REGULATIONS OF THE ONLINE STORE

  1. These Regulations specify the general conditions, principles and the way of sale conducted by Glutenfree24 Sp. z. o. o. Sp.k. with its registered office in Katowice, through the online store www.balviten.com (hereinafter referred to as: “Online Store”) and sets out the rules of free electronic service provided by Glutenfree24 Sp. z. o. o. Sp.k. with its registered office in Katowice.
  2. Definitions
    1. Working days - shall mean days of the week from Monday to Friday with the exception of public holidays.
    2. Delivery - shall means the actual act of delivering to the Customer by the Seller, through the Deliverer, the Goods specified in the order.
      1. by courier company;
      2. InPost Paczkomaty Sp. z o.o. with its registered office in Krakow, providing Delivery services and servicing the post office box system (Paczkomat). Password - shall mean a string of letters, digits or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
    3. Customer - shall mean an entity for which, in accordance with the Regulations and the law, services may be provided electronically or with which a Sales Agreement may be concluded.
    4. Consumer - shall mean a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.
    5. Customer Account - shall mean a panel, individual for each Customer, launched on his behalf by the Seller, after the Customer has completed Registration and conclusion of the contract for the provision of the Customer Account Service.
    6. Entrepreneur - shall mean a natural person, legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
    7. Regulations - shall mean the present regulations.
    8. Registration - shall mean an actual activity performed in the way specified in the Regulations, required for the use by the Customer of all functions of the Online Store.
    9. Seller - shall mean Glutenfree24 Sp. z. o. o. Sp.k. with its registered office in Katowice (40-153), Al. Korfantego 191, NIP (Tax ID No.): 6342678062, REGON: 24086533, entered into the Register of Entrepreneurs kept by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register under KRS number 0000294541; e-mail address: biuro@balviten.com, which is also the owner of the Online Store, represented by the general partner: Glutenfree24 Sp. z. o. o. with its registered office in Siemianowice Śląskie (41-103), ul. Michałkowicka 103, entered into the Register of Entrepreneurs kept by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register under KRS number 0000441790 with share capital of PLN 5,000, NIP (Tax ID No.): 6431763065, REGON: 243117136.
    10. Online Store Website - shall mean the Internet websites, under which the Seller runs the Online Store, operating under the www.balviten.com domain.
    11. Goods - shall mean a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Contract.
    12. Durable medium - shall mean a material or tool enabling the Customer or the Seller to store information addressed personally to him in a way that allows access to information in the future for a period of time appropriate to the purposes for which this information is used, and which allows the stored information to be reproduced unchanged.
    13. Sales Contract - shall mean a sales agreement concluded remotely, under the principles specified in the Regulations, by and between the Customer and the Seller.
  3. General provisions and use of the Online Store
    1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to templates, forms, logos posted on the Online Store Website (except for logos and photos presented on the Shop Website for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
    2. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all common web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements enabling the use of the Online Store Website are a web browser in the version of at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an Internet connection with bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024x768 pixels.
    3. The Seller uses the mechanism of the so-called cookies, which, when the Customers use the Online Store Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of cookies is aimed at the correct operation of the Online Store Website on the Customer's end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customer's end devices or in the software installed on these devices. Every Customer can disable the cookies mechanism in the web browser of their end device. The Seller indicates that disabling cookies may, however, cause difficulties or prevent the use of the Online Store Website.
    4. In order to place an order in the Online Store via the Online Store Website and to use the services provided electronically via the Online Store Website, it is necessary for the Customer to have an active e-mail account.
    5. It is forbidden for the Customer to provide unlawful content and for the Customer to use the Online Store, the Online Store Website or free services provided by the Seller in a manner contrary to the law, decency or infringing the personal rights of third parties.
    6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus programs and programs that protect the identity of those using the Internet. The Seller never asks the Customer to provide them with the Password in any form.
    7. It is not allowed to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the Seller's interest, i.e. advertising activities of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting untrue or misleading content.
  4. Registration
    1. In order to create a Customer Account, the Customer is obliged to perform a free Registration.
    2. Registration is not necessary to make an order in the Online Store.
    3. In order to register, the Customer should complete the Registration form provided by the Seller on the On and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. The Customer establishes a personal password during Registration.
    4. When filling out the Registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
    5. During Registration, the Customer may voluntarily consent to the processing of his personal data for marketing purposes by checking the appropriate box in the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of this data.
    6. The Customer's consent to the processing of their personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the Customer Account Service. The consent can be withdrawn at any time, through submission of an appropriate declaration by the Customer to the Seller. The declaration can be for example sent to the Seller’s address by means of e-mail.
    7. After sending the completed Registration form, the Customer immediately receives, by e-mail to the e-mail address provided in the Registration form, confirmation of the Registration by the Seller. At this moment, an agreement for the electronic provision of the Customer Account Service is concluded, and the Customer gains access to the Customer Account and makes changes to the data provided during Registration.
  5. Orders
    1. The information contained on the Online Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Contract.
    2. Customer may place orders in the Online Store via the Online Store Website 7 days a week, 24 hours a day.
    3. The customer placing an order via the Online Store Website completes the order by selecting the Goods they are interested in. The Goods are added to the order by selecting the "ADD TO CART" command under the given Good presented on the Online Store Website. After completing the entire order and indicating the method of Delivery and the form of payment in the "CART", the Customer places the order by sending the order form to the Seller, selecting the "Order with obligation to pay" button on the Online Store Website. Each time before submitting the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Contract.
    4. Placing an order constitutes the Customer's submission to the Seller of an offer to conclude a Sales Contract for the Goods being the subject of the order.
    5. After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
    6. Subsequently, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller's declaration of acceptance of the offer referred to in §5 section 4 above and upon its receipt by the Customer, a Sales Contract is concluded.
    7. After concluding the Sales Contract, the Seller confirms its terms to the Customer by sending them on a Durable medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or ordering.
  6. Payments
    1. The prices on the Online Store Website placed next to the given Goods are gross prices and do not include information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Contract, about which the Customer will be informed when choosing the method of Delivery and placing the order.
    2. The Customer can choose the following forms of payment for the Goods ordered:
      1. bank transfer to the Seller’s bank account (in this case, the execution of the order will start after the Seller sends the confirmation of acceptance of the order to the Customer and after the funds are credited to the Seller's bank account);
      2. payment card or bank transfer via the PayU external payment system, operated by PayU S.A. with its registered office in Poznań (in this case, the execution of the order will start after the Seller sends the confirmation of acceptance of the order to the Customer and after receiving information from the PayU system about the successful completion of the payment);
      3. bank transfer via the external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case, the execution of the order will start after the Seller sends the Customer confirmation of the order and after the Seller receives information from the PayPal system about the payment made by the Customer);
      4. cash on delivery, payment to the Deliverer when making the Delivery (in this case, the execution of the order will be started after the Seller sends the confirmation of acceptance of the order to the Customer).
    3. The Customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
    4. In the event of the Customer's failure to make the payment within the time limit referred to in §6 section 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable Medium. Information about the additional deadline for payment also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Contract. In the event of ineffective expiry of the second payment deadline, the Seller shall send the Customer a statement of withdrawal from the contract on a Durable Medium pursuant to Art. 491 of the Civil Code.
  7. Delivery
    1. The Seller realizes the Delivery on the area of the European Union.
    2. The Seller is obliged to deliver the Goods being the subject of the Sales Contract without defects.
    3. The Seller places information on the Online Store Website about the number of Working Days required to perform the Delivery and processing of the order.
    4. The date of Delivery and order processing indicated on the Online Store Website is calculated in Working Days as per §6 section 2 of the Regulations.
    5. The ordered Goods are delivered to the Customer through the Deliverer to the address indicated in the order form.
    6. If InPost Paczkomaty Sp. z o. o. with its registered office in Krakow is selected as the Deliverer, the Delivery address will be the address of the parcel locker (Paczkomat) selected by the Customer at the time of placing the order.
    7. On the day of sending the Goods to the Customer, information confirming the shipment by the Seller is sent to the Customer's e-mail address.
    8. The Customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to request the Deliverer's employee to draw up a proper report.
    9. The Seller, in as per the will of the Customer, attaches a receipt or a VAT invoice covering the delivered Goods to the shipment being the subject of the Delivery.
    10. In the event of the Customer's absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier's employee will leave a advice of delivery or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Deliverer, the Seller will contact the Customer by e-mail or telephone, re-arranging the date and cost of Delivery with the Customer.
  8. Warranty
    1. The Seller ensures Delivery of the Goods without physical and legal defects. The Seller is liable towards the Customer, if the Good possesses physical or legal defect (warranty).
    2. If the Goods have a defect, the Customer can:
      1. submit a statement of price reduction or withdrawal from Sales Contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with ones free from defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free Goods or remove defects. The Customer may, instead of the defect removal proposed by the Seller, demand replacement of the Goods with defect-free ones, or instead of replacing the Goods, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would be exposed by a different method of satisfaction.
      2. demand replacement of the defective Goods to Goods free of the defects or to remove the defect. The Seller is obliged to replace the defective Goods with goods free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer.
    3. The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into compliance with the Sales Contract in a manner chosen by the Customer is impossible or would require excessive costs compared to the other possible way of bringing them into compliance with the Sales Contract. The costs of repair or replacement are incurred by the Seller. The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
    4. The Seller is liable under the warranty if a physical defect is found within two years from the delivery of the Goods to the Customer. A claim for removal of a defect or replacement of the Goods with a defect-free one expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Contract or submit a statement of price reduction due to a defect in the Goods. If the Customer demanded the replacement of the Goods with a defect-free one or removal of the defect, the deadline to withdraw from the Sales Contract or submit a statement on price reduction begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.
    5. Any complaints related to the Goods or the implementation of the Sales Contract may be submitted by the Customer in writing to the Seller's address.
    6. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or the complaint related to the implementation of the Sales Contract reported by the Customer.
    7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address biuro@balviten.com. In the complaint, the Customer should include a description of the issue. The Seller shall immediately, but not later than within 14 days, consider complaints and provide the Customer with a response.
    8. The Seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
  9. Withdrawal from Sales Contract
    1. A Customer who is a Consumer who has concluded a Sales Contract may withdraw from it within 14 days without giving any reason.
    2. The deadline for withdrawing from the Sales Contract is calculated from the moment the Goods are taken over by the Consumer. The Consumer may withdraw from the Sales Contract by submitting a declaration of withdrawal to the Seller. This statement may be submitted, for example, in writing to the Seller's address, via e-mail to the Seller's address. The statement may be submitted on the form, the template of which has been posted by the Seller on the Online Store Website at: Withdrawal form. To meet the deadline, it is enough to send a statement before its expiry.
    3. In the event of withdrawal from the Sales Contract, it is considered void.
    4. If the Consumer submitted a declaration of withdrawal from the Sales Contract before the Seller accepted his offer, the offer ceases to be binding.
    5. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Contract, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Consumer of proof of sending back the Goods, depending on which event occurs first.
    6. If the Consumer exercising the right of withdrawal has chosen a method of delivering the Goods other than the least expensive ordinary method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
    7. The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Contract. To meet the deadline, it is sufficient to send the Goods back to the Seller's address before the deadline expires.
    8. In the event of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the Goods.
    9. If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer about the costs of returning the item on the Online Store Website.
    10. The consumer is liable for any reduction in value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of the refund, which does not involve any costs for him.
    11. The right to withdraw from the Sales Contract is not granted to the Customer who is a Consumer in relation to contracts in which the Good is an item that deteriorates quickly or has a brief shelf life.
    12. The right to withdraw from the Sales Contract is not available to the Customer who is a Consumer in relation to contracts in which the Good is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygienic reasons, if the packaging was opened after delivery.
  10. Free services
    1. The Seller provides free services to Customers by electronic means:
      1. Contact Form;
      2. Newsletter;
      3. Customer Account Service.
    2. Services indicated in §10 section 1 above are provided 7 per week, 24 hours a day.
    3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services listed, about which he will inform the Customers in a manner appropriate for the amendment of the Regulations.
    4. The Contact Form service consists in sending a message to the Seller using the form placed on the Online Store Website.
    5. Resignation from the free Contact Form service is possible at any time and consists in stopping sending inquiries to the Seller.
    6. The Newsletter service can be used by any Customer who enters their e-mail address using the registration form provided by the Seller on the Online Store Website. After sending the completed registration form, the Customer immediately receives, by e-mail to the e-mail address provided in the registration form, an activation link in order to confirm subscribing to the Newsletter subscription. Upon activation of the link by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded.
    7. Additionally, during Registration, the Customer can check the appropriate box in the registration form to subscribe the Newsletter service.
    8. The Newsletter service consists in sending by the Seller, to the e-mail address, news in electronic form containing information about new products or services offered by the Seller. The newsletter is sent by the Seller to all Customers who have subscribed.
    9. Each Newsletter addressed to given Customers contains in particular: information about the sender, a completed "subject" field specifying the content of the message and information about the possibility and method of resigning from the free Newsletter service.
    10. The Customer may at any time unsubscribe from the Newsletter by unsubscribing via the link in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
    11. The Customer Account Service is available after registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel on the Store Website, enabling the Customer to modify the data provided during Registration, as well as tracking the status of orders and the history of orders already completed. The Customer who has registered may submit a request the Seller to delete the Customer Account, however, if a request is submitted to the Seller to delete the Customer Account, it may be deleted up to 14 days from the request.
    12. The Seller is entitled to block access to the Customer Account and free services in the event of the Customer acting to the detriment of the Seller, i.e. conducting advertising activities of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting untrue or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, the Customer's violation of the law or the provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified by security reasons - in particular in: breaking the security of the Online Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
  11. Personal Data Protection
    1. The rules for the protection of Personal Data are included in the Privacy Policy.
  12. Termination of the contract (not applicable to Sales Contracts)
    1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other Party before the termination of the above the contract and provisions below.
    2. The Customer who has registered terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of remote communication, enabling the Seller to read the Customer's declaration of will.
    3. The Seller terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Customer to the e-mail address provided by the Customer during Registration.
  13. Final provisions
    1. The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and within the limits of the losses actually incurred by the Customer who is an Entrepreneur.
    2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Online Store Website.
    3. In the event of a dispute arising on the basis of the concluded Sales Contract, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
    4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to settle disputes out of court. They may be, in particular, consumer ombudsmen or Voivodeship Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
    5. The Seller informs that at http://ec.europa.eu/consumers/odr/ there is an online system for settling disputes with consumers and entrepreneurs at the EU level (platform address platform between Powered by TCPDF (www.tcpdf.org) ODR).
    6. The Seller reserves the right to change these Regulations.
    7. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations that were in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of its publication on the Online Store Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the change in the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §12 of the Regulations.
    8. The Regulations come into force on 27/08/2018.

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