§ 1 Introduction

  1. This Regulations sets out the rules for conducting transactions in the online store available at the address www.bjushop.com, operated by Marcin Bieńko, conducting business under the name “BJU Marcin Bieńko”, with its registered office at ul. Trzcinowa 27, 02-446 Warsaw, NIP 5262850096, REGON: 368696798, registered in the Central Register and Information on Economic Activity (CEIDG).

  2. The Regulations are an integral part of the sales contract concluded between the Seller and the Buyer.

  3. The offer of the online store is directed exclusively to persons with medical or cosmetic education. The store reserves the right to request appropriate documents and certificates necessary to purchase selected Products.

  4. All product prices indicated in the online store are expressed in Polish zlotys, are gross prices and do not include the cost of delivery.

  5. All products offered in the store are free from physical defects and have been legally introduced into commercial circulation in Poland. All products offered in the store are new, original, and have a current expiration date.

  6. Information about the Products constitutes an invitation to make an offer, in accordance with Article 71 of the Civil Code.

  7. ATTENTION: INVOICE! Please inform us before making a purchase about the necessity of issuing a VAT invoice for the company. Due to the amendment of the regulations, a VAT invoice for a receipt can be issued only if the purchaser’s VAT identification number is included on the receipt.

  8. Act of July 4, 2019 (Journal of Laws, item 1520).

§ 2 – Definitions used in the Regulations.

For the purposes of the Regulations, the following meanings of the terms used are adopted: Registration Form – a form available in the Online Store allowing for the creation of an Account; Order Form – an electronic service; an interactive form available in the Online Store enabling the Customer to place an Order, in particular by adding a Product to a virtual basket and specifying the conditions of the Sales Agreement, including the conditions of delivery and payment;

Customer – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality, to whom separate provisions grant legal capacity, placing an Order in the Online Store;

Civil Code – the Act of 23 April 1964 – Civil Code;

Consumer – a natural person concluding an agreement with the Seller within the Online Store, the subject matter of which is not directly related to their business or professional activity;

Account – an electronic service; a set of resources in the electronic system of the Service Provider, identified by an individual name (login) and password provided by the Customer, where data provided by the Customer and information about Orders placed by them are stored;

Basket – a part of the software of the Store, in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products;

Product – a movable item available in the Online Store being the subject of sale between the Customer and the Seller;

Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom separate regulations grant legal capacity, carrying out business activity on their own behalf, who uses the Online Store;

Regulations – these Regulations;

Online Store – an online store operated by the Seller at the web address: www.bjushop.com; Seller, Service Provider – Marcin Bieńko, conducting business under the BJU Marcin Bieńko name,

with its registered office in Warsaw, at ul. Trzcinowa 27, 02-446 Warsaw, NIP 52628550096, REGON:368696798, entered into the Central Register and Information on Economic Activity (CEIDG); Sales Agreement – a product sales agreement concluded between the Seller and the Customer through the Online Store;

Distance Agreement – an agreement concluded with the Customer within an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract inclusive;

Electronic Service – an electronic service provided by the Service Provider to the Service Recipient through the Online Store;

Service Recipient – a natural person, legal person, or organizational unit without legal personality using the Electronic Service;

Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827);

Act on the Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204);

Order – a declaration of will of the Customer made through the Order Form, directly aimed at concluding a Sales Agreement for a specific Product with the Seller.

§ 3: Electronic Services in the Online Store

  1. The following Electronic Services are available in the Online Store:

  2. Account

  3. Order Form.

  4. The use of Electronic Services by the Service Recipient is free of charge.

  5. The Electronic Service in the form of an Order Form is of a one-time nature, and its performance ends with the submission of an Order by the Service Recipient through the Order Form or with the earlier discontinuation of placing an Order through the Order Form.

  6. The use of the Order Form by the Service Recipient begins with the addition of the first Product to the virtual shopping cart in the Online Store.

  7. The Electronic Service in the form of an Account is provided for an indefinite period of time. The Service Recipient has the possibility to resign from using the Account at any time, without giving a reason, by sending a statement of resignation to the Service Provider.

  8. The use of the Account by the Service Recipient is possible after filling out the Registration Form and clicking the “Register” button. In the Registration Form, the Service Recipient must provide the following data: first and last name, residential address, e-mail address, contact number, access password to the Account, doctor’s license number, and specialization. In the case of Service Recipients who are not Consumers, they must also provide their NIP and company name.

  9. The Service Provider provides Electronic Services in accordance with the Regulations.

  10. To use the Electronic Service correctly, access to the Internet is required, as well as a properly configured browser with Microsoft Internet Explorer standards version 8.0 or higher or Mozilla Firefox version 12 or higher and enabled support for “cookies” and Java Script.

  11. It is prohibited for the Service Recipient to provide unlawful content, as defined and subject to the consequences under Article 14 of the Act on the Provision of Electronic Services.

§ 4: Order Placement Process

  1. The Online Store accepts orders placed online 24 hours a day, 7 days a week. Orders placed on Saturdays, holidays, and non-working days will be processed on the first working day following the day the order was placed.

  2. Placing an Order in the Online Store is only possible for a registered customer.

  3. The Online Store allows for the possibility of placing an order by email, provided that there are no doubts about the customer’s data, especially their professional qualifications.

  4. In order to place an Order, the customer is obliged to take the following steps:

  5. select the products that are the subject of the order by clicking the “Add to cart”

button,

  1. from the cart view, click the “Proceed to checkout” button.

  2. The sales agreement between the customer and the seller is concluded at the

moment of confirming the choice of Products by clicking the “Order with obligation to pay” button.

  1. Each placed Order will be confirmed by an email message confirming its acceptance.

  1. Until the choice of Products is confirmed by clicking the “Order with obligation to pay” button, the customer has the possibility to modify the content of the cart and the shipping details.

  2. The information provided by the customer during the Order placement process should be true and up-to-date. The seller reserves the right to refuse to fulfill the Order if the information provided by the customer is inaccurate and prevents the fulfillment of the Order, especially the delivery of the shipment. Before refusing to fulfill the Order, the seller will attempt to contact the customer by phone or email to verify the correct data.

  3. The Sales Agreement is concluded in Polish.

§ 5 Payments

  1. The Seller offers the following payment methods for the Order:

  2. a. traditional bank transfer to the Seller’s bank account specified during the placement of the Order,

  3. b. payment through the PayPal and PayU services, in accordance with the rules and regulations of the service available on the websites www.payu.pl and www.paypal.com.

  4. c. cash payment upon delivery – available only for Orders with a value not exceeding PLN 1,000 gross.

  5. In the case of traditional bank transfer payment, the transfer title should include the name and surname/business name of the Customer and the order number provided to the Customer in the confirmation email of the placed Order.

  6. The Order should be paid within 3 (three) days from the date of placing the Order. Failure to pay for the Order within the aforementioned period is considered as withdrawal from the Sales Agreement by the Customer.

  7. A fiscal receipt is attached to each Order or, upon the Buyer’s request, a VAT invoice is issued. The Buyer agrees to issue VAT invoices without the purchaser’s signature.

§ 6 Order Fulfillment.

  1. Order fulfillment involves preparing it for shipment to the address provided by the customer.

  2. In the case of orders paid using online prepayment methods (PayU and PayPal, traditional bank transfer), the start of order fulfillment may be delayed until the entire sales price is credited to the seller’s bank account.

  3. An order is considered fulfilled once it has been shipped.

  4. The detailed order fulfillment time is indicated in the product description. The online store makes every effort to ensure that the order fulfillment time is as short as possible.

  5. Products with different fulfillment times are shipped once the entire order has been completed.

  6. The seller will inform the customer about order fulfillment by sending an email to the customer’s email address.

  7. In the event that a product is unavailable and it is the only item in the order, the online store reserves the right to unilaterally cancel the order, and the customer will be notified by a separate email.

  8. Until the fulfillment of the order has been confirmed, the buyer has the right to make changes to the order or cancel the order by contacting the store’s employees by email or phone.

  9. Changes to the order or cancellation of the order are not possible after confirmation

of the fulfillment of the ordered goods.

  1. To ensure the highest security standards, the online store reserves the right to refuse to fulfill orders that raise doubts for the online store about the customer’s professional

qualifications or the use of the ordered products. In this case, the online store will contact the customer to clarify any doubts.

§ 7 Cost and conditions of delivery

  1. Orders are delivered to the address indicated by the Customer during the placing of the Order.

  2. The Seller sends the Order via a courier company or InPost lockers, according to the Customer’s choice.

  3. The estimated delivery time to the Customer is 1 (one) working day, counting from the day following the day of sending the shipment.

  4. The Buyer bears the cost of courier shipment, regardless of the number of ordered Products.

  5. The Online Store only fulfills Orders with delivery within the territory of the Republic of Poland. Fulfillment of Orders with delivery outside the country requires prior agreement with the Online Store.

  6. If the Buyer notices that the package has been damaged during transport when receiving the shipment, the Buyer should request the courier to draw up a protocol and refuse to accept the shipment.

  7. The contents of the shipment should be checked in the presence of the courier.

§ 8 Withdrawal from the sales contract

  1. The Customer may withdraw from the Sales Contract within 14 days from the date of conclusion of the Sales Contract without giving any reason by submitting a statement of withdrawal from the Sales Contract to the Seller.

  2. The deadline for withdrawal from the Sales Contract expires after 14 days from the day on which the Customer acquired the Product, or on which a third party other than the carrier and designated by the Customer acquired the Product.

  3. The deadline for withdrawal from the Sales Contract is preserved when the Customer sends a statement of withdrawal from the Sales Contract before the deadline for withdrawal from the Sales Contract expires.

  4. The Customer returns the Products subject to withdrawal from the Sales Contract immediately, and in any case not later than 14 (fourteen) days from the day on which the Customer informed the Seller of the withdrawal from the Sales Contract.

  5. The Customer bears the direct cost of returning the Products.

  6. The Seller shall return to the Customer, within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Contract, all payments made by the Consumer.

  7. The Seller shall make the refund using the same means of payment as used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for them.

  8. The address where the Customer can return the Product is: BJU Marcin Bieńko ul. Trzcinowa 27 02-446 Warsaw.

§ 9 Liability for defects.

  1. The seller is obligated to deliver the goods to the Customer free from defects.

  2. The seller is liable to the Customer if the Product sold has a physical or legal defect (liability for defects), on the terms specified in Art. 556 et seq. of the Civil Code.

  3. Any Product that is the subject of a Sales Agreement and has defects that make it inconsistent with the Sales Agreement may be claimed with respect to the deadlines and conditions for complaints arising from the relevant provisions of the law.

  4. Complaints should be addressed to the Seller.

  5. The Seller undertakes to consider complaints within 14 days of receiving the shipment containing the advertised Product.

§ 10 Privacy policy

  1. The administrator of personal data is the Seller.

  2. Personal data provided by the Customer is used solely for the proper handling of the Online Store to the extent specified by these Regulations and is not made available or disclosed to third parties. The Seller takes particular care to respect the privacy of Customers.

  3. By using the Online Store, the Customer consents to the processing of personal data to the extent necessary for proper and complete provision of services by the Service Provider.

  4. Customers using the Online Store have the right to access their personal data, modify it, and request the cessation of its processing at any time.

  5. The Online Store uses “cookies” to streamline the processing of personal data.

§ 11 Complaints

  1. If the Customer notices any production defects in the Product after receiving the Order, they should immediately notify the Online Store through the Customer Service Office, and then return the defective goods to the address of the Online Store.

  2. The costs associated with returning the advertised product are borne by the Customer. The returned order should include a receipt or VAT invoice, information about the product defect, and in the case of devices, cosmetic furniture, a warranty card. All complaints will be processed within 30 business days of receipt. Each complaint will be considered individually, and the Online Store will take all steps to reach an amicable and prompt resolution of the dispute.

  3. The Online Store is not responsible for damages incurred during the transport of

goods.

  1. The damaged product will be exchanged for a full-value, identical product, or if this

is not possible due to the lack of the product in stock or its withdrawal from sale. The Online Store will refund the buyer the equivalent of the price of the product, or offer them other products available in the store to choose from.

  1. Complaints will not be considered if the goods were not purchased on the website www.bjushop.com or if attempts to repair or modify the goods were identified.

§ 12 Final provisions

  1. In matters not regulated by these Regulations, the universally binding provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, and other special laws applicable to the activity and functioning of the Online Store.

  2. Photographs of Products and information about Products posted on the website www.bjushop.com are protected by copyright law. Copying and disseminating them without the Seller’s consent is prohibited.

  3. The Online Store reserves the right to indicate that the product presented in the photo may differ slightly from the product delivered due to the conditions of the graphic program.