Terms of service

To begin with, here are our full registration details as a seller and service provider: NMM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Kraków, ul. Bocheńska 3/17, 31-061 Kraków, entered in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register, under KRS number: 0000982292, share capital: 50,000.00 PLN, Tax Identification Number (NIP): 6762621979, REGON: 522588905.

Below you will find the terms and conditions, which contain information on, amongst other things, how the website operates, the procedure for placing an order leading to the conclusion of a contract, details regarding the fulfilment of the concluded contract, the types of payment available on the website, the procedure for withdrawing from a contract, and the complaints procedure.

Should you have any comments, questions or concerns, we are at your disposal via email at kontakt@bilovit.com or by telephone on +48 12 446 64 97. Our customer service team is available Monday to Friday from 08:00 to 16:00.

Best regards and we hope you enjoy your shopping!

The Bilovit website team

Table of Contents

Definitions
Preliminary Provisions
Electronic Services relating to the Website
Website Content
User Account
Placing an Order and Concluding the Contract
Pre-sale
Price and Payments
Fulfilment of Orders for Goods
Subscribing to the Newsletter to receive Digital Content
Withdrawal from a Consumer Contract or a PNPK without giving a reason
Warranty for defects and liability for the conformity of Goods with the Contract
Replacement or repair of Goods not in conformity with the Contract
Price reduction or withdrawal from the Contract in the event of Goods not in conformity with the Contract
Liability for the conformity of Digital Content with the Contract
Bringing Digital Content into conformity with the Contract
Submission of User Content
Moderation of User Content
Reporting User Content
Sanctions for unacceptable User Content
Appeals
Reviews
Personal data and cookies
Intellectual property rights
Out-of-court complaint handling and redress
Complaints and notices
Final provisions

§ 1. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

1) Price – the value expressed in monetary units which the Buyer is obliged to pay to the Seller for the Product;

2) GPSR – Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and of the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC;

3) Discount Code – a unique code (string of characters) which may be used by the Buyer to reduce the Price;

4) Consumer – a natural person who enters into a Contract with the Seller that is not directly related to their business or professional activities;

5) User Account – a set of resources and permissions within the Website’s IT system assigned to a specific Buyer;

6) Buyer – a natural person, a legal person or an organisational unit with legal capacity, in particular a Consumer or a PNPK;

7) Newsletter – e-mails containing information about news, promotions or Products related to the Website;

8) Product – Goods or a Voucher;

9) Entrepreneur with consumer rights (PNPK) – a natural person entering into a Contract with the Seller directly related to their business activity, where it is apparent from the content of the Contract that it is not of a professional nature for that person, arising in particular from the subject of their business activity, as made available under the provisions on the Central Register and Information on Economic Activity;

10) Pre-sale — the process whereby the Seller collects orders for Products that will be available for sale from a specified date, and concludes Agreements prior to the planned date of the Products’ launch;

11) Terms and Conditions – the terms and conditions of the Bilovit website, available at https://en.bilovit.com/policies/terms-of-service;

12) Website – the website operating at bilovit.com and its subdomains;

13) Seller – NMM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Kraków, ul. Bocheńska 3/17, 31-061 Kraków, entered in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register, under KRS number: 0000982292, share capital: 50,000.00 PLN, NIP: 6762621979, REGON: 522588905;

14) Goods – a movable item offered by the Seller via the Shop, including TzEC;

15) Goods with Digital Elements (TzEC) – Goods offered by the Seller, containing Digital Content or a Digital Service, without which the Goods are unable to function properly. Digital Content or Digital Services may be supplied by the Seller or a third party;

16) Outlet Goods – Goods in respect of which the Buyer has been expressly informed that a specific characteristic of the Goods deviates from the typical requirements for conformity with the Contract, e.g. in terms of completeness, quality, functionality, etc.;

17) Digital Content – data produced and supplied in digital form;

18) User Content– any information provided by the Buyer for the purpose of storing it, at the Buyer’s request, in the Website’s IT system, or for the purpose of publishing it on the Website, e.g. additional, voluntary information provided in the User Account, a comment or an opinion on a Product;

19) Contract – a contract concluded between the Seller and the Buyer, the subject matter of which is the sale of Goods or the supply of Digital Content;

20) Electronic Services — any services provided electronically by the Seller to the Buyer via the Website;

21) Voucher – a unique code (string of characters) which may be used by the Buyer to pay the Price or part of the Price;

§ 2. Introductory provisions

The Seller provides Electronic Services and sells Products via the Website. The Buyer may purchase Products listed on the Website’s pages or specified as part of a Pre-sale.
The Website is not intended for the conclusion of Contracts between Buyers.
These Terms and Conditions set out the rules and conditions for using the Website, as well as the rights and obligations of the Seller and Buyers.
The Seller has designated an electronic contact point associated with the Website for direct communication with the authorities of Member States, the Commission and the Digital Services Board: kontakt@bilovit.com. The same contact point may be used by the Buyer for direct and rapid communication with the Seller. Communication may be conducted in Polish or English

§ 3. Electronic Services relating to the Website

The Seller provides the Buyer with Electronic Services relating to the use of the Website, consisting of enabling the Buyer to:

1) view the publicly available content of the Website;

2) registering a User Account and using the User Account;

3) placing an order and concluding a Contract;

4) subscribing to the Newsletter;

5) submitting User Content.

Electronic Services are provided to the Buyer free of charge.
No specific technical requirements need to be met by the Buyer’s computer hardware or software in order to use the Electronic Services. The following are sufficient:

1) internet access,

2) a standard, up-to-date operating system,

3) a standard, up-to-date web browser with cookies enabled,

4) a valid email address.

It is prohibited, whilst using the Electronic Services, to provide unlawful content, in particular by submitting such content via the forms available on the Website.
In order to ensure the Buyer’s security and the security of data transmission in connection with the use of the Website, the Seller shall take technical and organisational measures appropriate to the level of risk to the security of the Electronic Services provided, in particular measures designed to prevent the unauthorised acquisition and modification of personal data.
The Seller takes steps to ensure the Website functions correctly at all times. The Buyer should inform the Seller of any malfunctions or interruptions in the Website’s operation.
As the Website constitutes an ICT system managed by the Seller, the Seller may carry out technical and IT work aimed at developing the Website and providing Electronic Services to the highest possible standard.
As part of the Website’s development, the Seller may, in particular:

1) add new features and modify or remove existing features within the Website;

2) make the Website available on other types of devices, e.g. mobile devices;

3) make an application related to the Website available.

§ 4. Content of the Website

The publicly accessible content of the Website includes items such as text, photographs, graphics, audio recordings and videos.
It is possible to browse the publicly available content of the Website anonymously, i.e. without providing personal data.
The content of the Website is protected by copyright.
Details regarding intellectual property are set out in § 25 of the Terms and Conditions.

§ 5. User Account

Registration of a User Account requires completing and submitting the registration form available on the Website or expressing the intention to register a User Account by ticking the relevant checkbox on the order form.
Registration of a User Account requires the provision of the personal data necessary for this purpose.
The User Account is linked to the email address provided by the Buyer.
The User Account stores information about the Buyer, including the history of orders placed by them on the Website.
The Buyer may add additional, voluntary information to their User Account, such as a profile picture, website address, date of birth and a short biography. This information constitutes User Content.
The Buyer logs into their User Account using the email address associated with the User Account (username) and a password they have set. The Buyer is obliged to protect access to their User Account against unauthorised access and, furthermore, is obliged not to disclose their login and password to any third parties .
The Buyer may delete their User Account at any time. If the Buyer cannot find the relevant option for this purpose after logging into their User Account, they shouldcontact the Seller via email regarding this matter. Deleting a User Account results in the loss of access to the Digital Content associated with that User Account.

§ 6. Placing an order and concluding a Contract

The Buyer may place an order either as a registered customer or as a guest.
A registered customer is a Buyer who holds a User Account on the Website.
If the Buyer has a User Account on the Website, they should log in to it before placing an order. It is also possible to log in whilst placing an order.
Any Product descriptions available on the Website do not constitute an offer within the meaning of the relevant provisions of civil law, but rather an invitation to conclude a Contract.
An order is placed by adding the Products of interest to the Buyer’s basket and then completing the order form. The form requires the provision of the details necessary to fulfil the order. The payment method for the order is selected at the order placement stage. A condition of placing an order is acceptance of the Terms and Conditions, which the Buyer should read beforehand. In the event of any doubts regarding the Terms and Conditions, the Buyer may contact the Seller.
In the case of Goods that are Outlet Goods, an additional condition for placing an order is to tick the checkbox confirming that the Buyer consents to the purchase of substandard Goods.
The Buyer must provide accurate personal details on the order form. The Buyer is liable for providing inaccurate personal details. The Seller reserves the right to suspend the fulfilment of an order if the Buyer has provided false details or if such details give rise to reasonable doubts on the part of the Seller as to their accuracy. In such a case, the Buyer will be informed by telephone or email of the Seller’s concerns. In such circumstances, the Buyer has the right to clarify any matters relating to the verification of the accuracy of the details provided. If there are no contact details enabling the Seller to contact the Buyer, the Seller will provide all necessary clarifications once the Buyer has made contact.
The Buyer declares that all details provided by them in the order form are true; however, the Seller is not obliged to verify their truthfulness and accuracy, although the Seller has the right to do so in accordance with paragraph 7.
The ordering process is completed by clicking the button to finalise the order. Clicking the button to finalise the order constitutes the Buyer’s offer to purchase the selected Products from the Seller, on the terms set out in the order form.
Upon receipt of the order, the Seller may, no later than 7 days from the date of receipt of the order:

1) accept the offer made by the Buyer by accepting the order for fulfilment — in which case the Contract is concluded upon delivery to the Buyer of a message confirming acceptance of the order for fulfilment,

2) may decline the Buyer’s offer and cancel the order — in which case the Contract is not concluded, and all payments made by the Buyer at the time of placing the order are refunded.

§ 7. Pre-sale

The Seller may organise a pre-sale for certain types of Products.
Products covered by the pre-sale are clearly marked on the Website as Products available for pre-sale. On the page for such Products, the Seller provides information on the date from which the Products are likely to be available and the date from which the Products are likely to be dispatched to Buyers.
For the purposes of concluding Contracts under Pre-sales, the provisions of § 6 shall apply mutatis mutandis.
The Seller reserves the right to amend the date referred to in paragraph 2, particularly as a result of a delay in the delivery of the Product by third parties (e.g. manufacturers). The Seller will inform Buyers of any changes to dates relating to the Pre-sale by publishing information on the Website and sending an email, to the address provided by the Buyer.
In the event that the sale of the Products is not possible under the terms set out in the Pre-sale (e.g. suppliers fail to deliver the appropriate quantity or types of materials, there is an increase in the price of materials, etc.), the Seller shall inform the Buyer of these circumstances.
If a Buyer who is a Consumer or a PNPK does not agree to an extension of the Product delivery deadline or a change to the terms of sale of the Product, they may cancel the purchase of the Product, and the Seller shall refund to such a Buyer all payments made as part of the Pre-sale.

§ 8. Price and payments

The available payment methods for an order are described on the Website and presented to the Buyer at the time of placing the order.
If the Buyer has selected online payment when placing the order, after clicking the button to finalise the order, they will be redirected to a payment gateway operated by an external payment provider in order to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking the button to finalise the order, they will be redirected to a page on the Website containing the order confirmation and payment instructions. Payment for the order must be made within 7 days of placing the order. Once this period has elapsed, the Seller may assume that the Buyer has decided not to purchase the Product and may cancel the order.
Electronic payments, including card payments, are processed by Przelewy24.pl – DialCom24 Sp. z o.o., with its registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000306513, registration files held by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, share capital of PLN 1,697,000 fully paid up, Tax Identification Number (NIP): 7811733852.
If the Buyer requests an invoice, it will be sent to the Buyer electronically, to the email address provided in the order form.
All prices quoted on the Website are gross prices.
The Seller is entitled to grant the Buyer discounts, reductions or other price-related benefits at its own discretion, in particular as part of a promotional campaign. Details of promotional campaigns are set out in separate terms and conditions for such campaigns. The Buyer is not entitled to demand discounts, price reductions or other preferential terms that do not arise from a promotional campaign.
A Buyer who holds a Discount Code may use it when placing an order by entering the Discount Code in the space provided, in accordance with the instructions available on the order form page. The use of Discount Codes may be restricted solely to specific Products or groups of Products, as specified when the relevant Discount Code is made available. The validity of a specific Discount Code may be limited in time, as specified when the relevant Discount Code is made available. Discount Codes may be made available in various circumstances, e.g. in exchange for subscribing to the newsletter, as a prize in a competitionorganised by the Seller, as a gift to the Buyer, etc.
Whenever the Seller announces a reduction in Product Prices, alongside the information about the reduced Price, the Seller also provides information about the lowest Price of the Product, which was in force during the 30 days prior to the price reduction. If a given Product has been on sale for less than 30 days, alongside the information about the reduced Price, the Seller shall also provide information about the lowest Price of the Product, which was in force from the date on which the Product was first offered for sale until the date the price reduction was introduced.

9. Vouchers

A voucher may be in printed or digital form.
A printed voucher is delivered to the Buyer in the same way as the Goods.
A digital voucher is sent to the email address provided by the Buyer in the order form.
The Seller does not issue duplicates of damaged or lost Vouchers delivered to the Buyer in printed form. However, upon presentation of proof of purchase, the Buyer may request that a digital Voucher be sent.
The Voucher has a specified gross face value as indicated in the Voucher description on the Website.
The Voucher may be used as a form of payment for an order placed by the Buyer by entering the code in the designated field, in accordance with the instructions available on the order form page, but it cannot be exchanged for cash, either in full or in part.
If the amount payable for the order is less than the value of the Voucher, the Seller will not refund the difference to the Buyer. Where the amount payable for the order exceeds the value of the Voucher, the Buyer shall pay the difference.
The use of the Voucher may be restricted to specific Products or groups of Products. Any restrictions relating to the Voucher are always specified in the Voucher’s description on the Website.
A Voucher may only be used once.
A Voucher may have an expiry date, after which it cannot be used. If a Voucher has an expiry date, this is stated in the Voucher description on the Website. The Consumer or PNPK may request a cash refund from the Seller for the value of the unused Voucher after its expiry date.
In the event of withdrawal from the Contract under which payment was made using the Voucher, the Seller is entitled to refund the payment by providing the Buyer with a Voucher of a value corresponding to the amount refunded. The Buyer is not entitled to demand a refund in cash.
The Seller is liable for the Voucher’s conformity with the Contract. In the case of a Voucher in printed form, the provisions of the Terms and Conditions concerning the Seller’s liability for the conformity of the Goods with the Contract shall apply mutatis mutandis. In the case of a Voucher in digital form, the provisions of the Terms and Conditions concerning the Seller’s liabilitythe Seller’s liability, the provisions of the Terms and Conditions concerning liability for the conformity of Digital Content with the Contract shall apply mutatis mutandis.

§ 10. Fulfilment of an order for Goods

Order fulfilment consists of gathering the ordered Goods, packing them for delivery to the Buyer and dispatching the parcel to the Buyer in accordance with the delivery method selected by the Buyer, or informing the Buyer of the option to collect the order in person.
The cost of delivering the Goods is borne by the Buyer, unless otherwise stated in the information presented to the Buyer on the Website.
An order is deemed to have been fulfilled upon dispatch of the parcel to the Buyer (handing the parcel over to the carrier responsible for transport). In the case of delivery via a carrier, the Seller shall inform the Buyer that the Goods have been prepared for dispatch and handed over to the carrier. The exact delivery date of the Goods is determined by the carrier, unless the carrier allows the Buyer to specify the exact date and time of delivery. If the carrier provides this functionality, the Seller shall provide the Buyer with the details needed to track the shipment of the Goods, in particular a link to the carrier’s website or app.
The Buyer is obliged to inspect the consignment in a timely manner and in the manner customary for consignments of this kind. If the Buyer finds that any loss or damage to the Goods occurred during transport, they are obliged to take all necessary steps to establish the carrier’s liability, e.g. by drawing up a damage report (Article 545(2) of the Civil Code)
The order fulfilment time is specified for each item. Ordered items should be delivered to the Consumer or PNPK within 30 days, unless a longer period has been expressly specified by the Seller in the item description. In such a situation, by placing an order, the Buyer agrees to the longer order fulfilment period specified in the description of the Goods.
If the Buyer orders Goods with different delivery times, the binding delivery date for the entire order is the longest of all the Goods included in the order; however, the Seller may propose splitting the order into several separate consignments in order to speed up delivery for some of the Goods.

§ 11. Subscribing to the Newsletter to receive Digital Content

The Seller may offer the option to receive Digital Content described on the Website without having to pay the Price, but in exchange for subscribing to the Newsletter.
Subscribing to the Newsletter requires completing and submitting the form available on the Website.
Subscribing to the Newsletter requires the provision of the personal data necessary for this purpose.
If the Buyer subscribes to the Newsletter in order to receive Digital Content, subscribing to the Newsletter simultaneously leads to the conclusion of a Contract for the supply of Digital Content. However, the Buyer does not pay the Price for the supply of Digital Content. In this case, subscription to the Newsletter constitutes payment for the supply of Digital Content.
Once the Contract for the Supply of Digital Content has been concluded as described above, the Buyer will receive an email at the address provided, containing instructions on how to download or access the Digital Content paid for by subscribing to the Newsletter.
The Buyer may unsubscribe from the Newsletter at any time. This does not affect the concluded Agreement for the supply of Digital Content.
If the Buyer is interested in Digital Content which is marked on the Website as available in exchange for a subscription to the Newsletter, but does not wish to subscribe to the Newsletter, they may purchase this Digital Content by contacting the Seller directly.

§ 12. Withdrawal from the Contract by the Consumer or PNPK without giving a reason

The Consumer or PNPK has the right to withdraw from a Contract concluded via the Website without giving a reason within:

1) 14 days from the date on which the Consumer or PNPK, or a third party designated by the Consumer or PNPK (other than the carrier), takes possession of the Goods. Where the Contract covers multiple Goods that are delivered separately, in batches or in parts, the period for withdrawing from the Contract shall be counted from the date on which the last item of Goods, batch or part thereof is taken into possession;

2) 14 days from the date of conclusion of the Contract — in the case of Contracts other than contracts for the sale of Goods.

The right to withdraw from the Contract does not apply to a Contract:

1) where the subject matter of the performance is non-prefabricated Goods, manufactured to the Consumer’s specifications or to a standardised design, or intended to satisfy the Consumer’s individual needs;

2) where the subject matter of the Contract is Goods liable to deteriorate rapidly or having a short shelf life;

3) where the subject matter of the Contract is Goods supplied in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery;

4) where the subject of the supply is Goods which, after delivery, are, by their nature, inseparably combined with other items;

5) where the subject matter of the contract consists of audio or video recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery.

To withdraw from the Contract, the Consumer or PNPK must inform the Seller of their decision to withdraw from the Contract by means of an unambiguous statement – for example, by letter sent by post or by email.
The Consumer or PNPK may use the model withdrawal form available at https://en.bilovit.com/pages/returns, although this is not mandatory.
To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer or PNPK to send notification of the exercise of the Consumer’s or PNPK’s right to withdraw from the Contract before the expiry of the withdrawal period.
The Consumer or the PNPK is obliged to return the Goods to the Seller or hand them over to a person authorised by the Seller to collect them without delay, but no later than 14 days from the date on which they withdrew from the Contract, unless the Seller has offered to collect the Goods themselves. To meet the deadline, it is sufficient to dispatch the Goods before the deadline expires.
The Consumeror PNPK shall bear the direct costs of returning the Goods.
In the event of withdrawal from the Contract, the Seller shall refund to the Consumer or PNPK all payments received from the Consumer or PNPK, including the costs of delivering the Goods (with the exception of any additional costs arising from the method of delivery chosen by the Consumer or PNPK other than the cheapest standard method of delivery offered at the time of placing the order), without undue delay, and in any event no later than 14 days from the date on which the Seller was informed of the decision to exercise the right to withdraw from the Contract.
The refund shall be made using the same payment methods as those used in the original transaction, unless the Consumer or PNPK has expressly agreed to an alternative arrangement. In any event, the Consumer or PNPK shall not incur any charges in connection with this refund.
If the Seller has not offered to collect the Goods from the Consumer or PNPK themselves, it may withhold the refund of payments received from the Consumer or PNPK until it has received the Goods back or the Consumer or PNPK has provided proof of their return, whichever occurs first.
The Consumeror the PNPK shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Goods. The Seller shall be entitled to set off its claim against the Buyer in this respect in accordance with Article 498 of the Civil Code and subsequent articles.

§ 13. Warranty against defects and liability for the conformity of the Goods with the Contract

The warranty against defects in Goods, as referred to in the provisions of the Civil Code, is excluded in the case of Contracts for the sale of Goods concluded by Buyers other than a Consumer or a PNPK.
Contracts for the sale of Goods concluded by a Consumer or PNPK are subject to the provisions on liability for the conformity of the Goods with the Contract set out in the Consumer Rights Act, subject to the provisions of these Terms and Conditions.
The Seller is liable to the Consumer and the PNPK for the conformity of the Goods with the Contract. The conformity of the Goods with the Contract is assessed in accordance with the provisions of the Consumer Rights Act.
The Seller shall be liable for any lack of conformity of the Goods with the Contract existing at the time of delivery and becoming apparent within two years of that time, unless:

1) the shelf life of the Goods, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer;

2) the Contract relates to Outlet Goods, where the Buyer has expressly agreed to purchase Outlet Goods.

In the case of Digital Content or Digital Services (TzEC), the Seller shall be liable for any lack of conformity with the Contract in respect of Digital Content or Digital Services supplied on a continuous basis, which occurred or became apparent during the period in which they were to be supplied under the Contract, but for no less than two years from the date of supply of the Digital Content or Digital Services.

§ 14. Replacement or repair of Goods not in conformity with the Contract

If the Goods are not in conformity with the Contract, the Consumer or PNPK may demand their repair or replacement.
The Seller may:

1) replace the Goods where the Consumer or PNPK requests repair, or

2) repair the Goods where the Consumer or PNPK requests replacement,

if bringing the Goods into conformity with the Contract in the manner chosen by the Consumer or PNPK is impossible or would entail excessive costs for the Seller.

If repair and replacement are impossible or would entail excessive costs for the Seller, the Seller may refuse to replace or repair the Goods in order to bring them into conformity with the Contract.
The Consumer or PNPK shall make the Goods subject to repair or replacement available to the Seller, and the Seller shall collect them at its own expense. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
The Seller shall carry out the repair or replacement within a reasonable time, not exceeding 21 days, from the moment the Seller is informed by the Consumer or PNPK that the Goods do not comply with the Contract, and without undue inconvenience to the Consumer or PNPK, taking into account the nature of the Goods and the purpose for which the Consumer or PNPK purchased them.

§ 15. Price reduction or withdrawal from the Contract in the case of Goods not in conformity with the Contract

If the Goods are not in conformity with the Contract, the Consumer or PNPK may make a declaration regarding a price reduction or withdrawal from the Contract where:

1) the Seller has refused to repair or replace the Goods in accordance with § 14(3);

2) the Seller has failed to bring the Goods into conformity with the Contract;

3) the lack of conformity of the Goods with the Contract persists, despite the Seller having attempted to bring the Goods into conformity with the Contract;

4) the lack of conformity of the Goods with the Contract is so significant that it justifies a reduction in the Price or withdrawal from the Contract without first resorting to the remedies referred to in § 14(1);

5) it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer or PNPK.

The reduced Price must be in the same proportion to the Price specified in the Contract as the value of the Goods not in conformity with the Contract is to the value of the Goods in conformity with the Contract.
The Seller shall refund to the Consumer or PNPK the amounts due as a result of exercising the right to a Price reduction without delay, and no later than within 14 days of receiving the Consumer’s or PNPK’s notice of the Price reduction.
The Consumer or PNPK may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is insignificant. It is presumed that the lack of conformity of the Goods with the Contract is significant.
If the lack of conformity with the Contract relates only to certain Goods supplied under the Contract, the Consumer or PNPK may withdraw from the Contract only in respect of those Goods, as well as in respect of other Goods purchased by the Consumer or PNPK together with the Goods not in conformity with the Contract, if it cannot reasonably be expected that the Consumer or PNPK would agree to retain only the Goods that comply with the Contract.
In the event of withdrawal from the Contract, the Consumer or PNPK shall return the Goods to the Seller without delay at the Seller’s expense. The Seller shall refund the Price to the Consumer or PNPK without undue delay, no later than 14 days from the date of receipt of the Goods or proof of their return.
The Seller shall refund the Price using the same method of payment as that used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of refund which does not entail any costs for them.

§ 16. Liability for the conformity of Digital Content with the Contract

The warranty for defects in Digital Content, as referred to in the provisions of the Civil Code, is excluded in the case of Contracts concluded by Buyers other than a Consumer or a PNPK.
Contracts concluded by a Consumer or PNPK are subject to the provisions on liability for the conformity of Digital Content with the Contract set out in the Consumer Rights Act, subject to the provisions of the Terms and Conditions.
The Seller is liable to the Consumer and the PNPK for the conformity of Digital Content with the Contract. The conformity of Digital Content with the Contract is assessed in accordance with the provisions of the Consumer Rights Act.
The Seller shall be liable for any lack of conformity of the Digital Content with the Contract which existed at the time of delivery and became apparent within two years of that time.

§ 17. Bringing Digital Content into conformity with the Contract

If the Digital Content is not in conformity with the Contract, the Consumer or PNPK may demand that the Digital Content be brought into conformity with the Contract.
If bringing the Digital Content into conformity with the Contract is impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Digital Content into conformity with the Contract.
The Seller shall bring the Digital Content into conformity with the Contract within a reasonable time, not exceeding 21 days, from the time the Seller is notified by the Consumer or PNPK of the Digital Content’s non-conformity with the Contract, and without undue inconvenience to the Consumer or PNPK, taking into account the nature and purpose of the Digital Content, for which they are used.
The costs of bringing the Digital Content into conformity with the Contract shall be borne by the Seller.

§ 18 of the GPSR and the general safety of Goods

The Seller shall list on the Website only those Goods which comply with the requirements of the GPSR or the relevant provisions of EU harmonisation legislation.
In order to fulfil the information obligations set out in Article 19 of the GPSR, the Seller shall provide the following information in the description of each Product:
the manufacturer’s full name or company name, registered trade name or registered trade mark, and the postal and email addresses at which they can be contacted;
where the manufacturer does not have a place of residence or registered office within the Union – the name and surname or company name, postal address and email address of the responsible person within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020;
information enabling the identification of the Product, including an image of it, type, and other identifiers of the Product;
any warnings or safety information that should be displayed on the Product or on the packaging, or included in an accompanying document.
For the purposes of any matters relating to the safety of Goods, the Seller has designated the following email contact point: kontakt@bilovit.com. The Buyer may send any enquiries regarding the safety of the Goods to this email address, as well as report any incidents relating to the Goods to the Seller. The Buyer may use the dedicated form prepared by the Seller for this purpose.
Should the Goods made available by the Seller on the market prove to be a dangerous product within the meaning of the GPSR, the Seller is entitled to take remedial measures in this regard, either on its own behalf or on behalf of other economic operators in the supply chain. In particular, the Seller may contact the Buyer to recover the purchased Product or to provide relevant statements.
A Buyer who has purchased Goods constituting a dangerous product within the meaning of the GPSR may be entitled to the relevant legal remedies provided for in the provisions of the GPSR and other EU legislation.

§ 19. Submission of User Content

Via the Website, the Buyer may submit User Content for storage, at the Buyer’s request, in the Website’s IT system, or for publication on the Website.
It is prohibited to submit User Content which

1) constitutes illegal content within the meaning of the Digital Services Act (DSA) or

2) contravene these Terms and Conditions.

User Content that contravenes these Terms and Conditions shall be understood to mean User Content which:

1) breaches the rules on publishing opinions set out in § 23 of these Terms and Conditions;

2) is inconsistent with the subject matter of the content available on the Website;

3) duplicates content previously published on the Website;

4) contains links or other content of a spam nature;

5) are used to carry out activities that compete with the Seller, e.g. promoting competing websites;

6) are used to carry out unauthorised advertising, promotional or marketing activities, in particular by posting advertisements, selling or promoting products, services, projects or fundraising campaigns;

7) are used to carry out activities prohibited by law, e.g. attempts at fraud and extortion of funds from other Buyers;

8) incite violence against any living beings, including animals, or condone such violence;

9) promote any fascist or other totalitarian form of government;

10) incite hatred on the grounds of gender, sexual orientation, nationality, ethnicity, race, religion or non-religious beliefs, or condone such hatred;

11) insult a group of people or individuals on the grounds of their gender, sexual orientation, nationality, ethnicity, race, religion or on the grounds of being non-religious;

12) contain content of a chauvinistic or misogynistic nature, as well as content bearing the hallmarks of gender discrimination;

13) defame or insult any third party;

14) infringe the personal rights of any third party;

15) infringe the copyright of any third party;

16) contain profanity or other offensive content;

17) incite or condone dangerous behaviour;

18) offend religious sensibilities;

19) may cause discomfort to other Buyers, in particular through a lack of empathy or respect for other Buyers;

20) contravene the applicable legal order or public decency in any way other than that specified in points 1–19.

If the Seller obtains credible information regarding the possibility of the Buyer committing a criminal offence or an administrative offence in connection with the User Content provided, the Seller is entitled and obliged to notify the relevant services or public authorities thereof, and to provide them with data concerning the Buyer. The same applies where the relevant authorities or public bodies request the Seller to disclose the Buyer’s data, in particular for the purposes of civil or criminal proceedings.

§ 20. Moderation of User Content

The Seller may verify User Content at any time. The Seller shall carry out such verification in a non-arbitrary and objective manner, exercising due diligence. At the same time, the Seller reserves the right to state that it is under no obligation to monitor User Content in advance, in particular through preventive checks (e.g. as part of the prior approval of User Content) or in any other form of verification of User Content.
Should User Content be found to be in breach of the Terms and Conditions, such User Content may be blocked and made invisible to other Buyers, or removed from the Website.
In the event of User Content being blocked or removed, the Seller shall immediately notify the Buyer who submitted the User Content subject to blocking or removal, stating the reasons for their decision.
In the event that User Content is blocked or removed for non-compliance with the Terms and Conditions, the Buyer who posted that User Content may lodge an appeal in accordance with the procedures set out in § 22 of the Terms and Conditions.
The Seller ensures that appeals concerning User Content will not be processed automatically — the Seller’s staff will be responsible for verifying the validity of the blocking or removal of User Content.

§ 21. Reporting User Content

Any person or entity may report to the Seller the presence on the Website of User Content which that person or entity considers to be illegal content within the meaning of the Digital Services Act (DSA).
A report may be made:

1) by email, to the address kontakt@bilovit.com;

2) via the contact form available on the Website;

3) using the dedicated ‘Report a breach’ feature located next to the User Content.

The report referred to in paragraph 1 must contain all the elements required under the Digital Services Act (DSA), such as:

1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the User Content is in breach of the Terms and Conditions;

2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the User Content, in accordance with the type of User Content and the specific type of hosting service;

3) the full name and email address of the person or entity making the notification, except in the case of a notification concerning information deemed to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU;

4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.

The Buyer may use the model report form available at the following address.
Upon receipt of the report referred to in paragraph 1, the Seller shall immediately acknowledge receipt of the report to the reporter — by electronic means, to the email address provided. If the report is incomplete or contains other errors, the Seller may ask the reporter to supplement or correct the report. If the reporter fails to supplement or correct the report within 14 days of the Seller’s request at the latest, the report shall not be considered.
Verification of User Content by the Seller shall take place no later than 14 days from the date of receipt of a complete and correct notification. The Seller shall carry out the verification in a non-arbitrary manner, objectively and with due diligence. For the purpose of verifying User Content, the Seller may request additional information or documents from the reporting party, e.g. confirming ownership of the rights that the User Content under verification may potentially infringe.
Whilst carrying out the verification, the Seller is entitled to block the User Content in such a way that it becomes invisible to other Buyers.
Following verification, the Seller may permanently block or remove the User Content on the grounds that it breaches the Terms and Conditions, or may determine that the User Content does not breach the Terms and Conditions. If the User Content had previously been blocked and, following verification, it transpires that the User Content does not breach the Terms and Conditions, the Seller shall immediately restore the User Content and notify the reporting party, providing the reasons for their decision.
In the event of User Content being blocked or removed, the Seller shall immediately notify both the reporting party, and the Buyer who posted the User Content subject to blocking or removal, stating the reasons for its decision.
In the event that User Content is blocked or removed for being in breach of the Terms and Conditions, or where a request to block or remove User Content is refused, the Buyer who posted that User Content, or the person who made the report, may lodge an appeal in accordance with the procedures set out in § 22 of the Terms and Conditions.
The Seller ensures that any appeals concerning User Content will not be processed automatically — the Seller’s staff will be responsible for verifying the validity of the blocking or removal of User Content.

§ 22. Sanctions for unacceptable User Content

If the Buyer uses the Website in breach of the Terms and Conditions by submitting any User Content that contravenes the Terms and Conditions, the Seller may:

1) block the User’s Account;

2) permanently delete the User’s Account;

3) suspend the Buyer’s use of specific features of the Website;

4) permanently prevent the Buyer from using specific features of the Website.

The choice of the measure referred to in paragraph 1 depends on the circumstances of the case and the severity of the breach committed by the Buyer whilst using the Website. These measures are independent of any other actions the Seller may take in relation to User Content, such as blocking access to or permanently removing User Content.
When selecting the measure referred to in paragraph 1, the Seller shall act with due care, objectively and proportionately, and with due regard for the rights and legitimate interests of all parties involved.
The blocking of a User’s Account or the suspension of access to specific features of the Website may last for a period of between 5 and 30 days. Upon expiry of the specified period, the Seller shall lift the block on the User’s Account or restore access to the Website features that had been suspended.
Where the measure referred to in paragraph 1 is applied, the Buyer against whom the measure has been applied may lodge an appeal in accordance with the procedures set out in § 22 of the Terms and Conditions.
The Seller ensures that any appeals concerning the application of the measure referred to in paragraph 1 will not be processed automatically — the Seller’s staff will be responsible for verifying the validity of the application of the measure in question.

§ 23. Appeals

Where:

1) the Seller has failed to block or remove User Content despite a report from another Buyer or a third party;

2) User Content has been blocked or removed contrary to the provisions of the Terms and Conditions;

3) the Seller has imposed any sanctions on the Buyer in relation to User Content;

- the Buyer who submitted the User Content, or the person who reported the User Content for verification, may lodge an appeal.

Any decision by the Seller relating to User Content must include a statement of reasons that enables an appeal to be lodged — except where the Seller receives an order relating to User Content from a relevant public authority or body. The statement of reasons must meet the requirements set out in the Digital Services Act (DSA) and include information such as:

1) an indication of whether the decision involves the removal of User Content, the blocking of access to it, the de-ranking or restriction of the visibility of User Content, or the suspension or termination of monetary payments relating to such User Content, or imposes other measures, as referred to in the Terms and Conditions, in relation to that User Content, and, where applicable, the territorial scope of the decision and its duration;

2) the facts and circumstances on which the decision was based, including, where applicable, information on whether the decision was made on the basis of a report submitted by another Buyer or a third party, or on the basis of voluntary verification measures carried out on the initiative of XXX, and, where absolutely necessary, the identity of the person who made the report;

3) where applicable, information on the use of automated means in the decision-making process, including whether the decision was taken in relation to User Content detected or identified using automated means;

4) if the decision concerns potentially unauthorised User Content, an indication of the legal or contractual basis on which the decision is based, and an explanation of the reasons why the User Content in question is considered unauthorised on that basis;

5) clear and user-friendly information for the Buyer regarding the options available to the Buyer or the person making the report to appeal against the decision.

An appeal may be lodged by sending it:

1) to the email address kontakt@bilovit.com;

2) via the contact form;

3) in writing, preferably by registered post, to the Seller’s registered office address.

The appeal should include:

1) the full name (or company name, where applicable) of the appellant;

2) contact details;

3) a detailed explanation of why, in the appellant’s opinion, the Seller’s decision was incorrect and should be revised.

Upon receipt of the appeal, the Seller shall immediately acknowledge receipt — by email, to the email address provided.
Appeals are considered within 14 days of the date of submission.

§ 24. Reviews

The Seller provides the Buyer with the opportunity to publish a review of the Product on the Website.
The function to publish a review of the Product is available after the conclusion of the Contract relating to the Product, which serves as a safeguard against reviews being published by Buyers who have not purchased the Product. Furthermore, it is prohibited for a Buyer who, although having purchased the Product, has not used it in a manner that would allow them to formulate a reliable review, to publish a review.
The Buyer should formulate their review in a reliable, honest and substantive, as linguistically correct as possible, and without the use of profanity or other words generally considered offensive.
A review published by a Buyer constitutes a form of User Content. Consequently, the Seller may moderate reviews in accordance with the rules set out in § 19 of the Terms and Conditions, and any person viewing the content of the Website may report a review that breaches the Terms and Conditions in accordance with the rules set out in § 20 of the Terms and Conditions.
The Seller may independently publish on the Website reviews of Products collected by means other than those set out above, where such reviews are not published by the Buyer.
The Seller represents and warrants to the Buyer that the Product reviews published by the Seller, as referred to in paragraph 5, originate exclusively from Buyers who have used the Products in a manner that allows for the formation of a reliable opinion. For the purposes of collecting such reviews, the Seller contacts the Buyer who purchased the Product individually, asking them to share their review for publication on the Website.
The reviews referred to in paragraphs 5 and 6 do not constitute User Content; however, any person browsing the Website’s content who believes that a specific review breaches the Terms and Conditions may report it for verification in accordance with the rules set out in § 20 of the Terms and Conditions.

§ 25. Personal data and cookies

The Seller is the controller of the Buyer’s personal data.
The Website uses cookie technology.
Details regarding personal data and cookies are set out in the privacy policy available at https://en.bilovit.com/policies/privacy-policy.

§ 26. Intellectual property rights

The Seller informs the Buyer that all content available on the Website, Digital Content and elements of the Products (e.g. graphic designs of labels) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, to which copyright is held by the Seller or other authorised entities, as well as databases protected under the provisions on database protection.
The Seller hereby informs the Buyer that the exploitation of copyright-protected content or the use of databases by the Buyer without the consent of the Seller or another authorised entity, except for use within the scope of fair use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
The Seller may enter into a separate licence agreement with the Buyer relating to the Buyer’s use of content or databases belonging to the Seller (e.g. through the use of product photographs, the use of Product descriptions, etc.). In order to conclude such an agreement, the Buyer should approach the Seller with a proposal to enter into a licence agreement, informing the Seller in particular of the purposes for which they intend to use the content or databases belonging to the Seller, and the anticipated duration of such use. Upon receipt of such a proposal, the Seller will make an offer in accordance with its own licensing policy.

§ 27. Out-of-court complaint handling and redress procedures

The consumer has the option to use out-of-court complaint handling and redress procedures. The Consumer may, amongst other things:

1) apply to a permanent consumer arbitration tribunal to resolve a dispute arising from the concluded Contract,

2) apply to the provincial inspector of the Trade Inspection Authority to initiate mediation proceedings for the amicable resolution of a dispute between the Buyer and the Seller,

3) seek assistance from the district (municipal) consumer ombudsman or a civil society organisation whose statutory tasks include consumer protection.

The Consumer may find more detailed information on out-of-court methods of handling complaints and pursuing claims on the website http://polubowne.uokik.gov.pl.

§ 28. Complaints and notices

Every Buyer has the right to lodge a complaint regarding matters relating to the operation of the Website or the performance of the Contract. In order to facilitate the exercise by the Consumer or PNPK of their rights relating to the Seller’s liability for the conformity of the Goods or Digital Content with the Contract, the Seller has prepared a model complaint form which the Consumer or PNPK may use. The model is available at https://en.bilovit.com/pages/returns.
Complaints should be submitted to the Seller at kontakt@bilovit.com.
Buyers’ complaints will be dealt with on an ongoing basis, but no later than within 14 days of the Seller receiving the complaint.
A response to the complaint will be sent to the Buyer at the contact details provided by the Buyer when submitting the complaint.
If the Seller has not supplied the Digital Content in accordance with the Contract, the Buyer may lodge a complaint requesting the Seller to supply the Digital Content. If, despite this request, the Seller fails to supply the Digital Content immediately or within an additional period agreed between the Parties, the Buyer may withdraw from the Contract. The Buyer may withdraw from the Contract without requesting the Seller to supply the Digital Content where:

1) it is clear from the Seller’s statement or the circumstances that the Seller will not supply the Digital Content;

2) the Parties have agreed, or it is clear from the circumstances of the conclusion of the Contract, that a specific deadline for the delivery of the Digital Content was of material importance to the Buyer, and the Seller has failed to deliver it by that deadline.

§ 29. Final provisions

The Seller reserves the right to introduce and withdraw offers and promotions, and to change Prices on the Website without prejudice to the rights acquired by the Buyer, including, in particular, the terms of Contracts concluded prior to the change.
The Seller reserves the right to amend these Terms and Conditions for valid reasons such as:

1) a change in the terms of delivery of Products, Digital Content or Electronic Services;

2) the need to adapt the Terms and Conditions to changes in the law;

3) the need to adapt the Terms and Conditions to a decision, judgement or other ruling of a competent court or state authority;

4) the need to fulfil a legal obligation incumbent on the Seller;

5) editorial amendments.

If the Seller holds the Buyer’s email address, the Buyer will receive an email notifying them of the amendment to the Terms and Conditions.
The Terms and Conditions in force at the time of conclusion of the Contract shall apply to Contracts for the sale of Goods.
The Terms and Conditions in force at the time of conclusion of the Contract shall apply to Contracts for the supply of Digital Content.
In the case of Electronic Services, if the Buyer does not accept the amendment to the Terms and Conditions, they may, at no cost, cease using the Electronic Services, e.g. delete their User Account, unsubscribe from the Newsletter, or stop viewing the publicly available content on the Website.
Amendments to the Terms and Conditions do not affect the rights acquired by the Buyer prior to the date on which the amendment comes into force.
Any disputes relating to Contracts concluded via the Website shall be heard by a Polish court of general jurisdiction with jurisdiction over the place where the Seller habitually carries out their business activities. This provision does not apply to Consumers or PNPK, in respect of whom the jurisdiction of the court is determined in accordance with general principles.
These Terms and Conditions come into force on 20 February 2024.
All archived versions of the Terms and Conditions are available for download in .pdf format – links can be found below the Terms and Conditions.