TERMS AND CONDITIONS

The Online Store, available at www.bikormakeup.com, is operated by BIKOR Sp. z o.o. , located in Gdańsk (registered office address: ul. Piastowska 52, 80-332 Gdańsk and delivery address: Piastowska 83, 80-363 Gdańsk); registered in the National Court Register under number KRS 0000385313; registry court where the company's documentation is kept: District Court Gdańsk-Północ in Gdańsk, VII Economic Department of the National Court Register; share capital: 50,000.00 PLN; Tax Identification Number (NIP): 5842714978; Business Registry Number (REGON): 221228870 and email address: hello@bikormakeup.com.

These Regulations are aimed at both consumers and entrepreneurs using the Online Store (except for §9 of the Regulations, which is directed exclusively at entrepreneurs).

The data controller of personal data processed in connection with the implementation of these Regulations is the Service Provider. Personal data is processed for the purposes, within the scope, and based on the principles indicated in the privacy policy published on the Online Store pages. Providing personal data is voluntary. Everyone whose personal data is processed by the Service Provider has the right to access their data and the right to update and correct it.

Definitions:

• BUSINESS DAY – one day from Monday to Friday, excluding statutory holidays.
• REGISTRATION FORM – a form available in the Online Store that enables the creation of an Account.
• ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, especially by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
• CLIENT – an entity making purchases through the Online Store.
• CONSUMER – a Buyer who is a consumer within the meaning of Art. 221 of the Civil Code, i.e., a natural person who acquires a product not directly related to their business or professional activity.
• NON-PROFESSIONAL PURCHASING ENTREPRENEUR – a natural person concluding a contract directly related to their business activity when the content of this contract shows that it does not have a professional character for this person, resulting particularly from the subject of their business activity, disclosed under the regulations on the Central Registration and Information on Business.
• CIVIL CODE – the Act of the Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
• ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's teleinformation system, where data provided by the Service Recipient and information about the Orders placed by them in the Online Store are collected.
• NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all Service Recipients who use it to automatically receive from the Service Provider cyclic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
• PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement.
• REGULATIONS – these regulations of the Online Store.
• ONLINE STORE - the Service Provider's online store available at the internet address: www.bikormakeup.com.
• SELLER; SERVICE PROVIDER – the company BIKOR LIMITED LIABILITY COMPANY based in Gdańsk (registered office address: ul. Piastowska 52, 80-332 Gdańsk and delivery address: ul. Piastowska 83, 80-363 Gdańsk); registered in the National Court Register under number KRS 0000385313; the court registry where the company's documentation is stored: District Court Gdańsk-Północ in Gdańsk, VII Economic Department of the National Court Register; share capital: 50,000.00 PLN; Tax Identification Number (NIP): 5842714978; Business Registry Number (REGON): 221228870 and email address: hello@bikormakeup.com.
• ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
• SERVICE RECIPIENT – (1) a natural person having full capacity to perform acts in law, and in cases provided for by generally applicable regulations, also a natural person having limited capacity to perform acts in law; (2) a legal person; or (3) an organizational unit that does not have legal personality, which the law grants legal capacity; - using or intending to use the Electronic Service.

CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827 as amended).

ORDER - a declaration of will of the Client, made using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

§2 ELECTRONIC SERVICES IN THE ONLINE STORE

The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

Account – using the Account is possible after completing two consecutive steps by the Service Recipient – (1) filling out the Registration Form, (2) clicking the "Register" field. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient's data: first and last name/company name, email address, and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name, NIP number, address (street, house/apartment number, postal code, city, province, country), contact telephone number.

The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient has the possibility, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via email to the address: hello@bikormakeup.com or in writing to the address: ul. Piastowska 83, 80-363 Gdańsk.

Order Form – the use of the Order Form begins at the moment the first Product is added by the Client to the electronic basket in the Online Store. Placing an Order takes place after the Client has completed two consecutive steps – (1) after filling out the Order Form and (2) clicking on the "Confirm purchase" field on the Online Store website after filling out the Order Form – until this point it is possible to independently modify the entered data (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Client to provide the following data concerning the Client: first and last name/company name, address (street, house/apartment number, postal code, city, province, country), email address, contact telephone number and details of the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Clients who are not consumers, it is also necessary to provide the company name and NIP number.

The Electronic Service Order Form is provided free of charge and is of a one-time nature and ends with the placement of the Order through it or with the earlier cessation of placing the Order through it by the Service Recipient.

Newsletter – using the Newsletter occurs by ticking the appropriate checkbox while creating an Account – at the moment of creating the Account, the Service Recipient is subscribed to the Newsletter or by marking the appropriate checkbox while filling out the Order Form – at the moment of placing the Order, the Service Recipient is subscribed to the Newsletter.

The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to the address: hello@bikormakeup.com or in writing to the address: ul. Piastowska 83, 80-363 Gdańsk.

Technical requirements necessary to cooperate with the teleinformation system used by the Service Provider: (1) a computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling in the web browser the possibility of saving Cookies and supporting Javascript.

The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners with respect for personal rights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

§3 CONDITIONS OF CONCLUDING A SALES AGREEMENT

The conclusion of a Sales Agreement between the Client and the Seller occurs after the Client has previously placed an Order using the Order Forms in the Online Store in accordance with §2.1.2 of the Regulations.

The price of the Product shown on the Online Store website is given in Polish zlotys and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transport, delivery, and postal services) and about other costs, and when it is not possible to determine the amount of these fees – about the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including also at the moment of expressing by the Client the will to be bound by the Sales Agreement.

Procedure of concluding a Sales Agreement in the Online Store using the Order Form.The conclusion of a Sales Agreement between the Client and the Seller occurs after the Client has previously placed an Order in the Online Store in accordance with §2.1.2 of the Regulations.

After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Client an appropriate email message to the email address provided by the Client during the placement of the Order, which contains at least the Seller's statements about receiving the Order and about its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receiving the above email message by the Client, a Sales Agreement is concluded between the Client and the Seller.

The fixation, securing, and making available the Sales Agreement content to the Client is done by (1) making these Regulations available on the Online Store page and (2) sending the email message mentioned in §3.3.2. of the Regulations to the Client. The content of the Sales Agreement is additionally fixed and secured in the information system of the Seller's Online Store.

§4 METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

The Seller provides the Client with the following methods of payment under the Sales Agreement:

• Payment by cash on delivery at the time of the parcel receipt.
• Payment by transfer to the Seller's bank account.
  • Bank: mBank S.A.
  • Account number: PL72 1140 2004 0000 3002 7595 3882.
• Electronic payments and card payments via Przelewy24.pl and PayPal.com – the possible current methods of payment are specified on the Online Store website in the "Payments" tab and also on the websites of Przelewy24.pl and PayPal.

Settlements of transactions by electronic payments and by credit card are carried out according to the Client's choice via Przelewy24.pl. Electronic payment and card payment services are provided by:

Przelewy24.pl – PayPro SA, ul. Pastelowa 8, 60-198 Poznań, NIP: 779-236-98-87, REGON: 301345068

District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register No. KRS 0000347935, amount of share capital: 5,476,300.00 PLN, paid in full

Payment deadline:

In the case of the Client choosing payment by transfer, electronic payments or by credit card, the Client is obliged to make the payment within 14 calendar days from the date of the Sales Agreement conclusion.

In the case of the Client choosing payment by cash on delivery at the time of the parcel receipt or by cash on personal receipt, the Client is obliged to make the payment at the time of the parcel receipt.

§5 COST, METHODS, AND DEADLINE FOR DELIVERY AND RECEIPT OF THE PRODUCT

The delivery of the Product to the Client is payable unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including fees for transport, delivery, and postal services) are indicated to the Client on the pages of the Online Store in the "Delivery" tab and during the placement of the Order, including at the moment of expressing by the Client the will to be bound by the Sales Agreement.

The Seller provides the Client with the following methods of delivery of the Product:

Courier shipment commissioned to GLS or InPost. Cash on delivery courier shipment commissioned to GLS or InPost.

The Client chooses the carrier in the order summary.

The company InPost handles only domestic shipments.

Orders to be delivered outside of Poland should be placed in the English version of the bikormakeup.com store

The delivery term of the Product to the Client is up to 5 Business Days from the date of payment booking, unless a shorter term is specified in the description of a given Product or during the placement of the Order. In the case of Products with different delivery terms, the delivery term is the longest given term, which, however, cannot exceed 5 Business Days. The beginning of the delivery term of the Product to the Client is counted as follows:

In the case of the Client choosing the method of payment by transfer, electronic payments, or by credit card - from the date of crediting the Seller's bank account or settlement account. In the case of the Client choosing the method of payment by cash on delivery – from the date of the Sales Agreement conclusion.

Orders with the payment method "cash on delivery" are carried out only on the territory of Poland.

§6 PRODUCT COMPLAINT

The basis and scope of the Seller's liability to the Consumer, or to the Entrepreneur making a non-professional purchase, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable law provisions, in particular in the Civil Code.

The Seller is obliged to deliver the Product without defects to the Consumer or to the Entrepreneur making a non-professional purchase.

The basis of the complaint is proof of purchase confirming the originality of the purchased product.

A complaint may be submitted by the Consumer or by the Entrepreneur making a non-professional purchase:

in writing to the address: ul. Piastowska 83, 80-363 Gdańsk; electronically via email to the address: hello@bikormakeup.com;

It is recommended to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements given in the previous sentence take the form of only a recommendation and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

The Seller will respond to the complaint promptly, no later than within 14 calendar days from the day of its submission. The lack of the Seller's response within the above term means that the Seller considered the complaint justified.

The Consumer or the Entrepreneur making a non-professional purchase, who exercises the rights under the warranty, is obliged to deliver the Product at their expense to the address: ul. Piastowska 83, 80-363 Gdańsk, for the complaint to be considered.

§7 OUT-OF-COURT COMPLAINT HANDLING AND REDRESS METHODS AND RULES OF ACCESS TO THESE PROCEDURES

Detailed information on the possibility for the Client who is a Consumer to use out-of-court complaint handling and redress methods and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates and at the following Internet addresses of the Office of Competition and Consumer Protection on consumer disputes and individual matters.

The Client who is a consumer has the following example possibilities to use out-of-court complaint handling and redress methods: The Client is entitled to apply to the permanent amicable consumer court, referred to in Art. 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended), with a request to resolve the dispute arising from the concluded Sales Agreement. The regulations of the organization and operation of permanent amicable consumer courts are specified by the regulation of the Minister of Justice of September 25, 2001 on specifying the regulations of the organization and operation of permanent amicable consumer courts. (Journal of Laws 2001, No. 113, item 1214).

The Client is entitled to apply to the provincial inspector of Trade Inspection, according to Art. 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Client and the Seller. Information on the rules and procedure of mediation conducted by the provincial inspector of Trade Inspection is available in the offices and on the websites of the respective Provincial Trade Inspection Inspectorates.

We also inform you that you have the possibility to use out-of-court complaint handling and redress methods in accordance with the procedure of Online Dispute Resolution developed by the European Commission available at the website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

The Client may obtain free assistance in resolving the dispute between the Client and the Seller, also using free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.

§8 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The Consumer or the Entrepreneur making a non-professional purchase, who has concluded a distance contract, may withdraw from it within 14 calendar days without giving any reason. To keep the deadline, it is enough to send the statement before its expiry. The statement of withdrawal from the agreement may be made, for example:

in writing to the address: ul. Piastowska 83, 80-363 Gdańsk; electronically via email to the address: hello@bikormakeup.com;

Download the Form

The basis for withdrawal from the contract is confirmation of purchase.

The term for withdrawal from the contract begins:

for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g., Sales Agreement) from taking possession of the Product by the consumer or a third party designated by them other than the carrier, and in the case of a contract that: (1) includes multiple Products that are delivered separately, in parts or in pieces from taking possession of the last Product, batch or part or (2) consists of regular delivery of Products for a defined period of time from taking possession of the first of the Products; for other contracts from the day of the contract conclusion.

The Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, including the costs of delivering the Product (excluding additional costs resulting from the method of delivery chosen by the Client other than the cheapest ordinary method of delivery available in the Online Store). The Seller makes a refund using the same method of payment that was used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for them. If the Seller has not offered to pick up the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, whichever event occurs first.

The Consumer or the Entrepreneur making a non-professional purchase is obliged to cover the costs associated with returning the shipment. Failure to receive the shipment is understood as a withdrawal from the contract and is also associated with covering the cost of returning the shipment to the Seller.

The Consumer or the Entrepreneur making a non-professional purchase is obliged to immediately, no later than within 14 calendar days from the day on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, unless the Seller has offered to pick up the Product himself. To keep the term, it is enough to send back the Product before its expiry. The Consumer may return the Product to the address: ul. Piastowska 83, 80-363 Gdańsk.

The Consumer or the Entrepreneur making a non-professional purchase bears responsibility for reducing the value of the Product resulting from using it in a way beyond necessary to establish the nature, characteristics, and functioning of the Product.

Possible costs associated with the Consumer or the Entrepreneur making a non-professional purchase withdrawing from the contract, which the Consumer or the Entrepreneur making a non-professional purchase is obliged to bear:

If the Consumer or the Entrepreneur making a non-professional purchase chose a way of delivery of the Product other than the cheapest ordinary way of delivery available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by them. The Consumer or the Entrepreneur making a non-professional purchase bears the direct costs of returning the Product. In the case of a Product that is a service, the performance of which - at the express request of the Consumer or the Entrepreneur making a non-professional purchase - began before the expiry of the withdrawal period, the Consumer or the Entrepreneur making a non-professional purchase, who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the service performed, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled service.

The right to withdraw from a distance contract is not available to the Consumer or the Entrepreneur making a non-professional purchase in relation to contracts:

(1) for the provision of services, if the Seller fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the completion of the service by the Seller, they will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, produced according to the consumer's specification or serving to satisfy their individualized needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, become inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can be delivered only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly requested the Seller to come to them to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract applies to the consumer in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; (10) for delivering newspapers, periodicals, or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transport of items, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract designates the day or period of service provision; (13) for delivering digital content which is not stored on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period and after informing them by the Seller about the loss of the right to withdraw from the contract.

§9 PROVISIONS CONCERNING ENTREPRENEURS

This point of the Regulations and the provisions contained herein apply only to Clients and Service Recipients who are not consumers.

In the case of Clients who are not consumers, the Seller has the right to restrict the available methods of payment, including requiring prepayment in full or in part, regardless of the method of payment chosen by the Client and the fact of concluding a Sales Agreement.

From the moment of the Seller handing over the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Client who is not a consumer. In such a case, the Seller is not responsible for the loss, deficit or damage of the Product arising from its acceptance for transport until its delivery to the Client and for delay in transporting the shipment.

In the case of sending the Product to the Client through a carrier, the Client who is not a consumer is obliged to examine the shipment in time and in the manner accepted for shipments of this type. If they determine that during the transport there was a loss or damage to the Product, they are obliged to perform all actions necessary to establish the liability of the carrier.

In accordance with Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Client who is not a consumer is excluded. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

The liability of the Service Provider/Seller in relation to the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited - both within the framework of a single claim and for all claims in total - to the amount of the price and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The Service Provider/Seller is liable to the Service Recipient/Client who is not a consumer only for typical damages predictable at the time of the contract conclusion and is not liable for lost benefits to the Service Recipient/Client who is not a consumer.

All disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer are submitted to the court appropriate for the seat of the Seller/Service Provider.

§10 FINAL PROVISIONS

Contracts concluded through the Online Store are concluded in Polish and in English.

Change of Regulations:

The Service Provider reserves the right to make changes to the Regulations for important reasons, that is: changes in law; changes in payment methods and deliveries - to the extent that these changes affect the implementation of the provisions of these Regulations.

In the case of concluding contracts based on these Regulations of a continuous nature (e.g., providing Electronic Service – Account) the amended regulations bind the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code have been met, that is, the Service Recipient has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the case that the change of the Regulations resulted in the introduction of any new fees or an increase in current ones, the Service Recipient who is a consumer has the right to withdraw from the contract.

In the case of concluding contracts based on these Regulations of a different nature than continuous contracts (e.g., Sales Agreement) changes to the Regulations will not in any way violate the rights acquired by the Service Recipients/Clients who are consumers before the effective date of changes to the Regulations, in particular, changes to the Regulations will not affect already placed or submitted Orders and concluded, executed or performed Sales Agreements.

In matters not regulated in these Regulations, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on providing services by electronic means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded up to December 24, 2014 with Clients who are consumers - the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on special conditions of consumer sale and amending the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Clients who are consumers - the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws 2014 item 827 as amended); and other appropriate provisions of generally applicable law.