BIZUU ONLINE SHOP TERMS AND CONDITIONS
I. GENERAL PROVISIONS
These Online Shop Terms and Conditions (hereinafter referred to as the "Terms and Conditions") define the rules under which the Seller and the Customers shall conclude agreements for the distance sale of goods by means of electronic communication, in particular by e-mail, through the Seller's website available at www.bizuu.pl and the rules for the provision of electronic services by the Seller through the aforementioned website. The Terms and Conditions constitute an integral part of a sale agreement with a Customer.
Exclusive rights to content made available as part of services provided via the Online Shop, in particular copyrights, the name of the Shop (trademark), graphic elements included in it, software and database rights are legally protected and vested in the Seller or entities with which the Seller has concluded relevant agreements.
Customers may access these Terms and Conditions at any time free of charge via the "Terms and Conditions" tab on the Shop's Website and print them.
II. DEFINITIONS OF NAMES USED IN THE TERMS AND CONDITIONS
Seller, Administrator – Bizuu spółka z ograniczoną odpowiedzialnością sp.k. with its registered office in 61-823 Poznań at ul. Piekary 12/5, entered in the Register of Entrepreneurs kept by the Poznań Nowe Miasto District Court in Poznań, 8th Commercial Division of the National Court Register under KRS (National Court Register) number 301803683, NIP (Tax ID) 7831677097, REGON (Business ID) 301803683.
Shop, Online Shop - an ICT platform (a system of information and remote selection and purchase of Goods or provision of services electronically), enabling Customers to view the Goods of the Seller, which is available at www.bizuu.com and conducts mail order sales of Goods from its current range of products in the territory of Poland, owned by the Seller.
Shop Office - Poznań, ul. Piekary 12/5.
Brick and mortar shops are located in:
• Poznań, Stary Browar, ul. Półwiejska 32,
• Warsaw, ul. Koszykowa 24,
• Katowice, Silesia City Center, ul. Chorzowska 107,
• Gdynia, C.H.Klf, Al. Zwycięstwa 256.
Website – Website available at www.bizuu.pl
Working days – weekdays from Monday to Friday, excluding public holidays.
Lead Time – the time it takes for the Shop to complete an order and dispatch it in the manner chosen by the Customer.
Customer – a natural person with full legal capacity, a legal person or an organisational unit without legal personality to which separate regulations grant legal capacity, making purchases in the Shop as specified in the Terms and Conditions.
Consumer – a natural person who makes a legal transaction with the Seller which is not directly connected with their business or professional activity.
Entrepreneur - means a natural person, a legal person or an organisational unit which is not a legal person but which is endowed with legal capacity by law that pursues business or professional activities in their own name and that performs a legal action directly related to their business or professional activity.
Entrepreneur with rights of the Consumer - means a natural person concluding a Sale Agreement directly related to that person's business activity, where it follows from the content of the Sale Agreement that it is not of a professional nature for that person, arising in particular from the subject of that person's business activity, made available on the basis of the provisions on the Central Register and Information Record on Business Activity
Sale Agreement- means a distance sale agreement, concluded as specified in the
Terms and Conditions, between the Customer and the Seller Terms and Conditions – these Terms and Conditions.
Delivery - means the actual act of supplying the Customer with the Goods specified in the order by the Seller through the Supplier.
Supplier - means the courier company with which the Seller cooperates in delivering the Goods, as well as the Polish Post Office.
Password – a sequence of letters, numbers and special characters consisting of at least 5 in total, individually determined by the Customer upon Registration. The password is confidential and may be changed by the Customer at any time, with the Customer being solely responsible for any consequences of the disclosure of the password, except where the disclosure of the Customer's password is the fault of the Administrator, in particular as a result of inadequate data security. Registration – assigning a login (e-mail address) and a password to a person who wishes to use all functionalities of the Online Shop to identify them. Registration can be made by selecting the "Register" option on the Website and following the further instructions.
Goods – the goods as described on the Website in respect of which the Seller has posted information on the possibility of purchase.
III. TECHNICAL CONDITIONS OF USE OF THE FUNCTIONALITIES OF THE SHOP
1. Those wishing to use the functionality of the Shop should have hardware and software meeting the following minimum requirements:
a) a personal computer or mobile device (phone, tablet) and a network card or modem to access the Internet, b) Windows, Android, Mac OS or Linux operating system with a graphical environment, standard web browser (Internet Explorer, Mozilla Firefox, Opera, Chrome, Safari), supporting encrypted SSL connections, Java Script applications and cookies, c) connection to the Internet. The Seller stipulates that if the above requirements are not fulfilled, it shall not enable the Customer to place an order via the Website, nor to carry out the procedure of concluding an agreement, nor to perform the concluded agreement.
2. In order to place an order in the Online Shop via the Shop’s Website and to use the services provided electronically via the Shop’s Website, it is necessary for the Customer to have an active e-mail account.
3. The primary threat to any Internet user, including those using e-services, is the possibility of their ICT system being infected by various types of dangerous software. In order to avoid the associated risks, Customer should equip their computer or Internet-connected mobile device with anti-virus software and keep it up-to-date. The Seller also informs that the particular risks associated with the use of the service provided electronically, including the one described in the Terms and Conditions, are connected with the activities of hackers aiming to break into both the Seller's and the Customer's systems. The Customer hereby acknowledges that, despite the use of all available measures by the Seller, there is no absolute protection against the aforementioned risks.
4. The Seller uses cookie files, which are saved on the hard drive of their end device during the Customer's use of the Shop's Website. The use of cookies is intended to make the Shop’s Website work correctly on the Customer’s devices. This mechanism does not damage the Customer's device and does not cause configuration changes to the Customer's devices or the software installed on these devices. The Customer can disable the "cookies" mechanism in the browser of their equipment The Service Provider points out that disabling "cookies" may, however, make it difficult or impossible to use the Shop's Website.
IV. ACCOUNT REGISTRATION
1. In order to create an account in the Online Shop, the Customer is required to correctly register free of charge: a) enter the following data in the "Registration" tab: first name, last name, e-mail address, delivery address, telephone number and set a Password for the account, b) accept the Terms and Conditions and Privacy Policy once reading.
2. The Customer's acceptance of the Terms and Conditions includes the simultaneous submission of the following statements by the Customer: a) I have read and accept the Terms and Conditions, b) I have voluntarily started to use the Seller's services under the Terms and Conditions, c) I declare that the data contained in the registration form are correct, and furthermore I acknowledge that if the above declaration proves to be false, I will be held liable under the provisions of Polish law, d) I have read the Privacy Policy regarding the processing of my personal data
3. Upon submission of the completed registration form, the Customer shall immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Seller of the account. At this moment, an agreement for the provision of electronic account services is concluded and the Customer gains the ability to access the account and make changes to the data provided during Registration.
4. Registration is not necessary to place an order in the Online Shop.
V. CUSTOMER'S OBLIGATIONS
The Customer is in particular obliged to: a) observe copyright and industrial property rights, including those resulting from the registration of inventions, patents, trademarks, utility and industrial designs of the Administrator and third parties, as well as observe image protection rights, b) refrain from providing content that is illegal and violates the Terms and Conditions, c) refrain from any action which might hinder or interfere with the functioning of the Website and the Shop.
VI. RECEIVING AND PROCESSING ORDERS
The Seller sells Goods via the Internet. The Seller shall post up-to-date information on available products and services on the Website. The information provided on the Website does not constitute an offer as defined in the Civil Code, but an invitation to the Customer to submit an offer to conclude a sale agreement. The terms and conditions of the sale agreement are defined by these Terms and Conditions, the applicable legal regulations and any individual agreements between the Seller and the Customer.
Orders placed by the Customer are accepted via the order form available on the Website.
In the order on the Website, by completing the relevant fields, the Customer: a) selects the Goods, b) selects the method of delivery of the Goods, c) provides the delivery address of the Goods, d) declares willingness to receive the invoice, the manner in which it is delivered and any other information necessary to issue the invoice.
1. At the beginning of the ordering process, the Seller informs the Customer of any restrictions on the method of delivery of the Goods and the payment methods accepted.
2. Immediately prior to placing the order, the Seller shall inform the Customer of the method of communication with the Customer, the main characteristics of the service and the total price of the Goods (including in particular taxes and delivery costs).
3. The ordering process is completed by the Customer by confirming the final order.
4. The sale agreement shall be deemed concluded upon receipt by the Seller of the Customer's confirmation of the information set out in section 3, i.e. confirmation of the order.
5. The Seller reserves the right to receive additional confirmation by telephone.
6. The Seller shall immediately send the Customer a confirmation of the conclusion of the agreement by e-mail.
7. Placing orders in the Shop is possible 24 hours a day, all days of the year. Possible exceptions are system failures and system overhauls/maintenance. Both orders and all declarations of will and knowledge addressed by the Seller to the Customers are made in Polish.
VII. INVOICES AND RECEIPTS
1. An electronic invoice serves as the confirmation of the concluded sale transaction of the Goods. The request to receive a VAT invoice is always made by the Customer by ticking the appropriate box on the order form. To do so, the Customer is required to provide the information necessary to issue the VAT invoice.
2. The electronic invoice or VAT invoice is sent by the Shop to the e-mail address indicated in the order.
3. The Shop reserves the right to send a VAT invoice in the form of a PDF file. In order to be able to receive and view the invoice as a PDF file, the Purchaser must have a PDF viewing program (e.g. free Adobe Acrobat Reader), which they shall instal on their own.
VIII. PRICE OF GOODS
1. All prices of the Goods given on the Shop's website are expressed in Polish zloty and correspond to the total price of the Goods, including any applicable taxes.
2. The price quoted for the Goods displayed in the Shop's offer is binding at the time the order is accepted for fulfilment.
3. The Seller reserves the right to change prices of Goods available in the Shop, introduce new Goods to the Shop’s product range, conduct and cancel promotional campaigns on the Website or introduce changes to them. The above right shall not affect the prices of Goods in orders placed before the date of the change in price, conditions of promotions or sales.
IX. DELIVERY METHOD AND COSTS
1. The Goods shall be delivered in the manner selected by the Customer from among the possibilities indicated in this point, as specified in the order.
2. The Delivery is carried out via the Supplier i.e. the courier: DPD, INPOST.
3. The cost of Delivery by courier shall be added to the cost of the Goods ordered and shall be communicated to the Customer immediately prior to placing the order.
4. If the Goods are not received more than seven days after the scheduled Delivery date, the Customer should report this fact to the Seller by phone (at +48 785392295) or by e-mail (e-mail address: sklep@bizuu.pl) in order to initiate the complaint procedure with the Supplier of the Goods. The charge for calling this number corresponds to the charge for a normal telephone call according to the tariff package of the Customer’s service provider.
X. LEAD TIME
1. The Goods are dispatched within 2-5 working days after the receipt of payment for the Goods, or - if cash on delivery is selected as a form of payment in accordance with point XI item 1 b) - after the Seller receives confirmation of the order in accordance with point V item 7.
2. The Seller shall not be liable for any non-delivery of Goods or delay in Delivery caused by an incorrect or inaccurate address provided by the Customer.
3. When acting on behalf of the Customer, the Seller dispatches the ordered Goods in the manner indicated by the Client: through a courier company.
4. The Seller shall provide the Customer with the details of the date of dispatch and the consignment number.
5. The Seller does not provide postal or courier services.
XI. PAYMENT METHODS
1. The Shop accepts the following payment methods: a) via a specialised e-transfer service provider - the Goods are released or dispatched on the basis of confirmation of payment by the payment processing company only, b) cash on delivery - payment to the Supplier at the time of delivery of the Goods, c) by credit card.
2. The processing of an order in the cases referred to in section 1 a), c) and d) shall commence upon receipt of confirmation of the correct execution of the operation from the payment operator.
XII. COMPLAINTS
1. All Goods available in the Shop come from a legal source, are genuine and free from defects.
2. The Seller shall ensure that the Goods are delivered free of physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
3. A complaint may be made by the Customer in any way that sufficiently reveals the Customer's will. In order to facilitate the processing of a complaint, the defective Goods should be returned to the Shop's Office or sent directly to the office address: BIZUU COMPLAINTS - ul. Piekary 12/11, 61-823 Poznań. In the case of a Customer who is a Consumer and an Entrepreneur with rights of the Consumer, the cost of delivery is paid by the Seller. The package should be accompanied by a description of the complaint .
4. The Seller shall be liable to the Consumer for any lack of conformity of the Goods with the Sale Agreement existing at the time of delivery and disclosed within two years from that time, unless the Goods' shelf life, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. If the Goods do not comply with the Sale Agreement, the Consumer may request repair or replacement.
5. The Seller may make an exchange when the Consumer demands a repair, or the Seller may make a repair when the Consumer demands replacement if bringing the Goods into conformity with the Sale Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If the impossibility or the unreasonable level of costs concerns both the repair and replacement, the Seller may refuse to bring the Goods into conformity with the Agreement. When assessing the unreasonable costs for the Seller, all the circumstances of the case shall be considered, in particular the significance of the non-conformity of the Goods with the Sale Agreement, the value of the Goods in conformity with the Sale Agreement and the excessive inconvenience for the Consumer caused by the change in the manner of bringing the Goods into conformity with the Sale Agreement.
6. The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller was informed by the Consumer of the non-conformity of the Goods with the Sale Agreement and without undue inconvenience for the Consumer, considering the specific nature of the Goods and the purpose for which the Consumer has purchased them.
7. The costs of repair or replacement of the Goods shall be borne by the Seller. The Consumer is obliged to make the Goods subject to repair or replacement available to the Seller for collection at the Seller's expense.
8. The Consumer may make a declaration to reduce the price or withdraw from the agreement if the Goods do not comply with the Sale Agreement when: a) the Seller has refused to bring the Goods into conformity with the Sale Agreement; a) the Seller has failed to bring the Goods into conformity with the Sale Agreement; c) the Goods continue to be not in conformity with the Agreement despite the fact that the Seller has tried to bring the Goods into conformity with the Sale Agreement; d) the non-conformity of the Goods with the agreement is such as to justify an immediate reduction in price or withdrawal from the Sale Agreement; e) it is clearly results from the Seller's statement or the circumstances that the Seller will not bring the Goods into conformity with the agreement within a reasonable time or without undue inconvenience for the Consumer.
9. The reduced price must remain in such proportion to the price under the Sale Agreement as the value of the Goods not in conformity with the Sale Agreement remains to the value of the Goods in conformity with the Sale Agreement. The amount due resulting from the exercise of the right to reduce the price shall be reimbursed no later than within 14 days of receipt of the Consumer's declaration of price reduction.
10. The Seller may not accept the Consumer's declaration on withdrawal from the Sale Agreement if the Seller demonstrates that the lack of conformity of the Goods with the Sale Agreement is insignificant.
11. In the event of withdrawal from the Sale Agreement, the Consumer shall immediately return the Goods to the Seller at the latter’s cost. The Seller shall refund the price no later than 14 days after receipt of the Goods or proof of their return.
12.The Customer who is a Consumer has the possibility to make use of out-of-court methods of handling complaints and asserting claims. In particular, the Consumer may: • request a permanent amicable consumer court operating at the Trade Inspection to resolve a contractual dispute, • request the regional inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute, • use the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). • Detailed information about the possibility for the Customer who is a Consumer to use out-of-court procedures for handling complaints and asserting claims, as well as rules of access to these procedures, are available at the offices and websites of a district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection: - http://www.uokik.gov.pl/spory_konsumenckie.php; - http://www.uokik.gov.pl/sprawy_indywidualne.php; - http://www.uokik.gov.pl/wazne_adresy.php.
XIII. RIGHT OF WITHDRAWAL
1. The Customer who is a Consumer and the Entrepreneur with rights of the Consumer who has concluded a Sale Agreement via the Online Shop may withdraw from it within 14 days without stating any reason. If the option "gift wrapping" is selected, the Customer is entitled to return the products. However, this applies only to the products themselves and not to the decorative packaging.
2. The period for withdrawal from the Sale Agreement shall commence from the moment the Goods are taken into possession by the Consumer, the Entrepreneur with rights of the Consumer or a third party other than the Supplier designated by them.
3. The eligible persons referred to in sections 1 and 2 above may withdraw from the Sale Agreement by submitting a statement of withdrawal to the Seller. The statement may be made as a form, a specimen of which is provided by the Seller below as Appendix No. 1: Withdrawal Form. Sending the statement before the deadline is sufficient to meet the deadline. The Seller shall immediately acknowledge the receipt of the form submitted via the Website to the Consumer or Entrepreneur with rights of the Consumer.
4. The Seller is required to reimburse all payments made by the Consumer or Entrepreneur with rights of the Consumer, including the cost of Delivery of the Goods to the Consumer or Entrepreneur with rights of the Consumer, without delay, but no later than 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with rights of the Consumer to withdraw from the Sale Agreement. The Seller may withhold reimbursement until it has received the Goods back or the Consumer or Entrepreneur with rights of the Consumer has provided proof of the Goods being returned, whichever event occurs first.
5. If the Consumer or Entrepreneur with rights of the Consumer using the right to withdrawal has chosen to provide Goods in a way other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be required to reimburse any additional costs incurred by them. The Consumer or Entrepreneur with rights of the Consumer is required to return the Goods to the Seller immediately and at the very latest no later than 14 days after the date of withdrawal from the Sale Agreement. It is sufficient to return the Goods to the Seller's address before the deadline expires to meet the deadline.
6. The Consumer and/or the Entrepreneur with rights of the Consumer shall be liable for any decrease in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
7. Return of sunglasses possible only in the original packaging, along with a set of all included accessories (glasses case and cloth). If the original packaging is damaged or the accessories are missing, we reserve the right to refuse the return.
8. The Consumer and the Entrepreneur with rights of the Consumer are not entitled to return the Goods in cases further specified in Article 38 of the Consumer Rights Act, including in particular in the case of Goods produced according the consumer's specifications or serving to meet the consumer's personalised needs.
9. The Seller shall refund the payment using the same means of payment used by the Consumer or Entrepreneur with rights of the Consumer unless the Consumer or Entrepreneur with rights of the Consumer has expressly agreed to a different method of refund that does not incur any costs for them.
10. The Seller accepts returns sent back to: BIZUU Magazyn Omnipack, ul. Aleja Katowicka 66, 05-830 Nadarzyn, bud. DC04, ramp 40.
11. The Customer shall bear the direct costs of returning the Goods (i.e. costs of its packaging, protection and shipment) or generate a return label prepared by the Seller on their customer account at bizuu.com.
XIV. PERSONAL DATA
Please refer to the Privacy Policy for rules concerning personal data.
XV. ADDITIONAL SERVICES
The Seller provides additional services to Customers free of charge, 7 days a week, 24 hours a day:
- newsletter;
- contact form
- account management.
As part of the Newsletter service, the Seller sends e-mail messages with information about new products offered by the Seller to the e-mail address indicated by the Customer. The Newsletter is sent by the Seller to all Customers who have agreed to receive it.
Each Customer may opt out of the Newsletter at any time by unsubscribing. The contact form enables sending queries or information to the Seller. It is possible to opt our of the service at any time by no longer sending information via the contact form.
The account management service is available after Registration and consists of making available to the Customer a panel within the Shop's Website, enabling the Customer to modify the data they provided during Registration and to track the status of orders and the history of orders already completed.
The Customer may cancel the Customer's account at any time by contacting the Seller with a request to do so.
XVI. FINAL PROVISIONS
1. In matters not regulated in these Terms and Conditions, Polish law shall apply, in particular the provisions of the Civil Code and the provisions of the Consumer Rights Act.
2. The Terms and Conditions shall be amended in accordance with applicable law and with respect for consumer rights. If any amendments are made to the Terms and Conditions, the Seller shall immediately inform the customers of this fact by publishing the consolidated text of the Terms and Conditions on the Website and individually by e-mail.
3. The Seller ensures that the current Terms and Conditions are available on the Website at all times.
4. If any amendments are made to these Terms and Conditions, orders placed before the date of these amendments are processed under the provisions in force on the day the order was placed.
5. The Terms and Conditions shall enter into force on 1 January 2023.
Appendix No. 1 to the Terms and Conditions
Return Form:
To exercise your right of withdrawal, send the purchased goods together with the proof of purchase and the completed return form available HERE
This is to inform you that masks are hygienic goods which, pursuant to Article 38(5) of the Consumer Rights Act, are not subject to return or exchange. Please make your purchases thoughtfully