BIZUU ONLINE STORE TERMS AND CONDITIONS
I. GENERAL PROVISION
These Online Store Terms and Conditions (hereinafter "Terms and Conditions") set out the rules under which the Seller and its customers will conclude distance sales contracts by electronic means, in particular by electronic mail, through the Seller’s Website at: www.bizuu.com as well as rules for the provision of services by electronic means by the Seller through the above-mentioned Website. Terms and Conditions are an integral part of the sales contract with a customer.
Exclusive rights to content made available as part of services provided through the Online store, in particular copyright, the name of the Store (trademark), graphic elements included therein, software and database rights are protected by law and belong to the Seller or entities with whom the Seller has entered into appropriate agreements.
Customers may access these Terms and Conditions at any time, free of charge, via the "Terms & Conditions" tab on the Store's Website, and print them.
II. DEFINITIONS OF NAMES USED IN THE TERMS AND CONDITIONS
Seller, Administrator – Bizuu sp. z o.o. sp.k. with its registered office in 61-823 Poznań at ul. Piekary 12/5, entered in the Register of entrepreneurs kept by the District Court Poznań Nowe Miasto in Poznań, 8th Commercial Division of the National Court Register under KRS (National Court Register) number 0000390911, NIP (Tax Identification Number) 7831677097, Regon (National Business Registry Number) 301803683.
Store, Online Store - 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 operates at the address: 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.
Store registered office - Poznań, ul. Piekary 12/5.
Physical stores are located in:
- Poznań, Stary Browar, ul. Półwiejska 32,
- Warsaw, ul. Koszykowa 24,
- Katowice, Silesia City Center, ul. Chorzowska 107,
- Gdynia, C.H.Klif, Al. Zwycięstwa 256.
Website – Website at: www.bizuu.com
Working days - weekdays from Monday to Friday , excluding public holidays.
Order Lead Time - the time it takes the Store to complete the order and dispatch it in the manner selected 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 Store on principles specified in the Terms and Conditions.
Consumer – a natural person who makes a legal transaction with the Seller which is not directly connected with his/her economic or professional activity.
Entrepreneur - a natural person, a legal person, or an organisational unit which is not a legal person and to which the law confers legal capacity, conducting in its own name an economic or professional activity and performing a legal action directly related to its economic or professional activity.
Entrepreneur with rights of a Consumer - a natural person concluding a Sales contract directly related to his/her economic activity, when the content of the Sales contract indicates that it does not have a professional character for this person, in particular, resulting from the subject of his/her economic activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
Sales contract - shall mean a contract of sale concluded remotely, on the terms 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 the Seller supplying the Customer, via the Supplier, with the Goods specified in the order.
Supplier - the courier company with which the Seller cooperates in delivering the Goods, as well as the Poczta Polska.
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 can be changed by the Customer at any time, and the Customer is solely responsible for any consequences of disclosure of the password, with the exception of situations where the disclosure of the Customer's password was due to the fault of the Administrator, in particular due to inadequate data security.
Registration – assigning a login (email address) and a password to a person who wishes to use all functionalities of the Online store, which will identify him/her. Registration can be done by selecting "Register" on the Website and following the 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 STORE
1. Persons wishing to use the functionalities of the Store should have hardware and software with the following minimum requirements:
a) A personal computer or mobile device (telephone, tablet) and a network interface controller or modem enabling access to the Internet;
b) Windows, Android, Mac OS or Linux operating system with a graphical environment, a standard web browser (Internet Explorer, Mozilla Firefox, Opera, Chrome, Safari) - supporting SSL encrypted connections, Java Script applications and cookies;
c) connection to the Internet.
The Seller stipulates that if the above requirements are not fulfilled, it will not be able to enable the Customers to place an order via the Website, or carry out the procedure of concluding a contract, or implement the concluded contract.
2. In order to place an order in the Online Store via the Store's Website and to use the services provided electronically via the Store's Website, it is necessary for the Customer to have an active email account.
3. The main threat to any user of the Internet, including those using electronically delivered services, is the possibility of the ICT system being infected by various types of dangerous software. In order to avoid these risks, Customers should install anti-virus software on their computer or mobile device connected to the Internet and keep it up-to-date. The Seller also informs that particular risks related to the use of the service provided electronically, including the one described in the Terms and Conditions, are connected with hackers' activity aiming at breaking into both the Seller's and the Customer's systems. The Customer hereby acknowledges that despite the use of all available means by the Seller, there is no absolute protection against the aforementioned risks.
4. The Seller uses a mechanism of "cookies" files, which are saved on the hard drive of the Customer's end device while using the Store's Website. The use of "cookies" is intended to make the Store’s Website work correctly on Customers’ end devices. This mechanism does not damage the Customer’s end device and does not change the configuration on the Customers’ end devices or the software installed on those devices. The Customer may disable the "cookies" feature in the web browser of their end device. However, the service provider indicates that disabling "cookies" may result in inconvenience or may prevent the Customer from using the Store Website.
IV. ACCOUNT REGISTRATION
1. In order to create an account in the Online Store, the Customer is obliged to correctly register free of charge:
a) In the "Registration" tab, enter the following information: First name, last name, email address, delivery address, telephone number and set the account password;
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 voluntarily elected to use the Seller's services under the Terms and Conditions;
c) I declare that the data contained in the registration form is correct and I also understand that if this statement is not true, I will be liable under the rules of Polish law;
3. Upon submission of the completed registration form, the Customer shall receive immediately, by electronic means to the email address provided on the registration form, an acknowledgement of the registration by the Seller. 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 Store.
V. CUSTOMER’S OBLIGATIONS
In particular, the Customer is obliged to:
a) respect copyright and industrial property rights, including those arising from the registration of inventions, patents, trademarks, utility and industrial designs of the Administrator and third parties, as well as respect image protection rights;
b) refrain from submitting content that is unlawful or contrary to these Terms and Conditions;
c) refrain from any action that could impede or interfere with the operation of the Website and the Store.
VI. RECEIVING AND PROCESSING ORDERS
The Seller sells Goods via the Internet. The Seller shall provide up-to-date information on available products and services on the Website. The information provided on the Website does not constitute an offer within the meaning of the Civil Code, but an invitation to the Customer to submit an offer to conclude a sales contract.
The Terms and Conditions of the sales contract are defined by these Terms and Conditions, applicable laws, and any individual arrangements between the Seller and the Customer.
Orders placed by the Customer are accepted via the order form on the Website.
In the order form on the Website, by completing the relevant fields, the Customer:
a) selects the Goods;
b) selects the method of delivery of the Goods;
c) specifies the address for the delivery of the Goods;
d) declares willingness to receive the invoice, specifies the manner in which it is to be delivered and any other information necessary for its issue.
1. At the beginning of the order, the Seller shall inform the Customer of any restrictions on how the Goods will be delivered and the acceptable methods of payment.
2. Immediately prior to placing an order, the Seller shall inform the Customer about the channel 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 sales contract shall be considered concluded upon receipt by the Seller of the Customer's confirmation of the information referred to 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 confirmation of the conclusion of the contract to the Customer by email.
7. Placing orders in the Store is possible 24 hours a day, every day 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 Customers are made in Polish.
VII. INVOICES AND RECEIPTS
1. Electronic receipt is the confirmation of the sale transaction of the Goods. The Customer can request to receive a VAT invoice by ticking the appropriate box on the order form for each order. To do so, the Customer is obliged to provide the information necessary to issue the VAT invoice.
2. The electronic receipt (VAT electronic invoice) is sent by the Store to the email address indicated on the order.
3. The Store reserves the right to send VAT invoices as PDF files only to Buyers who have previously printed, signed and sent back to the Store's address their consent to receive invoices by email. In order to be able to receive and view the invoice as a PDF file, the Buyer must have a program that allows the viewing of PDF files (e.g. free Adobe Acrobat Reader), which they install themselves.
VIII. PRICE OF GOODS
1. All the prices of the Goods given on the Store Website are expressed in PLN and correspond to the total price of the goods together with any taxes due.
2. The price specified for the Goods displayed in the product range of the Store is binding at the moment of accepting the order for processing.
3. The Seller reserves the right to change prices of Goods available in the Store, introduce new Goods to the Store's product range, conduct and cancel promotional campaigns on the Website or introduce changes to them. The above entitlement shall not affect the prices of the Goods in orders placed before the date of the change in price, conditions of promotions or sales.
IX. DELIVERY METHOD AND COSTS
1. Delivery of the Goods shall take place in the manner chosen by the Customer from among the possibilities indicated in this section, specified in the order.
2. The Delivery is carried out via the Supplier i.e. the courier: DPD, INPOST.
3. The costs of Delivery by courier will be added to the cost of the Goods ordered and communicated to the Customer immediately prior to placing the order.
4. In the event that the Goods are not received more than seven days after the scheduled Delivery date, the Customer should report this to the Seller by telephone (+48 785392295) or by email (email: firstname.lastname@example.org) to initiate a 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 service provider.
X. ORDER LEAD TIME
1.The Goods are dispatched within 2-5 working days upon receipt of payment for the Goods
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. The Seller, acting on the Customer's behalf, dispatches the Goods ordered in a manner indicated by the Customer: through the courier company.
4. The Seller will provide the Customer with 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 store accepts the following payment methods:
a) via a specialist provider of electronic transfer services - the Goods shall be released or dispatched only upon confirmation of payment by the payment processing company;
b) by transfer to the Seller's bank account within 7 days from the date of confirmation of the order by the Customer, with the order number in the transfer title;
c) by credit card.
2. The processing of an order in the cases referred to in sections 1 a), c) and d) begins upon receipt of a confirmation from the payment operator that the operation has been carried out correctly.
1. All Goods available in the store come from a legitimate 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. In order to make a complaint, the defective Goods shall be returned to the Store's registered office or sent directly to the office address: Bizuu REKLAMACJE - ul. Piekary 12/11, 61-823 Poznań. In the case of a Customer who is a Consumer and an Entrepreneur with the rights of a Consumer, the cost of delivery is covered by the Seller. The parcel must be accompanied by a description of the complaint, using the form available here
4. The complaint shall be considered within 14 days of its submission.
5. If the Goods have a defect, the Customer may:
- make a statement on reducing the price or withdrawing from the contract, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective item with a defect-free one or removes the defect. This limitation shall not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfil its obligation to replace the item with a defect-free item or to remove the defect.
- If the Customer is a Consumer or an Entrepreneur with the rights of a Consumer then instead of the defect removal proposed by the Seller, the Customer may demand the replacement of the defective Goods with goods free from defects or requiring the removal of defects, unless bringing the Goods into conformity with the contract in the way chosen by the Consumer or an Entrepreneur with the rights of a Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller. When assessing the excessive costs, the value of the defect-free Goods and the type and importance of the defect found shall be taken into account, as well as the inconvenience which other means of remedying the defect would expose the Consumer or Entrepreneur with the Consumer's rights to.
6. If the Customer who is a Consumer or Entrepreneur with rights of a Consumer demands a replacement of the item or removal of defects or makes a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller does not respond to this demand within 14 days, it is considered that the demand is justified.
7. The Seller shall be liable under the warranty if a physical defect is discovered before the lapse of 2 years from the release of the Goods to the Customer. A claim for removal of defects or replacement of the Goods with goods free from defects shall become time-barred after 1 year, but if the buyer is a Consumer or Entrepreneur with the rights of a Consumer, this period cannot end before the expiry of the period specified in the first sentence. Within these time limits, the Customer may withdraw from the Sales contract or make a declaration of price reduction due to a defect in the Goods. If the Customer requests the replacement of the Goods with defect-free Goods or the removal of the defect, the time limit for withdrawal from the Sale contract or making a declaration of price reduction shall commence upon ineffective expiry of the time limit for replacing the Goods or removing the defect.
8. If the buyer is a Consumer or Entrepreneur with the rights of a Consumer, and the physical defect is discovered before the expiry of 1 year from the date of delivery of the item sold, it is presumed that the defect or its cause existed at the time when the risk passed to the buyer.
9. The Customer who is a Consumer has the possibility to make use of out-of-court methods of dealing with complaints and claims. In particular, they may:
- apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded contract,
- apply to the Regional Inspector of Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute,
- use the free assistance of a county (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 of using out-of-court complaint handling and claim enforcement procedures by the Customer who is a Consumer, as well as the rules of access to these procedures are available at the offices and websites of county (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Regional Trade Inspection Offices and at the following website addresses of the Office of Competition and Consumer Protection:
XIII. RIGHT OF WITHDRAWAL
1. A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer, who concluded a Sales contract via the Online Store, may withdraw from it within 14 days without giving any reason. If the “gift packaging” option is selected, the customer has the right to return the ordered products. However, this only applies to the products, and not to the packaging.
2. The period for withdrawal from the Sales contract starts from the moment the Goods are received by the Consumer or Entrepreneur with rights of the Consumer or a third party indicated by them, other than the Supplier.
3. The entitled persons referred to in sections 1 and 2 above may withdraw from the Sales contract 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 1: Withdrawal Form. Sending the statement before the deadline is sufficient to meet the time limit. The Seller shall immediately acknowledge to the Consumer or Entrepreneur with rights of the Consumer the receipt of the form submitted via the Website.
4. The Seller is obliged to return to the Consumer or Entrepreneur with rights of the Consumer all payments made by them, including the cost of delivery of the Goods as soon as possible and no later than 14 days from the date of receipt of their statement of withdrawal from the Sales contract. The Seller may withhold reimbursement until it receives back the Goods or the Consumer or Entrepreneur with the Consumer's rights provides evidence of having sent back the Goods, whichever event occurs first.
5. If the Consumer or Entrepreneur with the 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 obliged to reimburse any additional costs incurred by them. The Consumer or Entrepreneur with the 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 on which they withdrew from the Sales contract. 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 the 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. The Consumer and the Entrepreneur with the rights of the Consumer are not entitled to return the Goods in the cases specified in more detail in Article 38 of the Consumer Rights Act, including in particular in the case of Goods produced according to the Consumer’s specifications or intended to meet the individual needs of the Consumer.
8. The Seller shall refund the payment using the same method of payment as used by the Consumer or the Entrepreneur with the rights of the Consumer, unless the Consumer or the Entrepreneur with the rights of the Consumer expressly agrees to another means of reimbursement, which does not entail any costs for them.
9. The Seller accepts returns sent back to: BIZUU Magazyn Omnipack, ul. aleja Katowicka 66, 05-830 Nadarzyn, bud. DC04 rampa 40.
10. The Customer shall bear the direct costs of returning the Goods (i.e., packing, securing, dispatch) or generate the return label prepared by the Seller, which can be found on the customer account at the bizuu.com store.
XIV. PERSONAL DATA
XV. ADDITIONAL SERVICES
The Seller provides additional services to Customers free of charge, 7 days a week, 24 hours a day:
- contact form;
– account management.
The Newsletter Service consists of the Seller sending an email to the email address provided by the Customer containing information about new products in the Seller’s product range. The newsletter is sent by the Seller to all Customers who agreed to receive it.
Each Customer may cancel the Newsletter service at any time by unsubscribing.
The contact form allows the Customer to send inquiries or information to the Seller. It is possible to cancel the service at any time by not submitting the information using the contact form.
The account management service is available after registration and consists of providing the Customer with a panel on the Store's website which enables the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of completed orders.
The Customer can cancel the Customer's account at any time by contacting the Seller for this purpose.
XVI. FINAL PROVISIONS
1. In matters not covered by 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. Terms and Conditions will be amended in accordance with applicable law and in accordance with consumer rights. If changes are made to the Terms and Conditions, the Seller shall immediately collectively inform Customers thereof by posting a revised text of the Terms and Conditions on the Website as well as individually do so by electronic mail.
3. The Seller ensures that the current Terms and Conditions are available on the Website at all times.
4. In the event of a change to the Terms and Conditions, orders placed prior to the date of amendment to these Terms and Conditions shall be processed on the basis of the provisions in force on the date the order was placed.
5. The Terms and Conditions shall enter into force on 1 September 2021.
Appendix 1 to the Terms and Conditions
In order to exercise your right of withdrawal, you must send the purchased goods together with proof of purchase and the completed Return Form available HERE
Please note that masks are hygienic goods which, in accordance with Article 38 item 5 of the Consumer Rights Act are not subject to return or exchange. Please consider your purchase carefully.