ONLINE STORE RULES AND REGULATIONS
CHAPTER 1. GENERAL PROVISIONS AND TERMS
1. The Rules and Regulations set out the terms and conditions for the provision of electronic services, including the use of the Store, and the rights, obligations and liability of the Seller and the Customer. The Rules and Regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, 683, as amended).
2. Each Customer shall read the Rules and Regulations.
3. The Rules and Regulations are available on the Store’s website and are made available free of charge also before the contract is concluded. At the Customer’s request, the Rules and Regulations are also made available in such a way as to enable obtaining, reproducing and saving its content by means of an ICT system used by the Customer (e.g. by e-mail).
4. Definition of basic terms:
1) Rules and Regulations: Online Store Rules and Regulations;
2) Seller or Service Provider: BIODIO Sp. z o.o. Sp. k., ul. Choroszczańska 24, 15-732 Białystok, conducting business activity under NIP number 5423393334, REGON 385435834, entered in the National Court Register under KRS number 0000826666;
3) Customer or Service Recipient: an individual who is over 18 years of age and has full legal capacity, a legal person and an organizational unit which has no legal personality, but can acquire rights and incur liabilities on its own behalf, which will establish a legal relationship with the Seller within the scope of the Store’s operations. A customer is also a Consumer if there are no separate provisions with respect to the Consumer;
4) Consumer: A Customer who is a natural person entering, with the Seller, into a legal transaction (purchase), which is not directly related to their business or professional activity;
5) Electronic Service – a service within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2017, 1219, as amended), provided by electronic means by the Service Provider for the Customer through the Website;
6) Store, Online Store or Website: Electronic service, Internet Store run by the Seller at the address http://hempking.eu/ through which the Customer concludes a distance sales contract, the parties are informed by electronic mail generated automatically that the
sale transaction has been concluded, and the performance of the contract (in particular the delivery of the Goods) takes place off-line;
7) Account – Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of records in the Service Provider’s ICT system, in which the data provided by the Customer and information on activities taken within the Store are collected;
8) Goods or Product – goods sold in the Store, offered by the Seller;
9) Contract – a distance contract concerning the purchase of Goods, concluded as a result of placing an Order by the Customer in the Store and its acceptance by the Seller;
10) Form – a script which is a means of electronic communication that enables placing an Order at the Store or performing other activities at the Store;
11) Order – an instruction to purchase Goods submitted by the Customer by means of technical communication;
12) Newsletter – Electronic Service, an electronic distribution service provided by the Service Provider by means of electronic mail (e-mail), which enables all Customers using it to automatically receive cyclical messages (newsletters) from the Service Provider, containing information about the Website, including news or promotions at the Store.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
1. Seller’s details for the purpose of contacts with the Customer: Biodio Sp. z o.o. Sp.k., Choroszczańska 24, 15-732 Białystok, phone: +48 884 734 844
2. The Seller offers the following types of Electronic Services:
1) Online Store,
3) Providing opinions (commenting),
3. The Seller provides Electronic Services in accordance with the Rules and Regulations.
4. The technical condition for using the Store is that the Customer needs to have a computer or other devices enabling them to browse the Internet, appropriate software (including a web browser), Internet access and a current and active e-mail account.
5. The Customer is prohibited from sharing illegal content.
6. The use of the Store may entail threats typical of Internet use, such as spam, viruses or hacking attacks. The Seller takes action to counter these threats. The Service Provider affirms that the public nature of the Internet and the use of services provided by electronic means may entail the risk of acquiring and modifying data of Users by unauthorized persons, so Users should use appropriate technical measures to minimize the risks mentioned above, including anti-virus and identity protection programs for Internet users.
7. A contract for the provision of Electronic Services is concluded online through the Store. The Customer may terminate the use of Electronic Services at any time by leaving the Store or by deleting the Customer account. In such a case, the contract for the provision of Electronic Services is automatically terminated without the need for additional statements by the parties.
8. It is impossible to use the Store anonymously or using a pseudonym.
CHAPTER 3. PERSONAL DATA PROTECTION
Biodio Sp. z o.o. Sp.k., as a Personal Data Controller, in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR, Official Journal of the European Union L, No. 119, p. 1), provides information on the processing of personal data:
1. The Personal Data Controller is Biodio Sp. z o.o. Sp.k. The registered office of the controller is located at ul. Choroszczańska 24, 15-732 Białystok. The Controller can be contacted via e-mail: [email protected], by traditional mail and by phone: +48 884 734 844.
2. Depending on the purpose of data processing and the form of contact with Biodio Sp. z o.o. Sp.k., you may be asked to provide more or less information necessary for the provision of services offered by Biodio Sp. z o.o. Sp.k., i.e.: first and last name, correspondence address, e-mail address, telephone number, data necessary for issuing an invoice, etc.
3. Personal data can be processed for the following purposes:
– to provide information on the products offered by Biodio (e-mail and text message marketing, analysing customer’s interests in order to offer them the most suitable purchase options),
– to handle contacts with customers and other interested persons, including handling of enquiries,
– to send a newsletter,
– to implement business cooperation,
– to administer the site, run a blog
– to conclude and perform a contract as well as make settlements in connection with the services provided, in accordance with the standards, to and fulfil the obligations of a controller set out in the provisions of generally applicable law,
– to pursue claims related to the contract concluded, for the purpose of debt enforcement and complaints.
4. Depending on the case, personal data may be processed on the basis of:
consent in relation to being contacted, being recorded in the customer database, receiving a newsletter and commercial information by e-mail and text messages (Article 6(1)(a) of the GDPR: the data subject has consented to the processing of their personal data for one or more specified purposes), which can be withdrawn at any time; however the withdrawal of consent does not affect the lawfulness of the processing of personal data during the period when the consent was valid); Biodio Sp. z o.o. Sp. k. obtains consents on the basis of the provisions of the GDPR, the Telecommunications Law and the Act on the Provision of Electronic Services;
conclusion and implementation of a contract (Article 6(1)(b) of the GDPR: processing is necessary for the performance of a contract which the data subject is a party to or in order to take actions at the request of the data subject prior to entering into a contract);
legal obligation of the controller (Article 6(1)(c) of the GDPR: processing is necessary to fulfil the legal obligation of the controller);
legitimate interest of the controller (Article 6(1)(f) of the GDPR: processing is necessary for the purposes arising from legitimate interest of the controller or a third party, except where the interest or fundamental rights and freedoms of the data subject override that interest). We invoke the legitimate interest of Biodio Sp. z o.o. Sp.k. during the analysis, development, improvement and optimization of the site, products and services (primarily to ensure the security of the site, networks and systems), as well as the enforcement of claims related to the concluded contract, in order to enforce claims or complaints.
5. Personal data collected by Biodio Sp. z o.o. Sp. k. can be accessed only by authorized employees as well as authorized persons and entities to whom the Controller entrusts the processing of personal data by means of concluded data processing agreements, under Article 28 of the GDPR (e.g. entities providing accounting services, courier services, service providers, i.a. IT system providers). Personal data may be made available i.a. to state authorities under the law or to other entities authorized under the law, in order to perform the Controller’s obligations (e.g. post office, payment operators).
6. Personal data will be stored for the period necessary to achieve the purpose for which they have been collected and are processed (e.g. for the period of storage of contractual or accounting records under the law), until the end of the statute of limitations for claims related to the concluded contract, and personal data processed on the basis of consent will be stored until it is withdrawn. The period of processing may be extended in the case where processing is necessary to establish and assert possible claims or defence against them, and thereafter only if and to the extent required by law or your consent. At the end of the processing period, the data are irreversibly deleted or anonymised.
7. You have the following rights, provided that the conditions set out in Articles 15 to 22 of the GDPR are met and are not excluded by special provisions:
– the right to be informed about the processing of personal data,
– the right to obtain a copy of the data,
– the right to rectify the data,
– the right to data erasure,
– the right to limit processing (except for important reasons of public interest of the Republic of Poland or the European Union),
– the right to object to processing (including profiling),
– the right to data portability,
– the right to withdraw consent by notifying HempKing Sp. z o.o. by e-mail,
– and the right to lodge a complaint – in case the processing of personal data is considered to violate the provisions of the GDPR or other regulations concerning personal data protection (the data subject may lodge a complaint with the President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw, phone: 22 531 03 00).
8. The provision of personal data is voluntary, but failure to provide data will render service provision impossible.
9. Biodio Sp. z o.o. Sp.k. does not transfer personal data outside the European Economic Area.
10. With the consent of the User of the site http://hempking.eu, the Controller can perform profiling by observing and analysing the products recently browsed on the site in order to offer purchase options that are most interesting to the customer. For example, the volume and frequency of purchases and the type of products selected may be analysed to better match the messages sent or information displayed on the site to the needs of the User. Consent to profiling may be withdrawn at any time. The Users also have the right to object to that. The right to object and withdraw your consent can be exercised by sending an e-mail to: [email protected] Your data are not and will not be subject to automated decision making.
CHAPTER 4. ADDITIONAL INFORMATION
2. An account allows the Customer to enter or modify data, make or check Orders and view Order history.
3. The Electronic Account service is provided free of charge for an indefinite period.
4. The Customer may at any time resign from the Account at the Store, by sending an appropriate request to the Seller via e-mail to [email protected], or in writing to the Seller’s address: ul. Choroszczańska 24, 15-732 Białystok. A withdrawal of consent to the processing of personal data given when setting up an Account is tantamount to resignation from an Account at the Store.
5. It is also possible to shop without registering an Account. The Customer’s personal data is collected by the Seller for the purpose of implementation of the sales contract and delivery of the purchase.
1. The Newsletter Service is aimed at providing the Customer with the ordered information on the activities of Biodio Sp. z o.o. Sp.k., which is not marketing information.
3. A link confirming the Newsletter subscription will be sent to the Customer’s e-mail address.
4. The Electronic Newsletter Service is provided free of charge for an indefinite period of time.
5. The Customer may resign from the Newsletter subscription at any time by sending a relevant request to the Seller via e-mail to [email protected] or [email protected], or in writing to the Seller’s address: ul. Choroszczańska 24, 15-732 Białystok. A withdrawal of consent to the processing of personal data given when ordering a Newsletter subscription is tantamount to the resignation from the Newsletter.
1. In order to promote its products, Biodio Sp. z o.o. Sp.k. sends marketing information by e-mail and text messages to persons who have given their marketing consent via the website https://www.hempking.eu/.
2. Marketing consent covers: sending commercial information by means of electronic communication, in particular electronic mail (Act on the Provision of Electronic Services), using telecommunications terminal equipment and automated calling systems for the purposes of direct marketing (Telecommunications Law), as well as being recorded in the contact database.
3. Marketing consents are voluntary and can be withdrawn at any time.
4. Biodio Sp. z o.o. Sp.k. does not make customer data available for marketing by other entities.
5. Biodio Sp. z o.o. Sp.k. ensures that the conducted marketing campaigns comply with the provisions of the Telecommunications Law, the Act on the Provision of Electronic Services and the GDPR.
1. The Seller enables Customers to place individual and subjective statements (opinions, comments) of a Customer, in particular concerning the Goods, on the Store’s website.
2. The Seller is not liable for the content of opinions and comments posted by the Customer.
3. The service is provided free of charge for an indefinite period.
5. The Seller may use the opinions for the needs of the content published on the Website.
CHAPTER 5. SALE
1. All Products offered at the Store are new and have no defects.
2. A detailed description of the Goods is available on the Store’s website.
3. The Goods may be covered by warranty or after-sales services. For detailed information in this respect, please go to the FAQ section.
Orders and their execution
1. An order can be placed by completing a Form available at the Store.
2. Orders can be placed with or without registering an Account at the Store (guest shopping).
3. The Customer is obliged to fill in the Form carefully, providing all correct data and specifying the selected method of payment and delivery.
4. The Customer provides data in the Form and makes statements on the acceptance of Rules and Regulations, the processing of personal data and the provision of commercial information.
5. Orders at the Store can be placed 24/7. Orders placed on Saturdays, Sundays or public holidays are processed on the next business day.
6. An Order is confirmed by the Customer by selecting the “Order with obligation to pay” button (field). The Seller will send the Customer a confirmation of the Order to the e-mail address provided by the Customer.
7. The Order completion time (i.e. until the day of shipment of the Goods) is up to  business days.
1. All prices of the Goods quoted at the Shop are gross prices in PLN (prices include VAT). The price of the Goods does not include the costs referred to in clause 2 below. The price of the Goods as quoted at the time when the Customer places an Order is binding on both parties.
2. The costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and other costs, if any, shall be borne by the Customer. The amount of these costs may depend on the Customer’s choice of the delivery method of the Goods. Information on these costs shall be provided at the stage of placing an Order.
3. The Customer can choose one of the following forms of payment:
• traditional transfer – payment
• online transfer – PayU
• payment card – PayU
• cash on delivery – COD
4. For each Product sold, the Store shall issue a proof of purchase and shall deliver it to the Customer, provided that the provisions of generally applicable law require such delivery.
5. The Customer is obliged to make a payment within  days from the date of conclusion of a sales contract. If the Customer fails to make a payment within this time limit, then – in accordance with Article 491 § 1 of the Civil Code (Journal of Laws of 2017, 459, as amended) – the Seller shall set the Customer an additional time limit for payment – after an ineffective lapse thereof the Seller shall have the right to withdraw from the contract. If the Customer declares that they will not perform, the Seller may withdraw from the contract without setting an additional time limit, also before the lapse of the specified time limit for performance.
1. The Product is sent to the address the Customer indicated in the Form, unless the Parties agree otherwise.
2. The Product is delivered by a courier company or by a postal operator, according to the Customer’s choice. A parcel sent through a postal operator should be delivered within  business days from the date of shipment of the Goods, and a parcel sent via a courier company – within  business days from the date of shipment of the Goods.
3. The Customer may collect the Goods in person at the address [to be determined in the town of Siemiatycze].
4. Together with the Goods, the Seller issues to the Customer all elements of its equipment, operating and maintenance manuals as well as other documents required by the provisions of generally applicable law.
5. The Seller points out that:
1) upon the release of the Goods to the Customer or the carrier, the benefits and burdens associated with the Goods and the risk of accidental loss of or damage to the Goods shall pass to the Customer. When the Goods are sold to the Consumer, the risk of accidental loss or damage to the Goods passes to the Consumer upon the release of the Goods to the Consumer. The Goods shall be deemed released upon being entrusted by the Seller to a carrier if the Seller had no influence on the choice of the carrier by the Consumer,
2) The acceptance of a consignment containing the Goods by the Customer without reservations shall result in expiration of the claims for defect or damage in transport unless:
1. a) the damage has been recorded in a protocol before the shipment was accepted;
2. b) it was not recorded in the protocol through the fault of the carrier;
3. c) the defect or damage resulted from wilful misconduct or gross negligence of the carrier;
4. d) an authorized person revealed the damage, which could not have been noticed from the outside, after the acceptance of the consignment, and within 7 days demanded that its condition be established and proved that the damage occurred in the period of time between the take up of the consignment for transport and its release.
Additional information for the Consumer
1. The Contract is not concluded for an indefinite period and will not be subject to automatic renewal.
2. The minimum duration of the Consumer’s obligations under the Contract is the duration of the Contract’s implementation, i.e. payment and acceptance of the Goods.
3. The use of the Store by the Consumer does not involve an obligation to make a deposit or provide any other financial guarantees.
4. The Seller is not obliged to and does not apply the code of good practice referred to in Article 2(5) of the Act of 23 August 2007 on Counteracting Unfair Market Practices (Journal of Laws of 2016, 3 as amended).
CHAPTER 6. LIABILITY
1. Warranty liability is excluded in legal relations with Customers.
2. The Seller is liable towards the Consumer if the Goods have a physical or legal defect (warranty) under the principles set out in the provisions of the Civil Code (Journal of Laws of 2017, 459, i.e. as amended) and in the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, 683, i.e. as amended), i.a. on the following principles:
1) a physical defect consists in the non-compliance of the Goods with a contract. In particular, the Goods are not in conformity with the contract if:
1. a) The Goods do not have the characteristics which such an item should have in view of its purpose specified in the contract or arising from the circumstances or its intended purpose;
2. b) The Goods do not have properties of which the Seller ensured the Consumer;
3. c) The Goods are not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose of the said Goods;
4. (d) The Goods released to the consumer are incomplete.
2) The Goods have a legal defect if the Goods are owned by a third party or if they are encumbered with the right of a third party, as well as if a restriction in using or disposing of the Goods results from a decision or ruling of a competent authority; in case of sale of a right, the Seller is also responsible for the existence of such right;
3) The Seller shall be liable under warranty for physical defects that existed at the moment when the risk passed to the Consumer or resulted from a reason inherent in the Goods at that time.
4) The Seller is exempted from liability under the warranty if the Consumer was aware of the defect at the time of contract conclusion;
5) if a physical defect is found within one year from the release of the Goods, it is presumed that the defect or its cause existed at the time when the risk passed to the Consumer;
6) The Seller shall be liable under warranty if a physical defect is found within two years from the date of release of the Goods to the Consumer, and if the Goods purchased by the Consumer are used movable property, the Seller shall be liable under warranty if a physical defect is found within one year from the release of the Goods;
7) Consumer’s rights under the warranty:
1. a) a request to have the price of the Goods reduced or to withdraw from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with an item free from defects or removes the defect;
2. b) The Consumer may, instead of the removal of a defect proposed by the Seller, request replacement of the Goods with a defect-free one, or demand removal of the defect instead of having the goods replaced, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller. When assessing excessive costs, the value of the defect-free item and the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed;
8) The Consumer who exercises their rights under the warranty is obliged, at the expense of the Seller, to deliver the defective item to the place specified in the contract, and if such a place is not specified in the contract – to the place where the item was released to them.
CHAPTER 7. COMPLAINT HANDLING PROCEDURE
1. Complaints should be addressed to the Seller in writing to the address: [[email protected]]. The Customer may use a model complaint form available at the Store, but this is not a condition for processing the complaint.
2. If it is found that the parcel with the Goods has been tampered with, a part of it is lost or it is damaged, the Customer shall immediately (no later than within 7 days from shipment acceptance) file a complaint with the Seller. Taking such measures will make it possible to pursue claims against the carrier. This is not a prerequisite for the complaint to be considered.
3. The complaint should include a detailed description of the problem, the Customer’s demand and possibly also photographic documentation.
4. The Seller undertakes to consider the complaint within 30 days. If the Seller does not respond to the Consumer’s complaint within 14 days, it is considered that the complaint has been deemed justified.
5. If the complaint is accepted, the Seller will take appropriate action.
6. There is a possibility to resort to out-of-court methods of handling complaints and pursuing claims in legal relations with Consumers, including:
1) a possibility of electronic dispute resolution via the ODR (online dispute resolution) platform, available at http://ec.europa.eu/consumers/odr/;
2) a possibility of conducting arbitration proceedings before a common court, an arbitration court or other authorities;
3) a possibility of conducting mediation proceedings with the participation of an independent mediator.
CHAPTER 8. WITHDRAWAL FROM THE CONTRACT
1. The Seller or the Customer may withdraw from the Contract on the terms specified in the provisions of the Civil Code (Journal of Laws of 2017, 459, as amended).
2. The Consumer has the right to withdraw from the Contract within 14 days from receiving the Goods.
3. Information on withdrawal from the Contract by the Consumer is contained in the instruction on the right of withdrawal, available on the Store’s site.
4. The Consumer does not have the right to withdraw from the Contract with respect to certain contracts, i.e:
for the provision of services, if the Seller has provided the service in full with the express consent of the Consumer who has been informed prior to the commencement of service provision that after the Seller provides the service, the Consumer loses their right to withdraw from the Contract;
in which the price or the fee depends on fluctuations in the financial market, over which the Seller has no control and which may occur before the lapse of the time limit for withdrawal from the Contract;
in which the Goods are non-prefabricated, produced according to the Consumer’s specifications or serving to satisfy their individual needs;
for perishable Goods or Goods with a short shelf life;
covering the Goods that are delivered in sealed packaging which, after the packaging has been opened, cannot be returned due to the reasons related to health protection or for hygienic reasons if the packaging has been opened after delivery;
covering the Goods that are items which, after delivery, by their nature, are inseparably combined with other items;
in which the Goods are alcoholic beverages, the price of which was agreed upon on conclusion of the Contract, whose delivery may take place only after 30 days and whose value depends on market fluctuations, over which the Seller has no control;
in which the Consumer expressly requested the Seller to visit them in order to carry out urgent repair or maintenance; if the Seller provides additional services other than those which the Consumer requested, or provides items other than spare parts necessary for the performance of repair or maintenance, the right to withdraw from the Contract shall be vested in the Consumer with respect to additional services or items;
in which the Goods are sound or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;
delivery of newspapers, periodicals or magazines, except for a subscription agreement;
concluded by public auction;
for the provision of accommodation services other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the day or period of service provision is indicated in the contract;
for the supply of digital content which is not stored on a durable medium, if the performance has begun with the express consent of the Consumer before the expiry of the time limit for withdrawing from the contract and after the Consumer has been informed by the Seller that they lose the right of withdrawal from the contract.
CHAPTER 9. INTELLECTUAL PROPERTY
1. The rights to the Website and the content contained thereon belong to the Seller.
2. The website address of the Store as well as the content of the site http://hempking.eu are subject to copyright law and are protected by copyright and intellectual property right.
3. All logos, proper names, graphic designs, films, texts, forms, scripts, source codes, slogans, trademarks, service marks, etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting or distributing any content from the site http://hempking.eu without the owner’s consent is prohibited.
CHAPTER 10. FINAL PROVISIONS
1. The relevant provisions of generally applicable law shall apply in matters not regulated by the Rules and Regulations in legal relations with Clients or Consumers.
2. Any exceptions to these Rules and Regulations shall be made in writing in order to be valid.
3. The court competent to settle a dispute between the Seller and the Customer shall be the court with jurisdiction over the registered office of the Seller. The court having jurisdiction to resolve a dispute between the Seller and the Consumer shall be the court having jurisdiction according to general principles (the court with jurisdiction over the defendant’s place of residence) or any other court more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure).
on a prohibition against copying content from the site www.hempking.eu
All materials published on the website www.hempking.eu are protected by copyright. The owner of property rights to the materials published on the site is BIODIO Sp. z o.o. Sp. k. with its registered office in Białystok, ul. Choroszczańska 24, 15-732 Białystok.
The owner of the author’s economic rights points out, within the meaning of Article 25(1)(1) of the Act of 4 February 1994 on Copyright and Related Rights, that further distribution of materials published on the site www.hempking.eu for any purpose whatsoever without written consent is prohibited. It is forbidden to copy and distribute the photographs, images, designs, texts, brochures, graphic design, etc. published on the site on pain of legal sanctions or publish materials or parts thereof originating from www.hempking.eu on any website or server.