Terms of Use

§1.

General provisions

  1. These Terms of Service define the principles and technical conditions of providing services by electronic means through bioton.com, in accordance with Article 8 of the Act on providing services by electronic means of 18 July 2002 (Polish Journal of Laws of 2019 item 123 and 730).
  2. Upon undertaking actions aimed at using the Website, the User is obliged to observe the provisions hereof.
  3. These Terms of Service specify in particular the:
  • type and scope of services provided by electronic means,
  • conditions of providing services by electronic means,
  • conditions of concluding and terminating agreements on services provided by electronic means,
  • complaint process.

§2.

Definitions

  1. The words used in these Terms of Service shall bear the following meaning:
  • BIOTON – BIOTON S.A. with its registered seat at Starościńska 5, 02-516 Warszawa; KRS number 0000214072; NIP number 521-008-25-73.
  • Personal Data – any information relating to an identified or identifiable natural person, in particular by reference to an identifier such as a name and surname, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  • Website – the website of BIOTON, through which BIOTON provides Electronic Services. The Website address is bioton.com.
  • User – the party using the Website in any manner.
  • Services, Electronic Services – services provided by BIOTON by electronic means.
  • Act on providing services by electronic means – Act of 18 July 2002 on providing services by electronic means (Polish Journal of Laws of 2019 item 123 and 730).
  • Terms of Service – this document, which specifies the principles and technical conditions of providing services by electronic means and which is the legal basis for using the Website.

§3.

Conditions of Providing Services by Electronic Means

  1. These Terms of Service constitute an integral part of all agreements for providing services by electronic means concluded by BIOTON.
  2. For the correct viewing of the Website and using the Electronic Services provided by BIOTON through bioton.com, the system and software installed on the User’s computer must meet the following minimum requirements:
    • Internet connection,
    • a browser that accepts cookies,
    • the following versions of browsers (or their updated versions): Chrome 64, Firefox 59, Safari 11, iOS Safari 10.3, Internet Explorer 11, Microsoft Edge 16. – as at 2019-07-10, in the future – 2 versions older than the up-to-date one.

§4.

Conditions of Concluding and Terminating Agreements for Providing Services by Electronic Means

  1. The Agreement on providing services by electronic means is concluded when the User enters bioton.comin the browser address bar.
  2. The Agreement on providing services by electronic means is terminated when the User leaves the Website.
  3. BIOTON will strive to provide the highest quality of services, however it will not be liable for interruptions and disruptions caused by force majeure events or the illegal activity of third parties.
  4. All Services provided by BIOTON on the Website are free of charge.

§5.

Type and Scope of Services Provided by Electronic Means

  1. BIOTON provides the following services through the Website:
    • Online access to all content on the Website.
  2. BIOTON’s Website is available to Users 24 hours a day, 7 days a week.
  3. BIOTON will provide uninterrupted Services, however it will not be liable if Users are unable to access the Website due to reasons beyond BIOTON’s control. BIOTON also reserves the right to short technical breaks for planned, ongoing or emergency maintenance works of the Website or of the software, necessary for providing Services.
  4. BIOTON reserves the right to temporarily suspend access to the Website for important reasons without notice.
  5. BIOTON will not deliver messages of illegal nature within the meaning of Article 8 para. 3 item 2b) of the Act on providing services by electronic means.
  6. Users will use the Website in accordance with the law, the principles of social coexistence and social norms, and with respect for intellectual property rights.
  7. The time zone of the BIOTON Website is the local time in Poland.

§6.

Personal data

  1. Bioton processes the collected Personal Data in accordance with the most current regulations on personal data processing, in particular the Act on providing services by electronic means. The Personal Data of Users will be processed for providing services through the Contact Form and Adverse Effect Notification Form, for ensuring access to the Website and for legally justified purposes, in particular the marketing of BIOTON’s products and services.
  2. Users have the right to access and rectify their Personal Data at any time.
  3. Users have the right to be informed whether and for what purpose their Personal Data is being processed.
  4. The principles of collecting, processing and protecting Personal data, as well as using cookies are specified in the Privacy Policy and Cookies Policy on the following website(s)::

§7.

Complaints

  1. Users have the right to file complaints regarding Electronic Services.
  2. Users can send their complaints to BIOTON’s email address reklamacje@bioton.com or to BIOTON’s postal address.
  3. A correct complaint must include at least the following Personal Data of the User: name and surname, postal address (if the User would like to receive a reply by post) or email address (if the User would like to receive a reply by email) and the subject of the complaint.
  4. If the information given in the complaint is for any reason incomplete, BIOTON will without delay request the User to complete it within a specified period of time.
  5. BIOTON will investigate complaints within maximum 14 (fourteen) days from the date they are filed, and in cases of complex complaints the response deadline will be 30 (thirty) days.
  6. If BIOTON is unable to investigate a complaint within the period indicated in point 5 above, it will inform the User of this fact by email, as well as indicate the reason for the delay.
  7. Users who are BIOTON customers have the option of alternative (out-of-court) dispute resolution and pursuit of claims in front of the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection. All the information regarding the above ADR procedure is available in Polish at uokik.gov.pl

§8.

Final Provisions

  1. These Terms of Service may be amended at any time, especially in order to reflect the changes in the scope or manner of services provided by BIOTON or the changes in the law in force.
  2. The change of the Terms of Service is effective 7 days after the new version is published on the Website. BIOTON will inform its Users about the changes made in the Terms of Service by publishing the updated Terms of Service on the Website.
  3. All works on the Website are protected by the law in force, in particular by the Civil Code of 23 April 1964 (consolidated text: Polish Journal of Laws of 2014 item 121 as amended.), Act of 4 February 1994 on copyright and related rights (consolidated text: Polish Journal of Laws No. 90 of 2006, item 631 as amended.), Act of 30 June 2000 on Industrial Property Law (consolidated text: Polish Journal of Laws No. 119 of 2003, item 1117 as amended) and the Act of 16 April 1993 on combating unfair competition (consolidated text: Polish Journal of Laws No. 153 of 2003, item 1503 as amended).
  4. All matters not provided for in these Terms of Service will be governed by the regulations set forth in the Act on providing services by electronic means, Act on copyright and related rights and the Civil Code.
  5. Any disputes arising in connection herewith will be settled by both parties in good faith and through amicable negotiation. The construction, validity and performance hereof will be governed by the laws of Poland.