Online Store Terms and Conditions
BioGecko-Food.pl

1. General Provisions, Contact with the Store Owner
   1. These terms and conditions (hereinafter referred to as the “Terms”) define the rules and conditions for using the online store BioGecko-Food, operating at www https://biogecko-food.pl/.
   2. The owner of the Store is Bioterr Company Sp. z o.o., with its registered office at: Dojazdowa 23, 43-100 Tychy, entered into the Register of Entrepreneurs of the National Court Register under the number KRS: 0001058120, NIP: 6463006798, REGON: 526385949 (hereinafter referred to as the “Seller”).
   3. The Seller's contact details are as follows:
      
      Contact address: 43-100 Tychy, ul. Dojazdowa 23
      E-mail address: contact@biogecko-food.pl
      Phone number: 519193636 (customer service hours – see Contact page).
      Contact point for communication with authorities of EU Member States, the European Commission, and the Digital Services Board: contact@biogecko-food.pl. Communication can be conducted in Polish.
2. Technical Requirements
   1. To use the Store, it is necessary to have:
      1. a computer or other device with an internet browser;
      2. access to the Internet;
      3. an active email address.
3. Personal Data
   1. The administrator of personal data of the Store’s customers is the Seller.
   2. All information about the processing of personal data of customers and other users of the Store’s website can be found in the Privacy Policy.
4. Conclusion of Sales Agreement, Customer Account
   1. The Store allows the purchase of goods (hereinafter referred to as “Goods”) listed on the Store’s website in two modes:
      1. without registration;
      2. by creating an account in the Store.
      In both cases, to place an order, you need to select the Goods in the Store, add them to the “Cart” using the appropriate button, and proceed with the order process by selecting the relevant options (delivery and payment method).
   2. The product information on the Store’s website, such as descriptions and prices, constitutes an invitation to conclude a sales agreement within the meaning of Article 71 of the Polish Civil Code, under the conditions set out in these Terms.
   3. To place an order, it is required to fill out all necessary fields in the order form necessary for the execution of the agreement and, if requested by the customer, to provide data needed to generate a VAT invoice.
   4. If the customer decides to create an account in the Store (hereinafter “Account”), the registration is one-time, and the email address and password selected by the customer are used for future login. Details of the digital service of maintaining the Account provided by the Seller are available below in the Account Terms. The Store also allows login via social media and/or a Google user account. After logging into the Account, the customer has access to their order history and does not need to re-enter personal data for subsequent orders.
   5. The customer may cancel the Account at any time without incurring any cost. To do this, they must send a resignation to the following email address: contact@biogecko-food.pl.
   6. By clicking the “Buy and Pay” button (or another with similar meaning), the customer:
      1. submits an offer to the Seller to purchase the Goods in accordance with the options selected in the order and these Terms,
      2. accepts the obligation to pay the price of the Goods and the delivery costs.
   7. The sales agreement (hereinafter “Agreement”) is concluded when the Seller accepts the order for fulfillment (accepts the customer’s offer), which is confirmed by an email sent to the customer.
   8. If the Seller is unable to fulfill the order (in whole or in part), the Seller will inform the customer. In such a case, the Agreement is not concluded. The Seller will also inform the customer about other available options, such as partial fulfillment or waiting for stock replenishment. If the order has already been paid for and cannot be fulfilled, the Seller will promptly refund the payment (according to the extent of the canceled order).
   9. The Seller provides the customer with confirmation of the Agreement on a durable medium no later than at the time of delivery of the Goods.
   10. The Store is not responsible for failure to deliver the order or for delays caused by the customer providing incomplete/incorrect delivery address or other missing data necessary to fulfill the order.
   11. The Seller reserves the right to suspend the order if the customer has provided false data or if the data raises justified doubts as to its accuracy. In such a case, the Seller (if possible) will attempt to contact the customer to verify the data.
5. Prices and Payment Methods
   1. The prices of Goods are given in Polish zloty (PLN) and include VAT (gross amount).
   2. The cost of delivery is shown separately in the Store's cart, depending on the delivery method chosen by the customer.
   3. Available payment methods are described on the Store's website in the “Payment Methods” tab and are also displayed to the customer during the ordering process (in the cart).
   4. The Store offers the following payment methods:
      1. traditional bank transfer to the Seller’s account
      2. fast electronic transfer / BLIK / payment via digital wallet – via the following payment platforms:
         • Shoper Payments (Autopay)
         • Przelewy24
         • PayU
      3. payment by card: Visa, Visa Electron, MasterCard, MasterCard Electronic
      4. cash on delivery (COD)
      5. cash or card payment upon personal pickup at the Store’s physical location
      6. deferred payment – via the operator indicated during the order process
   5. If the customer chooses to pay by traditional bank transfer, the payment must be made within 7 days from placing the order. If payment is not received within this period, the Agreement is considered not concluded. The previous sentence does not apply if the Seller offers deferred or installment payments via an external partner.
   6. If the payment method "Shoper Payments" is selected, the entity handling online payments (including fast transfers and card payments) is Autopay S.A.
6. Delivery of Goods
   1. The delivery of Goods is carried out according to the customer’s choice:
      • via courier service
      • via Polish Post
      • to InPost parcel lockers
      • personal pickup
   2. The customer may also collect the order:
      1. in person at the Seller’s registered office
   3. Except for Goods collected personally by the customer, the order is considered fulfilled when the package is handed over to the carrier for delivery to the customer. The actual delivery time is determined by the carrier.
   4. The Goods are shipped by the Seller within 3 business days, unless a different timeframe is clearly stated in the product description during the customer's order placement. Detailed order fulfillment times are provided on the Store’s website in the “Order Fulfillment Time” section.
   5. The Seller normally fulfills orders within the territory of the Republic of Poland, with shipping costs specified on the Store's website in the “Delivery Time and Costs” section. International shipping is possible upon covering the costs specified on the website or as individually agreed with the customer.

   6. Withdrawal from the Agreement

7. 1. A customer who is a consumer or an entrepreneur referred to in Article 7aa of the Consumer Rights Act (hereinafter “Privileged Entrepreneur”) has the statutory right to withdraw from the sales agreement within 14 days from receipt of the Goods, without providing a reason, subject to the exceptions described below. The Seller offers the customer an additional 16 days for withdrawal, giving the customer a total of 30 days to return the Goods without giving a reason, subject to the exceptions described below.
   2. To meet the withdrawal deadline, it is sufficient for the customer to send, within the mentioned timeframe, a declaration:
      • by email to: sklep@bioterr.pl or
      • in writing to the address: 43-100 Tychy, ul. Dojazdowa 23.
   3. The declaration of withdrawal may be made using the template available here, although use of the template is not mandatory. The Seller will promptly confirm receipt of the withdrawal declaration by email.
   4. Within the next 14 days, the customer should, at their own expense, return the Goods to the postal address: Bioterr Company Sp. z o.o., ul. Dojazdowa 23, 43-100 Tychy.
   5. The Seller will promptly, no later than within 14 days from receiving the withdrawal declaration, refund the customer for:
      • the price of the Goods;
      • the original delivery cost to the customer, according to the least expensive standard delivery method offered in the Store.
   6. The Seller may withhold the refund until the returned Goods have been received.
   7. The refund will be made using the same payment method used by the customer in the original transaction, unless the customer explicitly agrees to a different method, e.g., by providing an account number for the refund on the withdrawal form.
   8. The customer is responsible for any reduction in the value of the returned Goods resulting from using the Goods in a manner other than necessary to determine their nature, characteristics, and functioning.
8. Exceptions to the Right of Withdrawal from the Sales Agreement
   1. The right to withdraw from the agreement does not apply to contracts for the supply of Goods:
      1. that are non-prefabricated, made to the consumer’s / Privileged Entrepreneur’s specifications or clearly personalized (custom-made goods);
      2. that are liable to deteriorate rapidly or have a short shelf life (perishable goods), including living organisms such as live plants, spiders, cockroaches, feeder insects, etc.;
      3. supplied in sealed packaging which was opened by the customer and which cannot be returned for health or hygiene reasons (goods packaged for hygiene purposes);
      4. that are audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;
      5. that, after delivery and by their nature, become inseparably mixed with other goods (e.g., building materials that have already been used);
9. Complaints
   1. The Seller is obliged to deliver Goods that are in conformity with the Agreement.
   2. The Seller is liable for the conformity of the Goods with the Agreement in accordance with the provisions of the Consumer Rights Act towards consumers and Privileged Entrepreneurs. Towards other customers, the Seller is liable under the provisions of the Civil Code.
   3. Complaints may be submitted:
      • by email to: contact@biogecko-food.pl
      • or in writing to: Bioterr Company Sp. z o.o., ul. Dojazdowa 23, 43-100 Tychy.
   4. The Seller will review the complaint in the same form in which it was submitted (in writing or via email) within 14 days of receipt.
   5. If the customer is dissatisfied with the way the complaint was handled by the Seller, the consumer and Privileged Entrepreneur may (independently of court proceedings) also use out-of-court means of handling complaints and pursuing claims.
   6. To this end, one can:
      1. submit a request to the Provincial Inspector of the Trade Inspection to initiate mediation proceedings for amicable resolution of the dispute,
      2. seek help from a district (city) consumer ombudsman or a consumer protection organization,
      3. use the ODR platform (Online Dispute Resolution), which serves to resolve disputes online between consumers and traders, if the dispute concerns obligations arising from an online contract. More information about the ODR platform can be found here,
      4. submit a case to a permanent consumer arbitration court for resolution of a dispute arising from a concluded agreement.
   7. Additional information on out-of-court means of handling complaints and pursuing claims can also be found on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.
10. Product Reviews
    1. The Store allows customers to submit reviews about products (hereinafter "Reviews").
    2. This feature is available only if the customer uses an external customer satisfaction/review platform.
    3. Reviews submitted by the customer must be lawful under the Digital Services Act (DSA) and comply with good customs, meaning that it is prohibited to post Reviews that:
       • are unlawful in nature;
       • violate good morals, including but not limited to: offensive, pornographic, blasphemous content, or content inciting racial, ethnic, or religious hatred;
       • infringe upon the rights of others, including in particular intellectual property rights and the right to privacy;
       • contain content or graphic elements of a commercial or advertising nature related to products other than those offered in the Store.
    4. The Seller and/or the provider of the external customer satisfaction/review platform may moderate the Reviews, meaning that Reviews that do not comply with these Terms will not be published or may be removed.
    5. If a Review is blocked or removed, the Seller will inform the customer and provide justification. In such a case, the customer may appeal the decision according to the procedure described in section X.6 of the Terms.
    6. Appeals regarding decisions related to Reviews (hereinafter “Appeal”) may be submitted:
       • by email to: contact@biogecko-food.pl
       • or in writing to: Bioterr Company Sp. z o.o., ul. Dojazdowa 23, 43-100 Tychy.
       The Seller will confirm receipt of the Appeal by email (if the person submitting the Appeal has provided an email address). The Seller will respond to the Appeal in the same format in which it was submitted (in writing or via email) within 14 days of receipt.
    7. Any person visiting the Store may submit a notice (hereinafter “Notice”) to the Seller if they believe a Review posted in the Store contains illegal content under the Digital Services Act (DSA) or violates these Terms. Notices should be submitted electronically to: sklep@bioterr.pl.
    8. The Seller will confirm receipt of the Notice electronically without delay. The Seller will review the Notice within 14 days of its receipt and provide justification. The person who submitted the Notice may appeal the Seller’s decision according to the procedure described in section X.6 of the Terms.
    9. If the person submitting the Appeal is dissatisfied with the way the Appeal was handled by the Seller, they may use the out-of-court dispute resolution methods referred to in the Digital Services Act (DSA).
    10. The Seller is not liable for Reviews posted by customers on the Store’s website, provided that:
        • they have no knowledge that the Review constitutes illegal content;
        • they take immediate appropriate action to remove or disable access to illegal content once they gain such knowledge or are informed, in particular by promptly reviewing Notices.
11. Final Provisions
    1. Polish law applies to Agreements concluded in the Store. The Agreement is concluded in the Polish language.
    2. Nothing in these Terms shall exclude or in any way limit the rights of the consumer (and Privileged Entrepreneur) arising from applicable law.
    3. The Seller may amend these Terms at any time. Such changes apply to orders placed after the publication of the new version of the Terms. In the case of (i) previously concluded contracts for digital or electronic services, and (ii) customers with an Account in the Store – the customer will be notified of the changes and informed of their right to reject the new terms.
    4. These Terms are effective from January 21, 2025.

Account Terms and Conditions
for the BioGecko Food store

1. General Provisions, Contact with the Seller
   1. These account terms and conditions (“Account Terms”) set out the rules and conditions for the use of a customer account (“Account”) in the BioGecko Food online store (“Store”).
   2. These Account Terms constitute the terms and conditions of an electronic service within the meaning of the Act on the Provision of Electronic Services. The Account service is a supplementary service, secondary to the Seller’s main activity, which is offering the sale of Goods to customers. The Account service is provided free of charge.
   3. The Account Terms supplement the Store Terms and Conditions. For any matters not regulated in the Account Terms, the provisions of the Store Terms apply to this service.
   4. The Seller’s contact details regarding the Account service are the same as for the Store:
      43-100 Tychy, ul. Dojazdowa 23
      email: contact@biogecko-food.pl
      phone: 519193636
2. Technical Requirements and Account Functionality
   1. The technical requirements for using the Account service are the same as those required for using the Store and are indicated in section II.1 of the Store Terms and Conditions.
   2. By using the Account, the Store’s customer has the ability to:
      1. save and store their personal data (including delivery address) in the Account, allowing for future purchases without having to re-enter address information,
      2. view the history of their orders,
      3. check the status of their order fulfillment.
3. Agreement for Account Service, Withdrawal, and Account Cancellation
   1. Creating an Account by the customer constitutes the conclusion of an agreement for the provision of an electronic service for an indefinite period. The customer may cancel their Account at any time without giving a reason. To do so, they must contact the Seller electronically at sklep@bioterr.pl. The customer also has the statutory right to withdraw from the agreement for the Account service within 14 days from the date of its conclusion.
4. Complaints
   1. The Seller is liable for the conformity of the Account service with the agreement towards consumers and Privileged Entrepreneurs, in accordance with the Consumer Rights Act. For all other customers, the Seller is liable under the provisions of the Civil Code.
   2. Complaints regarding the Account service may be submitted to the Seller in accordance with the procedure set out in sections IX.3–5 of the Store Terms and Conditions.
   3. If the customer is dissatisfied with the way the complaint is handled by the Seller, they may also use out-of-court means of handling complaints and pursuing claims, in accordance with the procedure described in sections IX.6–7 of the Store Terms and Conditions.
5. Personal Data
   1. Full information regarding the processing of customers’ personal data, including for the purposes of managing the Account, is available in the Privacy Policy.
6. Amendments to the Account Terms
   1. The Seller may amend these Account Terms in accordance with section XI.3 of the Store Terms and Conditions. If the customer does not accept the new wording of the Account Terms, they may terminate the Account service agreement (by contacting the Seller electronically) with a 14-day notice period.

Newsletter Terms and Conditions
for the BioGecko Food store

1. General Provisions, Contact with the Seller
   1. These newsletter terms and conditions (“Newsletter Terms”) define the rules and conditions for the provision of the newsletter service by the Seller (“Seller”) – owner of the BioGecko Food online store (“Store”).
   2. The newsletter is a series of electronic messages sent by the Seller to the email address of a person who has given appropriate marketing consent (“Subscriber”). These messages include, in particular, commercial information about the Store and the Seller. They may also contain other content related to the Seller's activities, the Store's industry, or educational content that the Seller considers interesting and useful for customers or potential customers of the Store (“Newsletter”).
   3. These Newsletter Terms constitute the terms and conditions for the provision of an electronic service under the Act on the Provision of Electronic Services. The Newsletter service is an additional and auxiliary service in relation to the Seller's main business activity, i.e., offering Goods for purchase. The Newsletter service is provided free of charge.
   4. The Newsletter Terms supplement the Store Terms and Conditions. For matters not regulated by the Newsletter Terms, the provisions of the Store Terms apply.
   5. The Seller’s contact details for matters regarding the Newsletter service are the same as those for the Store:
      43-100 Tychy, ul. Dojazdowa 23
      email: contact@biogecko-food.pl
      phone: 519193636
2. Technical Requirements and Newsletter Functionality
   1. To use the Newsletter service, the following are required:
      1. a computer or other device with software capable of receiving emails,
      2. an active email address,
      3. access to the Internet.
   2. By subscribing to the Newsletter, the Subscriber can receive from the Seller email messages that may include, among others:
      1. information about new arrivals and promotions in the Store,
      2. discount codes and/or information about other special benefits for Newsletter subscribers,
      3. other content related to the Store and Seller’s operations, the Store’s industry, or educational content that, in the Seller’s opinion, may be interesting and useful for customers or potential customers of the Store.
   3. The Seller does not guarantee or declare any specific frequency of sending the Newsletter. The timing of delivery and the content of commercial information included in the Newsletter are determined solely by the Seller.
3. Agreement for Newsletter Service, Withdrawal, and Unsubscribing
   1. The Newsletter service agreement may be concluded:
      1. when a visitor to the Store fills out the relevant form on the Store’s website by providing their email address to receive commercial information,
      2. when placing an order in the Store – if the customer checks the appropriate box (so-called checkbox) in the cart to give consent for receiving commercial information.
   2. As an incentive for subscription, the Seller may offer a bonus (gift, so-called lead magnet) such as a discount code, digital content (e.g. free e-book), or another benefit related to the Store’s activity (e.g. one-time free delivery of Goods) (“Bonus”). Information about the Bonus is presented on the Store’s website at the time of subscription.
   3. The Bonus is sent to the Subscriber at the email address provided during subscription immediately after concluding the Newsletter agreement. The Bonus is provided in an appropriate digital form (e.g. a link to download an e-book, discount code, code to be entered at checkout for free delivery).
   4. The agreement for the electronic Newsletter service is concluded for an indefinite period. The Subscriber may unsubscribe from the Newsletter at any time without giving any reason. To do so, they must:
      1. click the unsubscribe link included in every Newsletter message, or
      2. contact the Seller electronically.
   5. The customer also has the statutory right to withdraw from the Newsletter service agreement within 14 days of its conclusion.
   6. The Seller may discontinue the Newsletter service at any time. All Subscribers will be notified accordingly.
   7. If the Subscriber does not open any Newsletter emails from the Seller for more than 2 years, the Seller (after additional notice) will stop providing the Newsletter service to that Subscriber.
4. Complaints
   1. The Seller is liable for the conformity of the Newsletter service with the agreement towards consumers and Privileged Entrepreneurs, in accordance with the Consumer Rights Act. For all other customers, liability is governed by the Civil Code.
   2. Complaints regarding the Newsletter service may be submitted to the Seller in accordance with the procedure outlined in sections IX.3–5 of the Store Terms and Conditions.
   3. If the customer is dissatisfied with the way the complaint is handled, they may also use out-of-court dispute resolution methods, as described in sections IX.6–7 of the Store Terms and Conditions.
5. Personal Data
   1. Full information on the processing of customers’ personal data, including for the purpose of providing the Newsletter service, is available in the Privacy Policy.
6. Amendments to the Newsletter Terms
   1. The Seller may amend these Newsletter Terms in accordance with section XI.3 of the Store Terms and Conditions. If the Subscriber does not accept the new wording of the Newsletter Terms, they may terminate the agreement with a 14-day notice period (by contacting the Seller electronically) or immediately (in the manner described in section III.3 of the Newsletter Terms).