TABLE OF CONTENTS
- General Provisions
- Definitions
- Rules for using the Online Store
- The procedure for concluding a Sales Agreement
- Prices and discounts (discount codes)
- Payment terms
- Warranty for products and digital content
- Right to withdraw from the agreement
- Complaints - products and services provided electronically
- Extrajudicial methods of handling complaints and pursuing claims
- Personal data protection
- Copyright
- Changes in Regulations
- Final Provisions
- Instructions on withdrawal from the Agreement
BEST LAB online store regulations
§ 1. General Provisions
- These Regulations define the rules of using the BEST LAB Online Store, in particular, the rules of registering and using the account on the Website and the Online Store, the terms and conditions of placing Orders electronically on the Online Store, the rules of concluding Sales Agreements using Products provided on the Online Store, the regulations of the complaint procedure, the rights and obligations of Customers, resolving disputes and the rules on which you can withdraw from the Agreement.
- The Online Store operates at www.bestlab.com.pl
- The Online Store is run by BEST LAB, which is owned by: BEST LAB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (ul. Grzybowska 87, 00-844 Warszawa, NIP: 5272991208, REGON: 521347329, KRS: 0000956521).
- Detailed contact details (e-mail address and telephone number) can be found in the CONTACT tab on the website: www.bestlab.com.pl.
§ 2. Definitions
Whenever the following terms are used in these Regulations, they shall be understood as:
- BEST LAB – BEST LAB LIMITED LIABILITY COMPANY (ul. Grzybowska 87, 00-844 Warszawa, NIP: 5272991208, REGON: 521347329, KRS: 0000956521);
- Customer – a natural person, a legal person or an organisational unit that is not a legal person, to which special regulations grant legal capacity and which places an Order within the BEST LAB Online Store;
- Privileged Customer – A Customer who is a Consumer or a Privileged Entrepreneur.
- Civil Code – Act of 23 April 1964 (vol. unit Journal of Laws of 2022 item 1360 as amended);
- Consumer – a Customer who is a natural person who performs a legal act with BEST LAB not directly related to their business or professional activity;
- User Account – a service provided electronically free of charge by BEST LAB, allowing the Customer to set up an individual account in the Online Store;
- Privileged Entrepreneur – A Customer who is a natural person conducting business activity and who concludes an agreement with BEST LAB directly related to their business activity but which is not of a professional nature for them;
- Regulations – these Regulations for the sale of Products electronically within the BEST LAB Online Store;
- GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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) (Official Journal EU L 119, p. 1);
- Online Store – the online service available at www.bestlab.com.pl, through which the Customer may, in particular, place Orders for Products offered by BEST LAB;
- Subscription – a recurring payment model for Products selected by the Customer, which will be delivered monthly in the form of a subscription until the Customer cancels this model at any time;
- Digital content – data produced and delivered in digital form;
- Sales Agreement – a Sales Agreement for Products within the meaning of, in particular, the Civil Code, the Act on the provision of products by electronic means and the Act on consumer rights concluded between BEST LAB and the Customer using the Online Store website;
- Product – all goods available and presented in the Online Store;
- Personal Data Protection Act – Act of 10 May 2018 on the protection of personal data (Vol. unit Journal of Laws of 2019, item 1781);
- Consumer Rights Act – Act of 30 May 2014 on consumer rights (Vol. unit Journal of Laws of 2020, item 287 as amended);
- Act on the provision of Products by electronic means – Act of 18 July 2002 on the provision of products by electronic means (vol. unit Journal of Laws of 2020, item 344);
- Order – a declaration of will of the Customer, aiming directly at concluding a Product purchase agreement.
§ 3. Rules for using the Online Store
1. The Customer may use the Online Store via their own User Account or as part of a one-time purchase without registering an account in the Online Store.
2. To use the Online Store, the Customer should obtain on their own:
- access to a computer station or terminal device with Internet access.
- an Internet browser (Internet Explorer, Mozilla Firefox, Google Chrome, or other compatible browsers) that allows the display on the computer screen of hypertext documents (HTML) linked on the Internet by the Java Script network service and the saving of cookies files;
- an active email account.
3. The Customer may create a User Account in the Online Store.
4. A User Account is created by completing the appropriate registration form in the Online Store.
5. Creating a User Account is voluntary and allows the Customer to use additional functions in the Online Store available to registered Customers, including checking the order status, viewing order history, and independently editing the Customer's data in the User Account.
6. The condition for registration is to agree to the content of the Regulations (by checking the appropriate box in the form), to consent to the processing of personal data (by checking the appropriate box in the form) and to provide personal data marked as mandatory.
7. To activate the User Account, the User must click on the link in the message sent automatically by BEST LAB to the e-mail address provided by the Customer.
8. After registration (setting up a User Account and its activation), an agreement is concluded between the Customer and BEST LAB for an indefinite period of time to maintain the User Account under the terms and conditions set out in these Regulations.
9. The Customer may resign from the User Account at any time without giving any reason and incurring any costs. For this purpose, the User should send their resignation to BEST LAB at the e-mail address: info@bestlab.com.pl, so the User Account is automatically deleted and the agreement in this respect is terminated.
10. Opinions about the online store
- The Customer of the Online Store has the option of voluntarily and free of charge issuing an opinion regarding purchases made in the Online Store. The subject of the opinion may also be an assessment, photo or review of a product purchased in the Online Store.
- After making purchases in the Online Store, the Seller transfers the data necessary to create an email invitation to the company handling the survey process. TrustMate SA, with its registered office at Bartoszowicka 3, 51-641 Wrocław, handles sending surveys and the collection of opinions in forms in full.
TrustMate SA sends the Customer an email with a request to leave a review and a link to an online form enabling the submission of a review. The online form enables the Customer to answer the Seller's questions regarding purchases, evaluate them, and add their own description regarding the purchase, such as opinions and photos of the purchased product. If you do not leave a review after receiving your first invitation, TrustMate may resend the invitation. - A review may only be submitted by a Customer who has made a purchase in the Seller's Online Store.
- The Seller publishes reviews submitted by the Customer in the Online Store and the TrustMate.io business card.
- The Customer may not use the issuance of a review for illegal activities, in particular for activities constituting an act of unfair competition towards the Seller or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.
- A review can only be issued for products actually purchased in the Seller's Online Store. Entering into fictitious/sham Sales Agreements to issue a review is prohibited. The author of the review cannot be the Seller himself or the Seller's employees, regardless of the basis of employment.
- An opinion may be removed by its author at any time.
§ 4. Procedure for concluding a Sales Agreement
1. Orders are accepted 24 hours a day, all year round, excluding exceptional situations related to service work. In this case, the following message will appear on the page: "We are sorry—the page is temporarily unavailable due to maintenance work" or a similar message.
2. Placing an order via the shop form and confirming it by the Online Shop is necessary for executing the order.
3. To conclude a Sales Agreement via the Online Store, go to the website www.bestlab.com.pl, select the Products or Digital Content, and take subsequent technical steps based on the messages displayed to the Customer and the information available on the website.
4. The Customer selects the Products or Digital Content by adding them to the shopping cart.
5. When placing an Order, until the purchase is confirmed, the Customer can modify the entered data and the selection of Products or Digital Content and their quantity. For this purpose, the Customer should follow the messages and information on the website.
6. A summary of the placed Order will be displayed After the Customer using the Online Store has provided all necessary data.
7. The summary of the placed Order will contain information regarding:
- subject of the order – type and quantity of Products or Digital Content;
- partial and total price of the Products or Digital Content ordered, including delivery costs and additional costs (if any) together with all applicable taxes and other components;
- amounts of discounts accrued;
- chosen payment method;
8. To place an Order, it is necessary to accept the content of these Regulations (check the appropriate box in the form), declare that you have read the information on the protection of personal data (check the appropriate box in the form), express consent to the processing of personal data (check the appropriate box in the form) and provide personal data marked as mandatory and press the button confirming the purchase.
9. An order placed via the Online Store entails an obligation to pay in accordance with Art. 17 of the Consumer Rights Act.
10. Placing an Order by the Customer constitutes a declaration of intent to conclude a Sales Agreement with BEST LAB in accordance with the content of these Regulations.
11. After placing the Order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order. Based on this, the Customer can verify the correctness of the purchase of Products and the amount to be paid. In addition, the Customer will receive information about these Regulations, instructions on the right to withdraw from the Agreement and a template for the declaration of withdrawal from the Agreement by e-mail.
12. The Agreement is deemed to have been concluded upon receipt by the Customer of the e-mail message referred to above.
13. Any other comments regarding the Order that the Customer would like to submit should be sent directly by filling in the "Additional Information" section when placing the order or via e-mail info@bestlab.com.pl.
14. If the execution of part of the Order is not possible (IT system failure, incorrect placement of the product on the Store's website), BEST LAB may propose to the Customer:
- cancellation of the entire Order (if the Customer selects this option, BEST LAB will be released from the obligation to fulfil the Order);
- cancellation of the Order in the part that cannot be fulfilled within the specified time (if the Customer selects this option, the Order will be fulfilled in part, and BEST LAB will be released from the obligation to fulfil the remaining part of the Order);
- dividing the Order and setting a new deadline for the part of the Order that cannot be completed by the initially set deadline (if the Customer selects this option, the Products included in the Order will be sent in several separate shipments, and the Customer will not incur additional costs related to dividing the Order into several shipments).
15. If the Customer does not select any of the above methods of executing the Order, BEST LAB will deliver the Products for which the Order can be executed on time, and the remaining scope of the Order will be cancelled. The Customer will be notified via e-mail to the address indicated in the Customer's account or by telephone.
16. If the Customer provides incorrect or inaccurate data, particularly an incorrect or inaccurate address, BEST LAB shall not be liable for non-delivery or delay in delivery of the subject of the Order to the fullest extent permitted by law.
17. Products purchased in the Online Store are delivered - depending on the delivery method chosen by the Customer:
- via a courier company;
- to InPost parcel lockers;
- electronically, to the e-mail address provided by the Customer when placing the order – in the case of Digital Content.
§ 5. Prices and discounts (discount codes)
- BEST LAB is a VAT payer in Poland. All Products or Digital Content prices given in the Online Store are gross prices in Polish zloty.
- BEST LAB informs Customers about a reduction in the price of Products or Digital Content. In addition to the reduced price, the lowest price for this product or service that was valid for 30 days before the reduction was introduced is also displayed.
- As part of the sale of Products, BEST LAB may grant Customers individual, one-time "Discount Codes" for the Products it offers. To use the "Discount Code," you must enter it in the appropriate field on the form and confirm it.
- As part of the sale, BEST LAB may provide Customers with discounts as part of current promotions. Taking advantage of these promotions is only possible if the Customer meets the conditions of the currently applicable promotion and simultaneously pays for the entire order. The amounts of discounts granted and the terms of current promotions granting them are displayed on the BEST LAB website each time. Discounts are calculated automatically if the conditions of the current promotion are met.
- The use of the "Discount Code" referred to in point 4 and the use of discounts under applicable promotions referred to in point 5 are independent of each other unless the information on the website www.bestlab.com.pl states otherwise.
§ 6. Payment Terms
1. Customers who wish to receive an invoice should express this desire when placing the order. For this purpose, the Customer should complete the “Additional Information” section and provide the data required to issue an invoice.
2. The prices of the purchased Products or Digital Content are the sum of all Products selected by the Customer, which are summarised in the Cart.
3. The Customer can pay for all ordered Products or Digital Content simultaneously or separately.
4. The Customer must pay for the purchased Products or Digital Content within 5 days from the date the Sales Agreement is concluded. If payment is not received within 5 days of placing the order, the order will be cancelled.
5. The Customer can pay in the following ways:
- Transfer to the BEST LAB bank account provided in the Order summary, i.e. PL48 1140 2004 0000 3602 8506 0186, Swift BIC code: BREXPLPWMBK;
- Payments via one of the following online payment systems:
- The entity providing payment services is Paynow (mElements SA with its registered office in Warsaw at ul. Prosta 18, entered under the KRS number 0000590484 into the Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register, NIP number: 522-304-78-92). Detailed terms and conditions of use of these products can be found here: https://www.paynow.pl/regulaminy;
- PayPal (PayPal (Europe) S.à rl et Cie, S.C.A. 22-24 Boulavard Royal, L-2449 Luxembourg, Commercial Register Number: R.C.S. Luxembourg B 118 349) detailed terms and conditions of use of this Product can be found here: https://www.paypal.com/pl/webapps/mpp/home;
- PayPo (PayPo Sp. z o.o. with its registered office in Warsaw, ul. Domaniewska 37, 02-672 Warsaw, KRS: 0000575158, NIP: 521-37-05-997, Regon: 362485126) detailed terms and conditions of use of these Products can be found here: https://paypo.pl/; - Payment by card - each card payment transaction is securely authorised by one of the online payment systems indicated above. Once payment is confirmed, the Order is transferred to the warehouse to prepare for shipment. Types of supported cards: Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro;
- Cash on delivery: payment upon receipt of the shipment from the courier;
- BLIK. One-Click BLIK payment is a payment made with just one click, without the need to provide all the data for each transaction. This online payment method allows you to make a payment in the www.bestlab.com.pl Online Store by entering a code from the Customer's bank's mobile application and then selecting the option to remember the bestlab.com.pl Online Store as a trusted company in the Customer's bank's mobile application [during the first transaction using the BLIK method, the Customer consents to the recording of data by one of the online payment systems indicated above and provides the BLIK code in the bank's application]. To perform transactions using One-Click BLIK, the Customer must have a verified Account and be logged in to the Online Store www.bestlab.com.pl. The customer must have an end device with an installed and working banking application allowing BLIK payments. The payment operation is performed between the Customer and the operator of the banking application used by the Customer. To pay with BLIK in the One-Click BLIK option, select this option when selecting the payment method.
§ 7. Warranty for the Product and Digital Content
1. If the Product does not comply with the Agreement, the Privileged Customer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
2. BESTLAB shall be liable for any lack of conformity of the Product with the Agreement existing at the time of its delivery and disclosed within two years from that time, unless the shelf life of the Product specified by the Seller, its legal predecessors or persons acting on their behalf is longer.
3. Pursuant to the provisions of the Consumer Rights Act, a privileged Customer may, in each case, request:
- Product exchange,
- repair of the Product.
4. Additionally, a Privileged Customer may submit a declaration of:
- reducing the price of the Product,
- withdrawal from the Agreement,
in a situation where:
- BEST LAB refused to bring the Product into conformity with the Agreement in accordance with Art. 43d section 2 of the Consumer Rights Act;
- BEST LAB has not brought the Product into conformity with the Agreement in accordance with Art. 43d section 4-6 of the Consumer Rights Act;
- the lack of conformity of the Product with the Agreement persists despite the fact that BEST LAB has attempted to bring the Product into conformity with the Agreement;
- the lack of conformity of the Product with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without prior use of the protective measures specified in Art. 43d of the Consumer Rights Act;
- it clearly stems from BESTLAB's statement or the circumstances that the company will not bring the Product into conformity with the Agreement within a reasonable time or without undue inconvenience to the Privileged Customer.
5. If a Product is subject to repair or replacement, the Privileged Customer must make it available to BEST LAB. BEST LAB collects the Product from the Privileged Customer at its own expense.
6. A Privileged Customer may not withdraw from the Agreement if the Product's nonconformity with the Agreement is immaterial.
7. In the event of withdrawal from the Agreement, the privileged Customer shall immediately return the BEST LAB Product at his/her expense to the following address: BEST LAB MAGAZYN (ul. Tartaczna 14, 26-600 RADOM). BEST LAB will refund the price to the Privileged Customer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return.
8. BEST LAB, as the Seller, shall return to the Privileged Customer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Privileged Customer's statement on the price reduction.
9. In the event of improper performance by BEST LAB of the Agreement for the provision of Digital Content, the Privileged Customer may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
10 If BEST LAB has not delivered the Digital Content, the Privileged Customer may request it to deliver it. If, despite this, BEST LAB does not deliver the Digital Content immediately or within an additional deadline expressly agreed between the Privileged Customer and BEST LAB, the Privileged Customer may withdraw from the Agreement.
11. The Privileged Customer may withdraw from the Agreement without requesting the delivery of Digital Content if it clearly stems from BEST LAB's statement or from the circumstances that the company will not deliver the Digital Content or the Privileged Customer and BEST LAB have agreed, or it clearly stems from the circumstances of concluding the Agreement, that the specified deadline for the delivery of Digital Content was of significant importance to the Privileged Customer and BEST LAB did not deliver it within that deadline.
12.BEST LAB is liable for any lack of conformity of the Digital Content with the Agreement that existed at the time of delivery and became apparent within two years from that time.
13. If the Digital Content is inconsistent with the Agreement, the Privileged Customer may request that it be brought into conformity with the Agreement.
14. Additionally, if the Digital Content is inconsistent with the Agreement, the Privileged Customer may submit a declaration of:
- price reduction,
- withdrawal from the Agreement,
provided that:
- bringing the Digital Content into compliance with the Agreement is impossible or requires excessive costs pursuant to Art. 43m sec. 2 and 3 of the Consumer Rights Act;
- BEST LAB has failed to bring the Digital Content into conformity with the Agreement within a reasonable time from the moment BEST LAB was informed by the Privileged Customer of the lack of conformity with the Agreement, and without undue inconvenience to the Privileged Customer, taking into account its nature and the purpose for which it is used;
- the lack of conformity of the Digital Content with the Agreement persists despite the Seller's attempt to bring the Digital Content into conformity with the Agreement;
- the lack of conformity of the Digital Content with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without prior recourse to the protective measure specified in Art. 43m of the Consumer Rights Act (i.e. demand that the Digital Content be brought into compliance with the Agreement);
- it clearly stems from BEST LAB's statement or the circumstances that the company will not bring the Digital Content into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Privileged Customer.
15. A Privileged Customer may not withdraw from the Agreement on the basis of the previous provision if the Digital Content is supplied in exchange for payment of a price and the lack of conformity of the Digital Content with the agreement is immaterial.
16. In the scope of Digital Content, BEST LAB is obliged to immediately refund to the Privileged Customer the price due as a result of exercising the right to withdraw from the Agreement or a price reduction no later than within 14 days from the date of receipt of the Privileged Customer's statement on withdrawal from the Agreement or a price reduction.
17. BEST LAB will refund the price using the same payment method as the Privileged Customer unless the Privileged Customer has expressly agreed to another method of refund that does not involve any costs for them.
18. In the event of a defect in the Product, a Customer other than a Privileged Customer may make a complaint about the defective Product on the basis of the warranty regulated in the Civil Code (Art. 556 – Art. 576 of the Civil Code). The warranty period is 2 years from the date of delivery of the Product.
19. In accordance with the Civil Code, a Customer who is an entrepreneur other than a Privileged Entrepreneur loses warranty rights if this Customer has not examined the Product at the time and in the manner accepted for Products of this type and has not immediately notified BEST LAB about the defect, and if the defect was discovered later if the Customer has not notified BEST LAB immediately after its discovery. To meet the above deadline, it is sufficient to send a notification of the defect before it expires.
20. When using the warranty, a Customer other than a Privileged Customer may under the terms set out in the Civil Code:
- submit a declaration of price reduction,
- in the event of a significant defect - submit a declaration of withdrawal from the Agreement,
- demand the replacement of the Product with a defect-free one,
- demand removal of the defect.
21. If it turns out that in order to consider the complaint, it is necessary to deliver the defective Product to BEST LAB, the Customer other than the Privileged Customer is obliged to deliver this Product to the following address: BEST LAB MAGAZYN (ul. Tartaczna 14, 26-600 RADOM).
§ 8. Right to withdraw from the Agreement
1. A Privileged Customer who has concluded a distance Agreement via the Online Store may withdraw from this Agreement within 14 days without giving any reason.
2. Annex No. 1 to these Regulations contains information on the right to withdraw from the Agreement, including the method and deadline for exercising this right and the costs of returning the Products in the event of withdrawal, which the Consumer shall bear.
3. The deadline for withdrawal from the Agreement, specified in sec. 1 starts from:
- the day on which the Privileged Customer came into possession of the Product or on which a third party other than the courier and indicated by the Privileged Customer came into possession of the Product;
- the day on which the privileged Customer came into possession of the last Product (batch or part thereof) or on which a third party, other than the courier and indicated by the Privileged Customer, came into possession of the last Product (batch or part thereof), in the case of an Agreement requiring the transfer of ownership of multiple Products that are delivered separately, in batches or parts;
- the day of conclusion of the Agreement - in the case of an Agreement for the provision of Digital Content.
4. A Privileged Customer may withdraw from the Agreement by informing BEST LAB about the decision to withdraw from the Agreement by sending an unequivocal statement to the BEST LAB address or to the e-mail address info@bestlab.com.pl.
5. A declaration of withdrawal from the Agreement may be submitted using the form template in Annex No. 2 to these Regulations; however, this is not obligatory and may be submitted in any form. BEST LAB will inform the Privileged Customer about receiving a declaration of withdrawal from the Agreement.
6. In order to meet the deadline for withdrawal from the Agreement, it is sufficient to send information regarding the exercise of the right to withdraw from the Agreement before the deadline for withdrawal specified in point 1 of this paragraph.
7. In the event of withdrawal from the Agreement, it is deemed not concluded. If a Privileged Customer submits a declaration of withdrawal from the Agreement before BEST LAB accepts this offer, the offer is no longer binding.
8. In the event of withdrawal from the Agreement, BEST LAB will immediately, no later than within 14 days from the date of receipt of the Privileged Customer's declaration of withdrawal from the Agreement, return to the Consumer all payments received from the Customer.
9. BEST LAB will refund using the same payment method used by the Consumer unless the Privileged Customer has expressly agreed to another refund method that does not involve any costs. In the event of the need to return funds for a transaction made by a Privileged Customer with a payment card, the Seller will refund the bank account assigned to that payment card.
10. BEST LAB asks that the Products be returned to the following address: BEST LAB MAGAZYN (ul. Tartaczna 14, 26-600 RADOM) immediately, and in any case no later than 14 days from the date on which the Privileged Customer informed BEST LAB about the withdrawal from the Agreement. The deadline is met if the Privileged Customer returns the Product before the 14-day period expires.
11. If BEST LAB has not offered to collect the Product from a Privileged Customer, it may withhold the refund until it receives the Product or until it is provided with proof of its return, depending on which event occurs first.
12. The Privileged Customer bears the direct costs of returning the Product.
13. A Privileged Customer is only liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to establish its nature, characteristics and functioning.
14. If the Product cannot be returned by regular post due to its nature, the Privileged Customer will also have to bear the direct costs of returning the Product. The Privileged Customer will be informed about the estimated amount of these costs by the Seller in the description of the Products in the Online Store or when placing the order.
15. The right to withdraw from the Agreement concluded at a distance does not apply in relation to the Agreement:
- in which the subject of the provision is a non-prefabricated Product manufactured according to the specifications of the Privileged Customer or intended to meet individual needs;
- where the subject of the service is a Product that spoils quickly or has a short shelf life;
- where the subject of the provision is a Product delivered in a sealed package which cannot be returned after opening it due to health protection or hygiene reasons if the package was opened after delivery;
- where the subject of the provision are Products which, after delivery, due to their nature, are inseparably connected with other items;
- for the delivery of Digital Content for which the Privileged Customer is obliged to pay the price if all of the following conditions are met:
- BEST LAB commenced execution with the express and prior consent of the Privileged Customer;
- The Privileged Customer was informed before the commencement of the execution that after BEST LAB completes the work, the right to withdraw from the Agreement is lost and has acknowledged this;
- BEST LAB provided the Privileged Customer with a legally compliant confirmation of the conclusion of the distance Agreement, including information about the above. consent, on a durable medium, within a reasonable time after the conclusion of the Agreement, at the latest before the commencement of the provision of the service.
§ 9. Complaints - products and services provided electronically
- The Customer may submit a complaint in any form.
- However, in order to improve contacts, BEST LAB encourages you to use the complaint form template in Annex No. 3 to these Regulations or to send a complaint to the e-mail address info@bestlab.com.pl.
- The complaint should include in particular: name and surname, correspondence address, e-mail address to which the response to the complaint is to be sent, if the Customer wishes to receive the response to the complaint via e-mail, date of purchase of the Products, type of the Products complained about, a detailed description of the defect and the date it was discovered, the Customer's request, as well as the Customer's preferred method of being informed about the method of handling the complaint.
- BEST LAB will consider and respond to the complaint within 14 days of its submission. The Customer will be informed about the method of handling the complaint in accordance with the data provided in the complaint.
- BEST LAB provides responses in writing or on another durable medium (e-mail).
- BEST LAB takes all possible actions to ensure the proper operation of the Online Store, to the extent resulting from the current technical knowledge and undertakes to remove any irregularities reported by Customers within a reasonable time.
- If the Customer detects any irregularities related to the operation of the Online Store, the Customer may notify BEST LAB of this fact.
- The Customer may report any irregularities related to the operation of the Online Store by e-mail to the following address: info@bestlab.com.pl.
- The complaint should include the name and surname, correspondence address, type, and date of the irregularity related to the operation of the Store.
- BEST LAB undertakes to consider each complaint within 14 days or to indicate to the Customer another deadline for considering the complaint if it is not possible to evaluate it within that period.
- BEST LAB provides responses in writing or on another durable medium (e-mail).
§ 10. Extrajudicial methods of handling complaints and pursuing claims
1. In the event of a dispute, the Customer can use out-of-court methods of complaint resolution and claim settlement.
2. Using out-of-court methods of complaint resolution and claim settlement is voluntary.
3. Detailed information on the possibility of using out-of-court complaint and claim settlement procedures by the Consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudspersons, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection, e.g.:
- uokik.gov.pl/spory_konsumenckie.php,
- uokik.gov.pl/sprawy_indywidualne.php,
- uokik.gov.pl/wazne_adresy.php.
4. A Customer who is a consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims:
- The Customer is entitled to refer the matter to a permanent consumer arbitration court referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Vol. j. Journal of Laws 2016, item 1059), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations for the organisation and operation of permanent consumer arbitration courts are specified in the regulation of the Minister of Justice of 25 September 2001 on determining the regulations for the organisation and operation of permanent consumer arbitration courts (Journal of Laws 2001, no. 113, item 1214);
- The Customer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art 36 of the Act of 15 December 2000 on the Trade Inspection (Vol. j. Journal of Laws 2020, item 1706), with a request to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller (BEST LAB). Information on the principles and procedures of mediation conducted by the Provincial Inspector of the Trade Inspection is available at the offices and on the websites of the individual Provincial Inspectorates of the Trade Inspection;
- The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller (BEST LAB), also using the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation and the Association of Polish Consumers).
5. A Customer who is a consumer may also use the platform of the online dispute resolution system between consumers and traders (Online Dispute Resolution, hereinafter referred to as ODR) available at https://ec.europa.eu/consumers/odr operating in the territory of the European Union. The ODR platform provides comprehensive services for consumers and entrepreneurs seeking out-of-court dispute resolution. The ODR platform is an interactive website that can be accessed electronically and free of charge in all official languages of the European Union.
6. In case of any questions related to extrajudicial methods of dispute resolution, we also encourage you to contact BEST LAB directly – info@bestlab.com.pl. BEST LAB provides responses in writing or on another durable medium (e-mail).
§ 11. Personal data protection
- Personal data is processed in accordance with the GDPR and the Personal Data Protection Act.
- Personal data are processed to ensure appropriate security, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, and use of appropriate technical or organisational measures.
- BEST LAB is the administrator of personal data transferred within the framework of all activities covered by these Regulations, including Product provision.
- The Administrator did not appoint a Personal Data Protection Officer.
- The details of the Personal Data Administrator and contact details can be found in § 1 of the Regulations.
- Personal data are processed on the basis of the consent to the processing of personal data expressed by the Customer.
- Personal data are processed to ensure appropriate security, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, and use of appropriate technical or organisational measures.
- The scope of personal data processed by the Administrator is as follows: name, surname, address, PESEL number, telephone number, e-mail address, bank account number, NIP and REGON numbers.
- Personal data are processed solely for purposes related to the execution of the Agreement and to take the necessary actions related to the conclusion of the Agreement itself, in particular:
- necessary for the performance of the Agreement to which the Customer is a party, pursuant to Art. 6 section 1 letter b) GDPR;
- necessary to conclude an Agreement based on your interest in the offer, pursuant to Art. 6 section 1 letter b) GDPR;
- surveys on customer satisfaction, which is the implementation of the legitimate interest of the Administrator and determining the quality of service, as well as customer satisfaction with the Products we provide, pursuant to Art 6 section 1 letter f) GDPR;
- possible pursuit or defence against claims, as the implementation of our legitimate interest, pursuant to Art. 6 section 1 letter f) GDPR;
- offering Products to Customers fulfils our legitimate interest in direct marketing, including products and Products provided by entities cooperating with us (partners).
- Providing personal data is not mandatory; however, failure to provide them will make the conclusion and performance of the Agreement impossible.
- In the case of data processed for the purpose necessary to perform an Agreement to which the Customer is a party, we inform you that they will be processed for the period in which claims related to the Agreement resulting from the provisions of the Civil Code and/or tax law may be disclosed, as well as for 5 years counting from the end of the calendar year in which the tax obligation arose. We process data for the purposes of direct marketing of our products until the Customer objects to their processing for this purpose.
- Personal data may be shared with our partners with whom we work to combine other products or services. Our subcontractors (processors) may also have access to your data, namely IT companies, accounting companies, auditing companies, and law firms. The Administrator does not intend to transfer any personal data of Customers to a third country or to international organisations.
- Everyone has the right to request access to their data, its rectification, transfer and deletion, receipt of a copy of the data, objection to data processing, as well as the right to limit data processing.
- Anyone who is concerned about the Administrator's processing of personal data has the right to lodge a complaint with the supervisory authority—the President of the Office of Competition and Consumer Protection in Warsaw.
- Based on your personal data, the Administrator will not make automated decisions towards Customers, including decisions resulting from profiling.
§ 12. Copyright
- All content available or made available on bestlab.com.pl and the Regulations constitute a work within the meaning of the provisions of the Act of 4 February 1994 on copyright and related rights (Vol. unit Journal of Laws of 2022, item 2509) and is protected.
- The owner of the Regulations, as well as all verbal and verbal-graphic markings used in the Regulations, on the website bestlab.com.pl and on the official BEST LAB social networking sites is BEST LAB.
- In particular, it is prohibited to copy and distribute the Regulations in whole or in part, including information about the Products and their individual elements, as well as logos, photographs, graphics, banners, signs, texts, etc.
§ 13 Changes in Regulations
- BEST LAB reserves the right to change these Regulations only for important technical, legal, or organisational reasons. Any change to the Regulations becomes effective and enters into force on the date indicated by BEST LAB.
- The change of the Regulations for Customers who have registered in the Online Store or have already placed Orders before the date indicated by BEST LAB shall be effective for these Customers after 14 days from the moment of posting information on the change of the Regulations on the website of the Online Store and notifying the Customer of the change of these Regulations by sending a message about the change of the Regulations to the Customer at the e-mail address provided in the registration form.
- Within the period indicated above, the Customer retains the right to withdraw from the Agreement without giving any reason. To exercise the right to withdraw from the Agreement, you must notify BEST LAB of this fact directly by sending a statement to the BEST LAB address or the e-mail address of the Online Store – info@bestlab.com.pl.
- A declaration of withdrawal from the Agreement may be submitted using the form template in Annex No. 2 to these Regulations; however, this is not obligatory and may be submitted in any form. BEST LAB will inform the Customer about receipt of the declaration of withdrawal from the Agreement and confirm the fact of withdrawal from the Agreement.
§ 14. Final Provisions
- In matters not regulated in these Regulations, the provisions of Polish law shall apply, in particular, the Civil Code and the Act on the provision of Products by electronic means, and in the case of Customers who are Consumers, also the provisions of the Act of 30 April 2014 on consumer rights.
- Information about the Products provided on the Online Store website, in particular their descriptions, composition, and prices, constitute an invitation to conclude an Agreement within the meaning of Art 71 of the Civil Code.
- These Regulations are the regulations referred to in Art. 8 Act on the provision of products by electronic means.
- The provisions of the Regulations concerning the consumer shall apply to a natural person concluding an Agreement directly related to his/her business activity, when it results from the content of this Agreement that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available under the provisions on the Central Register and Information on Business Activity.
- Personal data is protected under the terms set out in these Regulations and in the PRIVACY POLICY.
- When using the Online Store, IT data is collected according to the COOKIE POLICY.
- Customers can access these Regulations at any time via the link available on the website www.bestlab.com.pl download them, and print them.
- These Regulations contain the following annexes:
- Appendix No. 1 – Instructions on the right to withdraw from the Agreement;
- Annex No. 2 – Declaration of withdrawal from the Agreement;
- Appendix No. 3 – Filing a complaint.
Annex No. 1. Information on exercising the right to withdraw from the Agreement.
INSTRUCTIONS ON WITHDRAWAL FROM THE AGREEMENT
Right of withdrawal
You have the right to withdraw from this Agreement within 14 days without giving any reason. The deadline for withdrawal from the Agreement expires after 14 days from the date of the conclusion of the Agreement. To exercise your right of withdrawal, you must inform us:
BEST LAB LIMITED LIABILITY COMPANY (ul. Grzybowska 87, 00-844 Warszawa, NIP: 5272991208, REGON: 521347329, KRS: 0000956521) info@bestlab.com.pl
Detailed contact details can be found in the CONTACT tab on the website: www.bestlab.com.pl.
You must inform us of your decision to withdraw from this Agreement by means of an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). You may use the model withdrawal form, but this is not obligatory.
You can also complete and submit the withdrawal form or any other clear statement electronically on our website www.bestlab.com.pl. JIf you use this option, we will immediately send you confirmation of receipt of the information about withdrawal from the Agreement by e-mail.
Please send information about exercising your right to withdraw from the Agreement before the withdrawal deadline expires to meet the withdrawal deadline.
The right to withdraw from a distance Agreement does not apply if the Product was delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons and the package was opened after delivery. In such a case, the Customer loses the right to withdraw from the Agreement.
Consequences of withdrawal from the Agreement:
If you withdraw from this Agreement, we will reimburse you all payments received from you immediately and in any event, no later than 14 days from the day on which we are informed of your decision to exercise the right to withdraw from this Agreement.
We will reimburse you using the same means of payment you used for the initial transaction unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of this reimbursement.
Appendix 2. Sample withdrawal form. Please complete and return this form only if you wish to withdraw from the Agreement.
ATTENTION: ADDRESS FOR RETURNING PRODUCTS - BEST LAB MAGAZYN (ul. Tartaczna 14, 26-600 RADOM)
Annex No. 3. Complaint submission form. Please complete and return this form only if you want to complain.