Terms and conditions
About us and these Terms and Conditions:
Biodama is a company registered in Poland, Radymno under number 364 593 989 with registered office at Młyny 77, 37-552 Młyny, Poland. If you have any comments or suggestions, we would be pleased to receive them by emailing us at email@example.com
In these terms and conditions the following terms have the following meaning:
the natural or legal person who has placed an order for the supply of goods or services.
the subject of one or more agreements
· These general conditions are applicable to all offers, orders and agreements between buyer and seller.
· Accepting an offer or placing an order means that you agree with the terms and conditions
· Deviations from these terms and conditions are only valid if done in writing, in which case the remaining provisions shall remain in force.
· Seller reserves the right to change and/or amend the terms and conditions.
3 Quality and Supply
· Biodama offers high quality products as obtained from its direct suppliers. All our products have a proven effect, however seller does not guarantee any result by using the products and therefore cannot be held responsible.
· Always consult a physician when certain allergies occur or when a product has been swallowed.
· Biodama guarantees that the goods and/or services meet the specifications stated in the offer, the reasonable requirements of reliability and/or usability and do not conflict with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
· The goods and/or services are clearly and accurately depicted, and/or described as fully as reasonably required in such a way that the commercial purpose is clear. If there is a limited validity of the offer, this is clearly stated.
· Each offer contains such information so that the rights and obligations attached to accepting the offer are clear to the consumer. This concerns in particular the price, method of payment, shipping costs and other conditions.
· All offers are without obligation and seller expressly reserves the right to change prices, in particular under legal measures.
· A contract only exists after acceptance of said contract by Biodama. If the consumer has accepted the offer electronically, Biodama will send confirmation of this by email. As long as no confirmation has been sent by Biodama, the consumer can terminate the agreement.
· The vendor reserves the right to refuse orders or to apply certain terms to the delivery, unless explicitly otherwise stated. If Biodama does not accept an online order, you will immediately be notified of this by email.
· The contract may also be made in other languages besides English.
5 Prices and Payments
· The prices stated for the products and services are inclusive of VAT and exclusive of shipping costs, any taxes or other levies, unless otherwise stated or agreed.
· Payments can be made by the following means:
Through IDEAL (within Netherlands only)
Through Mister Cash (within Belgium only)
Bank transfer: IBAN Euro bank account: PL 92 1050 1546 1000 0092 2671 2637
· Payment can be made as stated above. However, in some cases, other payment conditions can be agreed upon. In case of bank payment, the date of payment is the date of transfer to the seller’s bank account.
· If you are in default on any payment, the seller is entitled to suspend or rescind the agreement and further agreements.
· If the prices of the products and services increase in the period between the order and its execution the costs will not be passed on to the buyer but be borne by Biodama.
· Delivery times stated by the seller are only indicative. You shall not be entitled to any damages if a delivery date is exceeded, nor shall you be entitled to cancel the order or rescind the agreement, unless the delivery date has been exceeded in such a way that you cannotreasonably be expected to maintain the agreement.
· The products are dispatched within 5 working days of receipt of payment.
· Products that are not in stock are delivered within 14 days after the order.
· products are in stock at the supplier.
· Seller is entitled to make use of the services of third parties during the shipment of your products.
7 Right of Revocation
The consumer reserves the right to revoke the contract within a period of 14 days without giving reasons.
This period of revocation elapses 14 days after the day that the consumer, or a third party appointed by the consumer other than the courier, has received the product or:
- if the consumer has ordered multiple products in one order: the day on which you or a third party appointed by you, received the last product.
- if the delivery of a product consists of various shipments or parts: the day on which you, or a third
party appointed by you, received the last shipment or the last part.
If customer needs to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item. All steps about returning process are given to the customer after receiving his revocation.
8 Obligations of the consumer during the revocation period
During this period, the consumer is obliged to treat the product and its packaging with utmost care. You may only unpack or use the product to such extent as is necessary to be able to assess whether the product meets the requirements of the consumer.
The consumer is only liable for depreciation of the product resulting from a manner of handling the product exceeding that which was permitted.
9 Exercising the right of revocation and the costs thereof
In order to make use of the right of revocation the consumer is obliged to notify Biodama by means of a written declaration, sent by post or email. For this you may use the example form for revocation, but this is not obligatory. You can also find a revocation form in the email confirmation of the order, with which you can exercise your right of revocation.
If the consumer has used the right of revocation within the appointed time, they should then send the product (or products) as quickly as possible, and within 14 days of the date of revocation, back to Biodama (address will be given in email confirmation)
The consumer sends the product back with all its original accompanying accessories, as far as is reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the company.
The consumer is responsible for the risk and the onus for appropriate and timely exercising of the right of revocation.
The consumer bears the direct costs of returning the product. If the company has not reported that the consumer is to bear these costs or if the company declares they will bear the costs themselves, the consumer is not required to bear the costs incurred for returning the product.
The consumer does not bear any costs incurred for performance of services or provision of water, gas or electricity, that were not ready for sale in a limited volume or quantity,or the supply of district heating, unless:
a. the company has not provided the consumer with the legally obliged information about the right of revocation, the reimbursement of expenses from revocation or the example form for revocation, or;
b. the consumer did not specifically request the commencement of the execution of the service or supply of gas, water, electricity or district heating during the reconsideration period.
The consumer bears no costs for the complete or partial delivery of digital content not supplied on a physicalmedium, unless:
a. they did not give their express consent prior to the delivery, to start fulfilling the contract before the end of the reconsideration period;
b. they have not acknowledged losing their right of revocation when giving their permission; or
c. the company has neglected to confirm this declaration of the consumer.
If the consumer uses their right of revocation, all additional contracts will be legally dissolved.
10 Consequences of revocation
If the contract is revoked, you will be reimbursed all costs incurred that relate to the revocation, including the delivery costs paid for by you, within 14 days. We will reimburse you in the same form of payment with which you paid the original sum or with the information that you originally gave on the model form for revocation.
Biodama will not charge for the reimbursement.
You are responsible yourself for the direct costs that need to be made for returning the products to Biodama.
11 Exceptions of the right of revocation
The following exceptions are applicable for the right of revocation:
The following products are excluded from the right of revocation:
The delivery of products that are not suitable to be returned, for reasons of health protection or hygiene and of which the seal has been broken.
Delivery of products that after delivery were irrevocably mixed with other products.
Products delivered that can quickly spoil or age, such as for example food with a limited shelf life.
Products delivered of which the price is dependent on fluctuations in the financial market on which the company has no influence.
The delivery of audio- and video recordings and computer software for which the seal has been broken after delivery
The delivery of individual newspaper, periodicals or magazines.
12 Ownership reservation
· Ownership of the products will only pass to you when we receive full payment of all sums due under any agreement with Biodama.
· The products will be at your risk from the time of delivery.
13 Complaints and liability
· At delivery, buyer should determine whether the products meet the requirements. If this is not the case, buyer must notify the seller as soon as possible, in any case within 14 days after delivery in writing and in sufficient detail.
· If it is demonstrated that the products do not meet the agreement, Biodama has the choice to replace the products or to refund the invoice value.
· Although we try to give you the best possible advice and information about the products and their use, we cannot be held responsible for: misuse and/or any injury, damage, side effects or allergic reactions resulting from the use of the products. Our products are in no way to be regarded as medicines. If symptoms persist you should always consult a doctor.
14 Privacy protection
When the contract is concluded, we collect and process the personal data, that you provide us in our system and use it for the duration of the settlement of the contract, i.e. for the order fulfilment and billing.
Personal data is any information enabling to identify an individual directly or indirectly, eg. name, postal address, e-mail address, bank account data, etc.
In case of a newsletter subscription we record your consent. The content of this statement is available at any time for you. The granting of the consent may be revoked at any time.
For purposes of advertising, market research and tailoring of our offer and product range, we use anonymous user profiles. You have the right to disagree to this use by sending us an e-mail.
We provide you free information about your personal data saved by us. You can ask for retification, erasure or blocking of your personal data at any time.
For the purpose of delivery of your goods, we provide the necessary personal data to the commissioned companies:
15 Orders and Communication
· Seller shall not be liable for any misconceptions, damages, delays or improper transmission of orders and messages resulting from the use of the Internet or any other means of communication between you and the seller, or between seller and third parties, insofar as pertaining to the relation between you and seller, unless and insofar as there has been an intentional act/omission or gross negligence on seller’s part.
16 Force Majeure
· Force majeure is defined as any default which cannot be attributed to the seller, as it is not due to his fault and cannot under the law, legal act or generally accepted standards be held against him.
17 Other provisions
· If you inform Biodama in writing or by e-mail of your address, seller is entitled to send all orders to that address, unless you indicate seller in writing or by e-mail of another address to which your orders are to be sent.
· Even if deviations from these Terms and Conditions have been permitted by seller, whether tacitly or not, for a short or long time period, this shall not affect its right to still demand immediate and strict compliance with these Terms and Conditions. You may never assert any right based on the fact that seller has applied these Terms and Conditions in a lenient manner.
18 Applicable Law and competent court
· To all rights, obligations, offers, orders and agreements to which these general conditions apply, including these general conditions, only Polish law applies.
· All disputes between parties will be brought before the competent court in the Poland.
19 Cookies policy