the agreement);
    5. it clearly follows from the Service Provider's statement or the circumstances that he will not bring the digital service into compliance with the Account agreement within a reasonable time or without excessive inconvenience to the Privileged Service User.

III OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES

  1. The Service Provider informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle out-of-court disputes. The Consumer may use, among others:
    • assistance of the appropriate European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. The list of Consumer Centres competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
    In addition, in the Republic of Poland you can use the following forms of support:
    • mediation conducted by the relevant Voivodship Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
    • assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php
  2. The previous provision is informative and does not constitute an obligation for the Service Provider to use extrajudicial means of resolving disputes.
  3. The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
  4. The consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A privileged Service User has the right to withdraw from the Account management agreement concluded with the Service Provider within 14 days without giving any reason.
  2. The deadline for withdrawal from the Account management agreement expires after 14 days from the date of conclusion of the agreement.
  3. In order for the privileged Service User to be able to exercise the right to withdraw from the contract, he or she must inform the Service Provider, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
  4. A privileged service recipient may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
  5. In order to meet the deadline for withdrawal from the contract, it is sufficient for the privileged Service User to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal expires.

§ 7 PERSONAL DATA

  1. The administrator of personal data provided by the Service User in connection with the conclusion of the Account management agreement is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and the basics of data processing, as well as the recipients of the data, can be found in the policy available in the Store privacy – due to the principle of transparency, included in the general regulation of the European Parliament and (EU) Data Protection Regulation – "GDPR".
  2. The purpose of processing the Service Recipient's data is to maintain the Account. The basis for processing personal data in this In this case, the Account management agreement or actions taken at the request of the Service Recipient aimed at its conclusion conclusion (Article 6, paragraph 1, letter b of the GDPR), as well as the legitimate interest of the Service Provider, consisting in processing data for the purpose of establishing, pursuing or defending possible claims (Article 6 (1) (f) of the GDPR).
  3. Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude an agreement for maintaining an Account and providing services covered by it. Failure to provide data means that the agreement for maintaining an Account cannot be concluded, the Service Provider will not be able to provide services covered by it.
  4. The Service Recipient’s data will be processed until:
    1. the Account management agreement will cease to apply;
    2. the possibility of pursuing claims by the Service Recipient or Service Provider related to the Account will cease;
    3. the Service Recipient's objection to the processing of his/her personal data will be accepted - in the event that the basis for data processing was the legitimate interest of the Service Provider
    – depending on what applies in a given case.
  5. The Service Recipient has the right to request:
    1. access to your personal data,
    2. their corrections,
    3. deletions,
    4. restrictions on processing,
    5. transferring data to another administrator
      and also the law:
    6. to object at any time to the processing of data for reasons related to particular the situation of the Service Recipient - in relation to the processing of personal data concerning him, based on Article 6 paragraph 1 letter f of the GDPR (i.e. legally justified interests pursued by the Service Provider).
  6. In order to exercise his/her rights, the Service Recipient should contact the Service Provider.
  7. If the Service Recipient considers that their data is being processed unlawfully, the Service Recipient may file a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE REGULATIONS OR ACCOUNT

  1. The Service Provider reserves the right to change the Regulations only for important reasons. An important reason is understood as the need to change the Regulations caused by:
    1. a change in the functionality of the Account, requiring a modification of the Regulations or
    2. a change in legal regulations affecting the performance of the Account management agreement by the Service Provider or adapting the services to recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorized public authorities or
    3. change of the contact or identification details of the Service Provider.
  2. Information about the planned change to the Regulations will be sent to the Service Recipient's e-mail address assigned to the Account at least 7 days before changes come into effect.
  3. If the Service Recipient does not object to the planned changes before they enter into force, it is assumed that he or she accepts them, which does not constitute any obstacle to terminating the contract in the future.
  4. In the event of non-acceptance of the planned changes, the Service Recipient should send information about this to the Service Provider's e-mail address provided in § 2 of the Regulations, which will result in termination of the Account management agreement upon entry into force of the planned changes.
  5. The Service Provider may make a change to the Account that is not necessary to maintain its compliance with the Account maintenance agreement, for the reason indicated in paragraph 1 letter b or due to a change in the functionality of the Account. The introduction of the change referred to in the previous sentence will not involve any costs on the part of the privileged Service User. The provisions of paragraphs 2-4 shall apply accordingly.
  6. If the change referred to in paragraph 5 significantly and negatively affects the access of the Privileged Service User to the Account or use thereof, the Service Provider shall send to the e-mail address of the Privileged Service User, in due advance, on a durable medium, information about the characteristics and date of making this change and the rights of the Privileged Service User in connection with this change.

§ 9 FINAL PROVISIONS

  1. The Service Recipient is prohibited from providing content of an illegal nature.
  2. The Account management agreement is concluded in Polish.
  3. The agreement concluded on the basis of these Regulations is subject to the provisions of Polish law, subject to paragraph 4.
  4. The choice of Polish law for an agreement concluded on the basis of the Regulations with the Consumer does not waive or limit the rights of the Consumer to which he is entitled under the mandatory provisions of law, which are applicable to the Consumer in a situation where there is no choice of law. This means in particular that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law - this broader protection shall apply.
  5. In the event of a potential dispute with a Service Recipient who is not a privileged Service Recipient, related to the Account management agreement, the competent court will be the court having jurisdiction over the registered office of the Service Provider.
  6. Any liability of the Service Provider in connection with the Account management agreement towards a Service Recipient who is not a privileged Service Recipient is excluded, to the extent permitted by law.

Annex No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer or Privileged Entrepreneur may, but does not have to, use:

SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

LABB SIMPLE JOINT STOCK COMPANY
Jarosława Iwaszkiewicza 31/11, 10-089 Olsztyn
adres e-mail: info@bioscaling.com

- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract for the provision of the following service(*) / for the delivery of digital content in the form of(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the contract(*)

..............................................................................................................................................................................

- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

- Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is submitted in paper form)

Data ............................................

(*) Delete where not applicable.

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