2. Electronic services in the online store
3. Terms and conditions of concluding a sales contract
4. Methods and terms of payment for the product
5. Cost, methods and date of delivery and receipt of the product
9. Provisions concerning entrepreneurs
11. Illegal content and other content that does not comply with the regulations
1.1. The Online Store available at www.bikormakeup.com is operated by BIKOR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gdańsk (registered office address and address for service: ul. Piastowska 52, 80-332 Gdańsk); entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 00000385313; registry court where the company documentation is kept: District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register; share capital in the amount of: PLN 50,000.00; NIP: 5842714978; REGON: 221228870, e-mail address: hello@bikormakeup.com and contact telephone number: 58-553-70-70.
1.2 These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3. The Seller is the administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of processing personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1-102).
1.4.2. BLOG - Electronic Service, an internet blog available in the Online Store for its Service Recipients, enabling them to view the Service Provider's entries, in particular those relating to its activities and the Products offered.
1.4.3. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.4. CONTACT FORM – Electronic Service, an interactive form available in the Online Store enabling direct contact with the Service Provider.
1.4.5. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.6. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.7. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.8. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.9. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.10. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.11. ILLEGAL CONTENT – information that, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State that complies with European Union law, regardless of the specific subject matter or nature of that law.
1.4.12. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e. containing digital content or a digital service or connected with them in such a way that the lack of digital content or a digital service would prevent its proper functioning) which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.13. REGULATIONS – these regulations of the Online Store.
1.4.14. ONLINE STORE – the online store of the Service Provider available at the following internet address: www.bikormakeup.com.
1.4.15. SELLER; SERVICE PROVIDER – BIKOR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gdańsk (registered office address and address for service: ul. Piastowska 52, 80-332 Gdańsk); entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 00000385313; registry court where the company documentation is kept: District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register; share capital in the amount of: PLN 50,000.00; NIP: 5842714978; REGON: 221228870, e-mail address: hello@bikormakeup.com and contact telephone number: 58-553-70-70.
1.4.16. SALES AGREEMENT – (1) a Product sales agreement (in the case of movable items and movable items with digital elements), (2) a Product delivery agreement (in the case of digital content or a digital service), (3) a Product provision or use agreement (in the case of a non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Store.
1.4.17. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product.
1.4.18. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.19. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)
1.4.20. ORDER – declaration of will of the Customer submitted using the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
2.1. The following Electronic Services are available in the Online Store: Blog, Contact Form, Order Form, Account and Newsletter.
2.1.1. Browsing the Blog is possible after going to the "Journal" tab visible in the Online Store. The Blog is available free of charge to all visitors to the Online Store without the need to provide any data or perform other activities. Within the blog, the Service Provider publishes articles related to the subject of the Online Store and Products.
2.1.1.1. The Service Recipient may at any time and without giving a reason discontinue using the Blog by closing the web browser.
2.1.2. Contact Form – the use of the Contact Form begins after the Service Recipient completes two consecutive steps – (1) goes to the “Contact” tab and (2) clicks the “Send” field on the Online Store website after filling out the Contact Form. The Service Recipient must provide the following data in the Contact Form: e-mail address. In order to provide more efficient service, the Service Recipient may also provide the following data: name and surname, contact phone number and the content of the inquiry.
2.1.2.1. The Electronic Service Contact Form is provided free of charge and is of a one-off nature and ends when a message is sent via it or when the Service Recipient ceases to use it earlier.
2.1.3. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) after filling in the Order Form and (2) clicking on the “I buy and pay” field on the Online Store website after filling in the Order Form – until then, it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first name and last name/company name, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
2.1.3.1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when an Order is placed via it or when the Service Recipient stops placing an Order via it earlier.
2.1.4. Account – the Account can be used after the Service Recipient has completed two consecutive steps – (1) filling out the Registration Form, (2) clicking the “Register” field. The Service Recipient must provide the following Service Recipient data in the Registration Form: e-mail address and password.
2.1.4.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: hello@bikormakeup.com or in writing to the address: ul. Piastowska 52, 80-332 Gdańsk.
2.1.5. Newsletter – the use of the Newsletter is possible by - (1) checking the appropriate checkbox when placing an Order via the Order Form – at the moment of placing the Order, the Service Recipient is subscribed to the Newsletter, (2) entering the e-mail address in the form on the home page of the Online Store in the "Newsletter" field and clicking the "SUBSCRIBE" field – at the moment of clicking the "SUBSCRIBE" field, the Service Recipient is subscribed to the Newsletter.
2.1.5.1. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: hello@bikormakeup.com or in writing to the address: ul. Piastowska 52, 80-332 Gdańsk.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser in the current version: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option of saving Cookies and supporting Javascript in the Internet browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing content of an unlawful nature, including Illegal Content.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.3. of the Regulations.
3.2. The price of the Product or the remuneration for the product displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed on the Online Store website about the total price or remuneration with taxes, and when the nature of the Product does not allow, reasonably assessed, for the amount to be calculated in advance - the method in which they will be calculated, as well as about the delivery costs (including transport, delivery or postal services) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, including when placing the Order and when the Customer expresses the will to be bound by the Sales Agreement. In the case of a Product Sales Agreement concluded for an indefinite period or covering a subscription, the Seller provides in the same way the total price or remuneration covering all payments for the settlement period, and when the Sales Agreement provides for a fixed rate - also the total monthly payments.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.3. of the Regulations.
3.3.2. After placing the Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by sending an appropriate e-mail message by the Seller to the Customer to the Customer's e-mail address provided when placing the Order, which shall contain at least the Seller's declarations of receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement shall be concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by means of (1) making these Regulations available on the website of the Online Store and (2) sending the Customer an e-mail message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment in cash upon pickup.
4.1.2. Payment by transfer to the Seller's bank account.
4.1.3. Electronic payments and card payments via PayPal, PayNow and Przelewy24 – current possible payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://www.paypal.com/pl, https://www.paynow.pl/ or https://www.przelewy24.pl/.
4.1.3.1. Settlements for electronic payments and payment cards are carried out in accordance with the Client's choice. Electronic payments and payment cards are handled by:
4.1.3.1.1. PayPal – PayPal (Europe) Sà rl et Cie, SCA, 5th floor 22-24 Boulavard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, Commercial Register Number: RCS Luxembourg B 118 349, VAT Number: LU22046007.
4.1.3.1.2. MBANK SPÓŁKA AKCYJNA with its registered office in Warsaw (registered office address: ul. Prosta 18, 00-850 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under number 0000025237, registration files kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; share capital of PLN 169,733,980.00, fully paid up; NIP: 5260215088, REGON: 001254524.
4.1.3.1.3. PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000347935, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, share capital of PLN 4,737,100.00, fully paid up, NIP (Taxpayer’s Identification Number): 7792369887, REGON (National Business Registry Number): 301345068. The company has a permit to conduct business as a payment institution and is subject to supervision by the Polish Financial Supervision Authority (license number IP24/2014).
4.2. Payment deadline:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay in cash upon personal collection, the Customer is obliged to make the payment upon receipt of the shipment.
5.1. Product delivery is available in the territory of the Republic of Poland, the European Union and the United Kingdom.
5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or receipt of the Product:
5.4.1. Courier delivery.
5.4.2. Parcel locker shipment (pickup at collection point).
5.4.3. Personal collection available at: ul. Piastowska 83, 80-332 Gdańsk – on Business Days, from 09:00 to 16:00.
5.5. The delivery time of the Product to the Customer in the territory of the Republic of Poland is up to 5 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest given time, which, however, cannot exceed 5 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:
5.5.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.
5.6. The delivery time of the Product to the Customer within the European Union is up to 30 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest given time, which, however, cannot exceed 10 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:
5.6.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.
5.7. The delivery time of the Product to the Customer in the territory of Great Britain is up to 30 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest given time, which, however, cannot exceed 30 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:
5.7.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.
5.8. The date of readiness of the Product for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter period is given in the description of the given Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest date given, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
5.8.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.
5.8.2. If the Customer chooses cash on personal collection – from the date of conclusion of the Sales Agreement.
6.1. This point 6 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint may be filed, for example:
6.2.1. in writing to the following address: ul. Piastowska 83, 80-332 Gdańsk;
6.2.2. in electronic form via e-mail to the following address: hello@bikormakeup.com.
6.3. The Product may be sent or returned as part of a complaint to the following address: ul. Piastowska 83, 80-332 Gdańsk.
6.4. It is recommended to include in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of compliance with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction or withdrawal from the contract or another claim; and (3) contact details of the person filing the complaint – this will facilitate and speed up the consideration of the complaint. The requirements specified in the previous sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. In the event of a change in the contact details provided by the person submitting the complaint during the complaint consideration process, he or she is obliged to notify the Seller thereof.
6.6. The person filing the complaint may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the person filing the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the processing of the complaint by the Seller.
6.7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller's statutory liability are specified by generally applicable legal provisions, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Below is additional information on the Seller's liability provided for by law for the compliance of the Product with the Sales Agreement:
6.8.1. In the event of a complaint regarding a Product – a movable item – purchased by the Customer under the Sales Agreement concluded with the Seller by December 31, 2022, the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Articles 556-576 of the Civil Code, shall be specified. These provisions shall specify in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer shall be excluded.
6.8.2. In the event of a complaint about a Product – a movable item (including a movable item with digital elements), but excluding a movable item that serves solely as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9. In addition to statutory liability, a guarantee may be granted for the Product - this is a contractual (additional) liability and may be used when the Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions regarding liability under the guarantee, including data on the entity responsible for the implementation of the guarantee and the entity authorized to use it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Seller indicates that in the event of non-conformity of the Product with the contract, the Customer is entitled to legal remedies by and at the expense of the Seller, and that the guarantee does not affect these legal remedies.
6.10. The provisions contained in point 6.8.2 of the Regulations concerning the consumer also apply to the Client who is a natural person concluding an agreement directly related to his/her business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
7.1. The possibility of submitting complaints via the ODR platform expires on 20 March 2025, and the platform itself will be liquidated on 20 July 2025.
7.2. Methods of resolving disputes out of court include, among others, (1) enabling the parties to converge their positions, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for the Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures and a user-friendly search engine for entities involved in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.3. The President of the Office of Competition and Consumer Protection has a contact point whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to the address: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.4. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for resolution of a dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Inspection; or (3) assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
7.5. A platform for the online resolution of disputes between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in point 8.7 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: ul. Piastowska 83, 80-332 Gdańsk;
8.1.2. in electronic form via e-mail to the following address: hello@bikormakeup.com.
8.2. The return of the Product - movable items (including movable items with digital elements) under the withdrawal from the contract may take place to the following address: ul. Piastowska 83, 80-332 Gdańsk.
8.3. An example of a withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 13 of the Regulations. The consumer may use the template form, but it is not obligatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership – from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.6. Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product - movable item, including movable item with digital elements (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller returns the payment using the same payment method that the consumer used, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the return of payments received from the consumer until the Product is received back or the consumer provides proof of its return, depending on which event occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry.
8.6.3. The Consumer is liable for any reduction in the value of the Product - a movable item (including a movable item with digital elements) - resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.7.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.7.2. In the case of Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.
8.7.3. In the case of a Product - a service, the performance of which - at the express request of the consumer - began before the expiry of the period for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the time of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.8. The right to withdraw from a contract concluded at a distance does not apply to the consumer in relation to contracts.
8.8.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has provided the service he will lose the right to withdraw from the contract, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires; (3) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or intended to meet his individual needs; (4) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) where the subject of the provision is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the provision is Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) where the subject of the provision is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - 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 Products; (9) 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; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded at public auction; (12) 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 of provision of the service; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller had fulfilled the provision, the consumer would lose the right to withdraw from the contract, and the Seller had acknowledged this, and the Seller had provided the consumer with the confirmation referred to in Article 15, paragraphs 1 and 2 or Article 21, paragraph 1 of the Consumer Rights Act; (14) for the provision of services, for which the consumer is obliged to pay the price, in the case of which the consumer had expressly requested the Seller to come to him for the purpose of repair, and the service had already been fully performed with the express and prior consent of the consumer.
8.9. The provisions contained in this point 8 of the Regulations concerning the consumer shall apply to contracts concluded from 1 January 2021 also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and thus bind only the Client or Service Recipient who is not a consumer, and from 1 January 2021 and for agreements concluded from that day who is not also a natural person concluding an agreement directly related to his/her business activity, when it results from the content of this agreement that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller's liability under the warranty for the Product or the lack of conformity of the Product with the Sales Agreement is excluded.
9.4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate statement to the Service Recipient.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within the scope of a single claim, as well as for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer towards the Service Provider/Seller, including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller shall be liable towards the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for delays in the transport of the shipment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
10.1. The Seller enables its Customers to issue and access opinions about the Products and the Online Store on the principles specified in this section of the Regulations.
10.2. The Customer may submit an opinion after using the form that allows for adding an opinion about the Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the email address provided by them. When adding an opinion, the Service Recipient may also add a graphical rating or a photo of the Product – if such an option is available in the opinion form.
10.3. A Product Review may only be issued for Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or apparent Sales Agreements in order to issue a Product Review. An Online Store Review may be issued by a person who is a Customer of the Online Store.
10.4. Adding opinions by Customers may not be used for illegal activities, in particular for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and good customs.
10.5. Opinions may be made available directly on the Online Store website (e.g. for a given Product) or on an external service collecting opinions, with which the Seller cooperates and to which it refers on the Online Store website (including via an external widget placed on the Online Store website).
10.6. The Seller ensures that the published opinions about the Products come from its Customers who have purchased the Product. For this purpose, the Seller takes the following actions to check whether the opinions come from its Customers:
10.6.1. Publishing an opinion issued using a form available directly on the Online Store website requires prior verification by the Seller. Verification consists of checking the compliance of the opinion with the Regulations, in particular checking whether the person giving the opinion is a Customer of the Online Store - in this case the Seller checks whether this person made a purchase in the Online Store, and in the case of an opinion about a Product, additionally checks whether they purchased the Product being reviewed. Verification takes place without undue delay.
10.6.2. The Seller sends its Customers (including via an external service collecting opinions with which it cooperates) an individual link to the e-mail address provided by the Customer during the purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form.
10.6.3. In the event of any doubts of the Seller or reservations addressed to the Seller by other Customers or third parties as to whether a given opinion comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Store or has purchased the Product being reviewed.
10.7. Any comments, appeals against the verification of an opinion, or reservations as to whether a given opinion comes from the Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.
10.8. The Seller does not post or have any other person post false opinions or recommendations of Customers and does not distort opinions or recommendations of Customers in order to promote its Products. The Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.
11.1. This section of the Regulations contains provisions resulting from the Digital Services Act in the scope concerning the Online Store and the Service Provider. The Service Recipient is not generally obliged to provide content when using the Online Store, unless the Regulations require the provision of specific data (e.g. data for placing an Order). The Service Recipient may have the possibility to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, he is obliged to comply with the principles contained in the Regulations.
11.2. CONTACT POINT - The Service Provider designates the email address hello@bikormakeup.com as a single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the Digital Services Council and at the same time enables service recipients (including Service Recipients) to communicate directly, quickly and friendly with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English for the purposes of communication with its contact point.
11.3. Procedure for reporting Illegal Content and action pursuant to Article 16 of the Digital Services Act.
11.3.1. Any person or entity may report to the Service Provider the presence of certain information that such person or entity considers to be Illegal Content by e-mail at hello@bikormakeup.com.
11.3.2. The report must be sufficiently precise and sufficiently substantiated. For this purpose, the Service Provider shall enable and facilitate the submission of reports to the above email address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information reported constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s) and, where applicable, additional information enabling the identification of the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for the report concerning information believed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
11.3.3. The notification referred to above shall be deemed to constitute actual knowledge or information for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates if it enables the Service Provider acting with due diligence to determine – without a detailed legal analysis – the illegal nature of the activity or information in question.
11.3.4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also, without undue delay, notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.
11.3.5. The Service Provider shall review all reports it receives under the mechanism referred to above and shall make decisions with respect to the information to which the reports relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for such review or decision-making, it shall include information on this in the notification referred to in the previous paragraph.
11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, in relation to information provided by Service Recipients:
11.4.1. The following rules apply to the Service Recipient in the event of providing any content within the Online Store:
11.4.1.1. the obligation to use the Online Store, including posting content (e.g. as part of opinions or comments), in accordance with its intended purpose, these Regulations and in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;
11.4.1.2. the obligation to enter content that is true and not misleading;
11.4.1.3. prohibition of providing content of an unlawful nature, including the prohibition of providing Illegal Content;
11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
11.4.1.5. prohibition of providing content that violates the generally accepted rules of netiquette, including vulgar or offensive content;
11.4.1.6. the obligation to have – if necessary – all required rights and permits to provide such content on the Online Store website, in particular copyrights or required licenses, permits and consents for their use, distribution, making available or publication, in particular the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
11.4.1.7. the obligation to use the Online Store in a way that does not pose a threat to the security of the Service Provider's, the Online Store's or third parties' IT system.
11.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients to the Online Store website. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or upon receipt of a report in order to detect, identify and remove Illegal Content or other content that is inconsistent with the Regulations or to prevent access to it or to take the necessary measures to meet the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Regulations.
11.4.3. The moderation process may be carried out manually by a human or based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content that is inconsistent with the Regulations. After identifying such content, the Service Provider shall decide whether to remove or disable access to the content or otherwise limit its visibility or take other actions it deems necessary (e.g. contact the Service User to clarify any objections and change the content). The Service Provider shall clearly and easily understandably inform the Service User who provided the content (if they have their contact details) about their decision, the reasons for it and the available options for appealing against this decision.
11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
11.5. Any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of action taken by the Service Provider based on the received notification or decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaints procedure indicated in point 6 of the Regulations. Using this procedure is free of charge and allows for submitting complaints electronically to the provided e-mail address. Using the procedure for reporting and considering complaints is without prejudice to the right of a given person or entity to initiate proceedings before a court and does not violate their other rights.
11.6. The Service Provider shall consider all comments, complaints, claims, appeals or objections regarding decisions or other actions or lack of action taken by the Service Provider on the basis of the notification received or the decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the information to which the complaint relates is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or amend its decision regarding the possible removal or disabling of access to the content or otherwise limiting its visibility or take other actions it deems necessary.
11.7. Service Recipients, persons or entities who have reported Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to resolve disputes regarding these decisions, including complaints that have not been resolved within the Service Provider's internal complaint handling system.
12.1. Agreements concluded via the Online Store are concluded in Polish.
12.2. Changes to the Regulations:
12.2.1. The Service Provider reserves the right to make changes to these Regulations for important reasons, i.e.: changes in legal regulations; changes in the methods or terms of payment or delivery, being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; the need to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other threats to cybersecurity - to the extent to which these changes affect the implementation of the provisions of these Regulations.
12.2.2. Notification of proposed changes is sent at least 15 days in advance before the date of entry into force of these changes, provided that the change may be introduced without observing the 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation, on the basis of which it is obliged to change the Regulations in a manner that prevents it from meeting the 15-day notice period; or (2) must, as an exception, change its Regulations in order to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breach or other threats to cybersecurity. In the last two cases referred to in the previous sentence, the introduction of changes shall take place with immediate effect, unless it is possible or necessary to apply a longer period for introducing changes, of which the Service Provider shall notify each time.
12.2.3. In the case of continuous agreements (e.g. provision of the Electronic Service - Account), the Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the notification period for proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notification. In the case of conclusion of a continuous agreement, the amended Regulations are binding on the Service Recipient if he/she has been properly notified of the changes, in accordance with the notification period before their introduction and has not terminated the agreement during this period. Additionally, at any time after receiving notification of changes, the Service Recipient may accept the introduced changes and thus resign from the further duration of the notification period. In the case of conclusion of an agreement of a different nature than continuous agreements, changes to the Regulations will not in any way violate the rights acquired by the Service Recipient before the date of entry into force of the changes to the Regulations, in particular, changes to the Regulations will not affect Orders already placed or submitted and concluded, implemented or performed Sales Agreements.
12.2.4. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the existing ones, the consumer has the right to withdraw from the contract.
12.3. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding the contract with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him under the provisions that cannot be excluded by agreement.
12.4. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
