Statute
1. SCOPE OF SERVICES
These regulations define the terms and conditions for the Agent to provide intermediary services in the purchase of goods from Sellers.
2. GENERAL PROVISIONS
1. The Regulations are continuously available on the Website biogenlab.pl, in a way that allows every user to obtain, reproduce and store its content by printing or saving it on a data carrier at any time.
2. The Administrator of personal data processed in connection with the implementation of the Regulations is the Agent. Personal data is processed for the purposes, scope and based on the principles indicated in the Privacy Policy published on the Website.
3. The Agent declares that it adheres to all principles of personal data protection of Customers.
4. Providing personal data is voluntary. Every person whose personal data is processed by the Agent has the right to access its content and the right to update and correct it.
5. The Customer agrees to the collection, storage and processing of personal data by the Agent for a purpose directly related to the fulfillment of the ordered Product on the Website.
Detailed conditions for the collection, processing and protection of personal data by the Agent are set out in the Website's Privacy Policy.
6. The Customer is obliged to use the Website and the services offered by the Agent through it in a manner consistent with the provisions of the Regulations, principles of social coexistence, taking into account respect for personal rights and copyright and intellectual property of the Agent and third parties. It is forbidden for the user or Customer to provide unlawful content.
7. Use of the Website means any action of the Customer that leads to the Customer becoming familiar with all content placed on the Website.
8. Product promotions organized via the Website are not cumulative, unless the regulations of a given promotion state otherwise.
9. Contact with the Agent takes place via e-mail at info@biogenlab.pl.
3. GLOSSARY
The terms used in these Regulations mean:
Customer - a consumer within the meaning of Article 22 index 1 of the Civil Code, on whose behalf the Agent purchases goods from the Seller.
If you wish to withdraw from the sales agreement, PLEASE CONTACT US to confirm the Polish return address. Please do not send goods to the address above.
Seller - GL Advisory CO Limited, LAT 1512, 15/F, LUCKY CENTRE, NO.165-171 WAN CHAI ROAD, WAN CHAI, HONG KONG. Organization number : 75049358
Agent - Longevity Health Labs, 30 N Gould St, STE R, Sheridan, WY 82801, USA.
Note! The return address is located in Poland. Please contact us by email: info@biogenlab.pl
Intermediary service - a service provided by the Agent, in accordance with the rules set out in these Regulations.
Commission – includes remuneration corresponding to the difference between the amount paid by the Customer to the Agent's account and the amount transferred to the Seller for paying for the goods on behalf of the Customer and shipping to the address indicated by the buyer, which is due to the Agent under the intermediary agreement, as well as for the Agent's assumption of part of the obligations incumbent on the seller related to product liability; the amount of the commission depends on the type of goods.
Amount due to the Seller - the amount including the product price and transport costs.
Consumer Rights Act - the Act of May 30, 2014, on consumer rights (Journal of Laws item 827 as amended). VAT - tax on goods and services imposed on import in accordance with the Act of March 11, 2004, on tax on goods and services (Journal of Laws 2016.710 unified text).
Working day – one day from Monday to Friday, excluding public holidays.
Contact form – an interactive form enabling Customers to contact the Agent.
Order Form – an interactive form available on the Agent's website enabling an Order to be placed, in particular by adding a Product to the electronic shopping cart and specifying the terms of the Agreement.
Goods – movable property available on the website that is the subject of the Intermediary Agreement concluded between the Customer and the Agent.
Distance contract – a contract concluded between the Agent and the Customer within an organized system for concluding distance contracts, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Intermediary Agreement – an agreement concluded between the Agent and the Customer within an organized system for concluding distance agreements, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
Sales Agreement – an agreement concluded between the Customer and the Seller within an organized system for concluding distance agreements, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
The Agent acts as an intermediary between the Customer and the Seller.
Electronic service – a service provided electronically by the Agent via the Website.
Order – a declaration of will of the Customer submitted via the Website, using the Order Form, aimed at concluding an Intermediary Agreement, specifying in particular its terms, as well as the type and quantity of Goods, the method and cost of delivery, the form of payment and the Customer's data necessary for the performance of the agreement.
Website – the Agent's website available at biogenlab.pl
Payment method - the payment method chosen by the Customer for the order.
4. SCOPE OF INTERMEDIARY SERVICE
1. Within the intermediary service provided by the Agent, the Agent places an order for goods from the Seller on behalf and for the Customer, based on the power of attorney granted to him, and pays the fees related to bringing the goods to the Customer.
2. The intermediary service is provided based on specific arrangements between the Parties.
3. By placing an order, the Customer declares that they grant the Agent a power of attorney to order goods on behalf of the Customer and to pay the price and shipping costs of the goods to the Customer's address on behalf of the Customer. The Agent is authorized to act only within the scope of the power of attorney granted to them.
5. OBLIGATIONS OF THE PARTIES
The Agent hereby declares that in connection with the provision of intermediary services in the sale of goods from foreign sellers, the Agent assumes some of the obligations resulting from Polish law, incumbent on sellers of goods:
a) provides the Customer with necessary information and coordinates the process regarding the right to withdraw from the sales agreement,
b) conducts and examines complaint proceedings regarding the goods,
c) bears responsibility for the non-conformity of the goods with the agreement,
d) provides the customer, upon request, with instructions for use of the goods, and all necessary documents related to the goods in Polish.
6. INSTRUCTION TO ACTIVATE THE INTERMEDIARY SERVICE
1. The Customer submits an instruction to the Agent to activate the intermediary service regarding a given product via the Agent's website or contact form. Submitting an instruction to activate the intermediary service is considered as the Customer's explicit consent to commence the intermediary service.
2. Upon receipt of the instruction to activate the intermediary service, the Agent sends the Customer:
a) confirmation recorded on a durable medium,
b) information that, in accordance with the Consumer Rights Act, for the intermediary service to be performed before the expiry of 14 days from the date of concluding the agreement, the Customer's express request to that effect recorded on a durable medium is required,
c) information that the Customer loses the right to withdraw from the agreement if the Agent commenced the intermediary service with the Customer's express consent, who was informed before the commencement of the service that after the Agent's performance, they would lose the right to withdraw from the intermediary agreement.
3. The Agent provides the Customer with full information regarding the final price of the service, including all costs, and a description of the main features of the service. Information is available on the Agent's website.
4. When submitting an instruction to activate the intermediary service via the Agent's website, the Customer provides the Agent with the following data in the form: first name, last name, e-mail address, delivery address for the shipment, telephone number.
5. The Customer places an order after having read and accepted the provisions of these Regulations.
6. The Agent is obliged to provide the Customer with confirmation of the conclusion of the distance contract on a durable medium within a reasonable time after its conclusion and before the commencement of the service. This confirmation contains information about the main features of the service, including the subject of the service and the method of communication with the consumer.
7. The Agent activates the intermediary service immediately after receiving payment for the service from the Customer and after the Customer sends the Agent an explicit request to perform the service within 14 days from the date of concluding the agreement.
8. The performance of the intermediary service is considered to be the placing and payment of the order by the Agent with the Seller.
7. DELIVERY OF GOODS
1. The ordered goods are delivered to the address provided by the Customer when requesting the activation of the intermediary service.
2. The Agent declares that the delivery of the ordered goods will be made by the Seller within a maximum of 22 business days from the date of concluding the sales contract. If the customer does not receive the goods within the specified period, the Agent will place a new order with the Seller or refund the funds.
3. The Agent informs that orders placed during the holiday season may have extended processing times.
4. Packages are shipped from outside the European Union by the Seller. The Customer is the importer. The Customer is responsible for any tax obligations due to the import.
5. The Consumer receives information from the Agent about the dispatch of the parcel and its tracking number, which allows for tracking. Each shipment is a registered shipment.
6. The Customer is obliged to report non-delivery of the parcel no later than 30 days from the date of sending the parcel.
7. Delivery methods: InPost Courier, DPD, DHL, Polish Post.
8. PAYMENTS
1. Payment covering the order value, as referred to in point 3 below, is made in advance before the Agent begins providing services.
2. Payment can be made, at the Customer's choice, by bank transfer to the Agent's bank account, via the PayU, BLIK, Przelewy24, Paypal payment service.
3. The value of the order, specified each time with the goods, consists of the amount due to the Seller and the Commission due to the Agent.
4. All prices provided on the Agent's website are expressed in the selected currency.
5. At the Customer's request, the Agent issues a VAT invoice. The Agent issues the invoice without the customer's signature and sends it to the Customer electronically, to which the Customer agrees.
9. RETURNS
1. Within 14 calendar days from the date of receipt of the goods, the Customer may submit to the Agent a declaration of return of goods purchased from the Seller, which is equivalent to withdrawal from the contract.
2. Within 14 days from the date of receiving the declaration of return of goods, if during this time the Agent receives proof confirming its return to the Seller's address or when the goods are actually received back by the Seller, the Agent will refund the payments made by the Customer, i.e., the sum of the amount transferred to the Seller and the Agent's Commission.
3. The Customer is obliged to send the goods back to the Seller no later than 14 calendar days from the date of submitting the declaration of return. To expedite the refund procedure, the Customer may send the Agent proof of return of the goods.
4. In the absence of proof of return of goods provided by the Customer, the Agent will refund the payments made by the Customer, i.e., the sum of the amount transferred to the Seller and the Agent's Commission, only upon receipt of the goods by the Seller.
5. The Agent will refund payments using the same payment method used by the Customer, unless the Customer has expressly agreed to a different refund method that does not involve any costs for them.
6. A return declaration can be submitted electronically using the RETURN FORM. To meet the deadline referred to in paragraph 1, it is sufficient to send the declaration before its expiry.
7. The Customer is obliged to return the products to the Seller.
8. The Customer bears the costs of returning the goods to the Seller.
10. COMPLAINT PROCEDURE
1. In order to facilitate the Customer's complaint procedure, the Agent assumes the obligations related to the Seller's liability for non-conformity of goods purchased by the Customer with the contract. A complaint may be submitted by the Customer via e-mail to: info@biogenlab.pl. The Agent will respond to the consumer's complaint within 14 days of its submission. COMPLAINT FORM.
2. If the goods are not in conformity with the contract, the consumer may demand their repair or replacement (Article 43d of the Act of May 30, 2014, on consumer rights).
3. The Agent undertakes that, in the event of a consumer's request referred to in paragraph 2, it will, as a rule, replace the goods with defect-free ones. This will be done within a reasonable time from the moment the consumer informed about the non-conformity of the goods with the contract, and without excessive inconvenience to the consumer, taking into account the specificity of the goods and the purpose for which the consumer purchased them. The costs of replacement, including in particular the costs of postal fees, transport, labor and materials, shall be borne by the Agent.
4. The complaint referred to in paragraph 1 is considered based on information about the non-conformity of the goods with the contract and photographic documentation provided by the Customer, without the need to send the goods to the Seller or Agent. If necessary, in the case of a request for goods replacement, the Agent will collect the goods from the Customer at its own expense.
5. The Consumer is not obliged to pay for the ordinary use of goods that have subsequently been replaced.
6. The consumer may submit a declaration requesting a price reduction or withdrawal from the contract when:
a) The Agent refuses to replace the goods, or the replacement of the goods does not fulfill the consumer's right to bring the goods into conformity with the contract, or the non-conformity of the goods with the contract still exists despite actions taken by the Agent to bring the goods into conformity with the contract,
b) the non-conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without first resorting to remedies in the form of a request for repair or replacement of the goods,
c) it is clear from the Agent's declaration or circumstances that the Agent will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
7. The Agent shall refund to the consumer the amounts due as a result of exercising the right to a price reduction without delay, no later than 14 days from the date of receipt of the consumer's declaration requesting a price reduction.
8. The consumer may not withdraw from the contract if the non-conformity of the goods with the contract is insignificant. It is presumed that the non-conformity of the goods with the contract is significant.
9. If the non-conformity with the contract concerns only some of the goods supplied under the contract, the consumer may withdraw from the contract only in relation to those goods, and also in relation to other goods purchased by the consumer together with the non-conforming goods, if it cannot reasonably be expected that the consumer would agree to keep only the conforming goods.
10. In the event of withdrawal from the contract, the consumer shall immediately return the goods to the Agent at the Agent's expense. The Agent shall refund the price to the consumer without delay, no later than 14 days from the date of receipt of the goods or proof of their dispatch.
11. The Agent shall refund the price using the same payment method as used by the consumer, unless the consumer has expressly agreed to a different refund method that does not involve any costs for them.
12. In the event of discovering irregularities related to the functioning of the Agent's website, the Customer is entitled to report this fact by sending an e-mail to: info@biogenlab.pl
13. The Customer is entitled to file a complaint regarding the intermediary service provided by the Agent. The complaint may be submitted by the Customer via e-mail to: info@biogenlab.pl
14. The Customer's submission should include the Customer's address details, first name and last name, as well as a precise indication of the irregularity to which the submission refers, along with its justification.
15. The Agent will respond to the received submission within no more than 14 days from the date of its receipt.
16. All complaints regarding payments should be reported to the entity responsible for processing the payment, i.e., the bank or other entity through which monetary funds are transferred.
17. Due to the fact that the client is exclusively a consumer within the meaning of Article 22 index 1 of the Civil Code, the right to complain and withdraw from the contract is excluded for entrepreneurs making purchases for purposes related to their business activity but not of a professional nature for the buyer.
11. EVALUATION OF THE AGENT, SELLER AND ORDER FULFILLMENT
1. The Customer has the ability to rate the performance of contracts by the Agent and the Seller, as well as the goods sold, on the biogenlab.pl website. Ratings are provided by completing a special form available on the website.
2. Ratings given by the Customer are public and visible to other Customers.
3. Only verified Customers can post ratings on biogenlab.pl.
4. A verified Customer is a consumer who has verified their e-mail address and purchased the product for which they wish to post a comment.
5. Comments are subject to automatic moderation in the form of a filter that blocks content that is inappropriate or violates generally applicable legal provisions.
12. PROCESSING OF PERSONAL DATA
1. Personal data is processed in accordance with the provisions of the Act of May 10, 2018, on the Protection of Personal Data (Journal of Laws 2018, item 1000, as amended).
2. By providing personal data, the Customer consents to its processing by the Agent for the purpose of proper service provision.
3. Data entered into the registration form should be updated by the Customer. Data should be updated by changing the relevant data in the Customer's account.
4. The Customer may also consent to receive commercial information by electronic means of communication. If such consent is given, the Agent is authorized to send such content to the Customer electronically.
5. Personal data provided in the application and/or registration form will be processed and administered by the Agent.
6. The Customer has the right to access the content of their personal data and the right to request its correction, supplementation, or deletion on the principles specified in Articles 32-35 of the Personal Data Protection Act.
7. The Agent's website is a work within the meaning of the copyright law, and all copyrights belong exclusively to the Agent.
8. The Agent declares that all materials published on the Agent's website, including text, photographic, graphic materials, and their layout, constitute the intellectual property of the Agent or third parties.
9. The Agent prohibits the copying, reproduction, modification, distribution, or other forms of commercial use of materials owned by the Agent, as referred to in paragraph 1, without the prior written consent of the Agent.
14. TECHNICAL REQUIREMENTS
1. To use the Agent's website, the Customer must have a computer or other end device with access to the Internet.
2. To use the Agent's website, it is necessary to enable the handling of short text information called cookies (hereinafter: cookies). Disabling cookies prevents the Customer from fully using the Agent's website.
15. AMENDMENTS TO THE TERMS AND CONDITIONS
1. The Agent reserves the right to make changes to these Terms and Conditions, of which it will promptly inform, i.e., no later than 14 days before the changes are introduced, on the website.
2. The Agent will inform about the change to the Terms and Conditions by publishing information on the website about the changes, publishing the consolidated text of the amended Terms and Conditions, and indicating which of the existing provisions of the Terms and Conditions have been changed.
3. The Terms and Conditions may be changed at any time, in particular for important technical, legal, and/or organizational reasons, without the need to justify these reasons.
4. The Customer's use of the Agent's services after the entry into force of the changes to the Terms and Conditions is tantamount to accepting the introduced changes.
5. All changes to these Terms and Conditions come into force 14 days from the date of their publication on the website.
6. Changes to the Terms and Conditions after submitting a request for the activation of intermediary services do not affect the manner of its implementation.
16. FINAL PROVISIONS
1. These Terms and Conditions are made available to Customers free of charge, in a way that allows them to obtain, reproduce, and record their content.
2. These Terms and Conditions are available on the website under the "Terms and Conditions" tab.
3. Communication between the parties takes place electronically. The Agent will send information to the Customer to the e-mail address indicated during registration.
4. These Terms and Conditions come into force on the date of their publication on the website.
5. If one of the provisions of these Terms and Conditions is or becomes ineffective, this does not affect the binding force of the remaining provisions. In place of the ineffective provision of the Terms and Conditions, a rule will be applied that is closest to the goals of the invalid provision and these entire Terms and Conditions.
6. Any disputes arising from the provision of services by the Agent will be settled amicably, and in the absence of agreement, they will be resolved by the competent common court having jurisdiction over the subject matter and location.
7. For all legal relations arising from these Terms and Conditions, Polish law is applicable.
8. For matters not regulated in these Terms and Conditions, generally applicable legal provisions apply.
17. OUT-OF-COURT DISPUTE RESOLUTION
If the Customer is a consumer and the complaint procedure does not bring the desired result for the Customer, the Customer may use:
a) an application for dispute resolution to the permanent amicable consumer court operating at the Trade Inspection with an application for dispute resolution,
b) an application to initiate mediation proceedings to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Agent),
c) free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Detailed information regarding the possibility for a consumer Customer to use out-of-court methods of complaint handling and claim enforcement, as well as access rules to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.