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Terms of Use
TERMS AND CONDITIONS OF USE OF THE ONLINE STORE
Dear Sirs,
We are very pleased to welcome you to the legal documents section of our Online Store www.gemkibo.pl . Familiarizing yourself with the terms and conditions and other documents means to us that you are conscious customers who care about their consumer rights while making informed purchases. In the Online Store www.gemkibo.pl we care not only about the highest quality of products offered and friendly service, but also about your
Rights when shopping online. Our documents are in compliance with current legislation, especially the latest version of the Consumer Rights Act. Your shopping satisfaction and safety online are very important to us. Please note that if you have any questions related to our policies or GEMKIBO brand products offered in our online store, you can contact us. We do not leave any question unanswered for the sake of the GEMKIBO brand and the services provided, which should always be of the highest quality. Our customer service department is open from 9:00 a.m. to 2:00 p.m., Monday through Friday, except public holidays at the phone number and e-mail address: +48 728 318 459., gemkibo@gmail.com Feel free to contact us! GEMKIBO Sp. Z o.o., ul. Nowy Świat 54/56, 00 - 363 Warsaw. NIP: 5253046986. KRS: 0001173836. REGON: 541772560.
Terms and conditions of the GEMKIBO online store www.gemkibo.pl
1 General Provisions.
In the first part of the Regulations we want to introduce ourselves. We inform you how you can contact us and discuss a number of the most important information you will find in this document.
1.1 The Online Store is available at: www.gemkibo.pl and its extensions. The Online Store is operated by: GEMKIBO Sp. Z o.o., ul. Nowy Świat 54/56, 00 - 363 Warsaw. NIP: 5253046986. KRS: 0001173836. REGON: 541772560. (hereinafter: Seller).
1.2 Contact with the Online Store is possible:
a. at e-mail: gemkibo@gmai.com ;
b. at telephone number: +48 728 318 459, (customer service open from 9:00 a.m. to 2:00 p.m., Monday
to Friday, except public holidays);
c. using a mailing address:
d. GEMKIBO Sp. Z o.o., ul. Nowy Świat 54/56, 00 - 363 Warsaw.
e. by means of the contact form available in the Intern Shop
1.4 Acceptance of the Terms and Conditions is voluntary, but necessary in order to use selected features of the Online Store (e.g. to create a Customer Account or make a purchase).
1.5 The Regulations are made available free of charge in the Online Store in a way that allows users:
a. familiarization with its contents,
b. capturing its content in by printing it out yourself or saving it on a
external media, such as PDF downloads,
c. familiarization with its current version,
1.6 DEFINITIONS. Whenever the following capitalized phrases are used in the following section of the Terms and Conditions, they shall be construed in the sense set forth below, unless the context of their use clearly indicates otherwise:
PROMOTIONAL ACTION - special conditions for the sale of Products or provision of services, offered by the Seller at a certain time, which the Customer may take advantage of under the terms and conditions specified therein, such as, for example, a reduction in the Price for a Product or a Promotional Set, or a reduction / no cost of Shipping. The details of the Promotional Action are governed by the Terms and Conditions of the Promotional Action, as provided within the Online Store. If the Promotional Action is in effect, the provisions of the Promotional Action Regulations shall take precedence over the provisions of these Regulations.
BOK - the Online Store's Customer Service Office, which provides information on the Online Store's operations, including the Products offered or the processing of Orders.
PRICE - the amount of gross remuneration (including tax), specified in Polish zlotys, due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. In the case of physical Products, the price does not include delivery costs, unless the terms and conditions of the Promotional Action in force at a given time at the Online Store state otherwise.
CUSTOMER - (1) a natural person; or acting through an authorized person, (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain the legally effective consent of his/her legal representative to conclude the Service Agreement/Sales Agreement and to present such consent at any request of the Seller.
CONSUMER - a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity, within the meaning of Article 22(1) of the Civil Code of April 23, 1964.
CUSTOMER ACCOUNT - Electronic Service; a set of resources in the Seller's ICT system, marked with an individual name (Login) and Password provided by the Customer, allowing the Customer to use additional functionalities of the Online Store. The Customer gains access to the Account by means of the Login and Password. The Customer logs into his Account after registering with the Online Store. The Account allows saving and storing information about the Customer's address data for shipment of Products, access to Order history, active subscriptions and other services provided by the Seller.
CART - Electronic Service made available to each Customer who uses the Online Store, consisting of enabling him/her to easily place an Order for one or more Products, occasionally to enter discount codes allowing to reduce the Price on the principles specified in separate Regulations of Promotional Actions, to display a summary of the Price of individual Products and all Products in total (including possible shipping costs). The shopping cart also allows you to establish and modify order data, in particular: the number of Products, delivery address, invoice data, delivery method, form of payment. As part of the Shopping Cart service, the Seller may send the Customer an e-mail message about the Products
remaining in the Shopping Cart or unsuccessful / rejected by the payment intermediary transaction (transaction email). The shopping cart collects offers made by the Customer to conclude a Sales Contract, i.e. more than one offer to conclude a Sales Contract can be made within one Order.
LOGIN - the Customer's user name provided within the Store when creating a Customer Account.
NEWSLETTER - Electronic Service, which allows all enrolled individuals to receive periodic information about the Online Store, in particular about Products, current activities, marketing actions and Promotional Actions, to the e-mail address provided by the individual, with his/her express consent. In the Regulations, an individual subscribed to the Newsletter may be referred to as a Customer.
BILLING PERIOD - designates the time interval (e.g. 30 days, 60 days, one year) for which the Price is charged in connection with the conclusion of the Subscription. The Price is charged in advance for each Billing Period.
PRODUCT - a movable item available in the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller, against payment of the Price. The Product constitutes goods within the meaning of Article 2 item 4a of the Act of May 30, 2014 on Consumer Rights.
AMBASSADOR PROGRAM - a program that can be accessed after the creation of a Customer Account consisting of the opportunity to receive a discount on a Product if a third party makes a purchase in the Online Store through an affiliate link provided by the person using the Customer Account.
ENTERPRISE - CONSUMER - a customer who is a natural person concluding a contract directly related to his/her business activity, when from the content of this contract it is clear that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information of Business Activity.
TERMS AND CONDITIONS - this document defining, among other things, the rules of concluding Sales Contracts and the rules of providing and using services made available by the Seller via the Internet Store to Users and Customers. The Regulations define the rights and obligations of the User, including the Customer as well as the Seller. With regard to services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services.
INTERNET STORE - an Internet sales service operated by the Seller in the Polish language.
PRODUCT PAGE - a page in the Online Store that presents detailed information about the Product.
SUBSCRIPTION - Sales Agreement in a subscription model under which the Seller will periodically provide the Customer with physical Products covered by the subscription for a certain Price, with a certain frequency depending on the dosage of a given dietary supplement or other Seller's Product. The subscription renews without the need for the Customer to make any additional representations or to place further Orders. Under the Subscription, the Customer receives Products on a regular basis, such as every 30/60/90 days. Payment for the Subscription is charged automatically. The Customer has the right to cancel the Subscription at any time. The purchase of Products under the Subscription may be subject to a discount, in accordance with the rules of the Promotional Action.
CONTENT/Content - text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are posted and distributed within the Internet Store by the Seller, the Seller's contractors, the Customer or any other person using the Internet Store, respectively.
CONTRACT OF SALE - a contract of sale within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of a Product against payment of the Price plus any additional charges, including shipping costs, the terms and conditions of which are specified in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller with the use of means of remote communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Regulations. The Sales Agreement specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant terms and conditions. Each Product is subject to a separate Sales Agreement. The Seller, within the functionality of the Online Store, for objective (materially justified) reasons, may reserve the conclusion of only one Contract for several Products due to the direct relationship between the Products - e.g. a Promotional Set, according to the content of the Regulations of the Promotional Action.
ELECTRONIC SERVICE - provision of services by electronic means within the meaning of the Act of July 18, 2002 on the provision of services by electronic means, by the Seller to the Customer via the Online Store, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions on the rules of use of these services are contained in the regulations on the provision of services by these entities.
USER/VISITOR - a natural person browsing the resources of the Online Store.
ORDER - a declaration of will of the Customer expressing a direct will to conclude a Sales Agreement at a distance, made with the use of means of remote communication, specifying the Product for which the Customer makes an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and execution of the Sales Agreement. The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). During the course of the Promotional Campaign, the Seller, within the functionality of the Online Store, for objective reasons, may condition the conclusion of a single Sales Contract for several Products within the Promotional Set, due to
direct relationship between the Products. An order may be assigned a single number, and all offers will be processed in parallel.
Acceptance of the Order implies the conclusion of the Sales Agreement.
MARKETING ACTIVITIES - all activities undertaken by a company to promote products or services, reach customers, increase sales, build awareness and positive brand image. They include a range of strategic activities and tools, from advertising and PR to content marketing, social media, email marketing, SEO and e-mail marketing, which are aimed at satisfying customer needs and achieving business goals.
SEO (Search Engine Optimization) - search engine optimization, a set of activities aimed at increasing a website's visibility in free (organic) search results, such as Google. The goal is to achieve a high ranking for specific key phrases, which translates into more organic traffic to the site, greater brand recognition and potentially higher revenue.
DIRECT MARKETING - a communication strategy that relies on direct outreach to selected customers to build relationships and get them to respond immediately, such as making a purchase. Its key features are personalization of the message and the ability to measure effectiveness, and the most popular channels are e-mail marketing, telemarketing, SMS and snail mail.
PROMOTION - all activities aimed at informing, persuading and reminding customers about products or services. These can include both traditional media campaigns and online activities (e.g. Google Ads).
PRICE PROMOTION - marketing activities involving a deliberate reduction in the price of a product or service for a specified period of time to encourage customers to buy. It includes a variety of methods such as discounts, coupons, promotions, with the aim of increasing sales in the short term. It is a deliberate reduction in the price of a product or service. The entrepreneur communicates information about the Price Promotion to consumers in an unambiguous manner in accordance with the regulations of the OCCP. (Office of Competition and Consumer Protection).
CASH BACK PROMOTION - a refund of part of the amount spent or cash back on purchase(s). The customer receives a refund to the account, such as a percentage of card purchases, or cash back in another form described directly in the rules/regulations/name of the particular promotion to which it applies (Cash back).
PRICE DISCOUNT - according to the OCCP, any action by a trader to reduce the price of a product or service, which must be communicated to the consumer in a clear and unambiguous manner. The basic principle (known as the Omnibus Directive).
AUTOMATIC DISCOUNTS - systems that automatically grant discounts on products based on set rules, business goals or dynamic market factors, without requiring the user to enter discount codes. They can be AI-based to optimize prices to increase profit, or accrued in-store when certain conditions are met, such as reaching a basket value threshold. In an online store, there are many variants of types and designs for granting discounts i.e., among others: AI-based (e.g., in Google Merchant Center). Rule-based (e.g., in e-commerce platforms). Based on loyalty systems. Data-based (e.g., in ERP systems).
CONTEXT ADVERTISING - a form of online advertising that involves matching advertising messages to the content of the website the user is currently browsing, or to the user's interests. The purpose of contextual advertising is to increase the relevance and effectiveness of the message, displaying ads thematically related to the context of the page (e.g. an ad for supplements on a page about health) or to the user's previous online activities.
DISCOUNT CODES - a string of letters, numbers or characters that entitles you to purchase a product or service under special, promotional conditions, such as a discounted price, free delivery or other special discount. Discount codes are a marketing tool used - to increase sales and build brand loyalty.
LOYALTY PROGRAM - a marketing strategy that involves building long-term relationships with customers by rewarding them for repeat purchases or other desirable behavior. We use it to encourage our customers to buy regularly and strengthen their relationship with the brand by offering various rewards in return, such as points, discounts or special privileges.
CART CODE - a term referring to a discount code (coupon) entered during order processing in our online store that reduces the value of the order. CART CODE, in the context of our product management, refers to SKU (Stock Keeping Unit) - a unique product identifier that makes it easier for us to track and control inventory.
GOOGLE ALGORITHM IN THE (SALE PRICE) ATTRIBUTE (PRICE DROP) - Google's algorithm automatically marks products as "RARE". (PRICE DROP) when it detects a price reduction, even if it is not marked in the (SALE PRICE) attribute in the product data. Users can also track product prices to receive notifications of changes. In the Chrome browser (on Android devices), you can see the price reduction icon on the product card if it has been detected by the algorithm.
REGULAR PROMOTION - marketing activities undertaken at specific, recurring intervals. Unlike one-time campaigns, it involves constant communication with the customer and building brand or product awareness, with the aim of, for example, increasing sales or loyalty in the long term. In a pricing context, it means a fixed, lower-than-standard price charged for successive payment periods, such as in subscription models.
REGULAR DISCOUNT - a reduction in the price of a product or service that is in accordance with accepted standards, such as the lowest price in the specified period preceding the promotion (usually 30 days). In our online store we correctly signal regular reductions. We indicate not only the new, lower price, but also the so-called "before discount" (regular) price, for the sake of the customer being able to assess the amount of savings, as per the regulations of the OCCP and PARP.
PRICE UPDATE - is the price that will be introduced in the future for a product or service, used mainly in the context of new product launches or as part of price presentations with a discount in accordance with the Omnibus Directive. It is used to inform the consumer of the planned higher price from which the promotional discount can be calculated, ensuring transparency and preventing confusion.
NEW IN OFFER - a term that refers to products, services or terms that have been introduced into the company's current sales or commercial offerings. It means novelty, e.g., services or product/products that are now available to buy or enter into a contract. In a legal context, an "offer" is a statement of intent to enter into a contract that specifies the essential terms of the contract, such as the subject matter and conditions.
OMNIBUS DIRECTIVE - The Omnibus Directive is the informal name of EU Directive 2019/2161, which strengthened and unified the protection of consumer rights in the EU market, especially in online sales. It introduced new regulations regarding, among other things, promotional pricing (the obligation to list the lowest price from the last 30 days before the promotion) and a ban on manipulating product reviews. In Poland, it came into force on January 1, 2023, following amendments to the Consumer Rights Act.
UOKIK - (Office of Competition and Consumer Protection). The central body of government administration in Poland. Its main task is to protect the interests of consumers and ensure the proper functioning of competition in the market by, among other things, preventing unfair practices and supervising the market.
PARP - Polish Agency for Enterprise Development, a state-owned institution that supports the development of entrepreneurship in Poland, managing the
funds from the state budget and the European Union. The agency implements various projects, such as supporting small and medium-sized companies, financing training and consulting,
also runs a portal with free online courses.
2 Rules of use of the online store.
In the rules of use of our Online Store, we would like to explain to you what minimum technical requirements you should meet in order to use its functionality without problems.
2.1 The minimum technical requirements of the User's device to enable full and correct use of the Online Store:
a. A device with access to the Internet;
b. the latest version of the web browser;
c. an active e-mail account (e-mail address) in order to set up a Customer Account, sign up for the Newsletter, or make a purchase.
2.2 The Seller does not guarantee that the use of the Online Store will be without errors or technical interruptions. The Seller reserves the right to suspend or restrict access to the Online Store at any time, without prior notice to Customers. The Seller will strive to immediately restore the operation of the Online Store. Technical interruptions should not affect the processing of Orders already placed.
2.3 The Seller is not responsible for the content and content of other services and portals to which the Customer may be redirected using links placed in the Online Store (e.g. courier companies, or payment operators).
3. electronic services in the online store.
In the third part, we present to you the Electronic Services available in our Store. An Electronic Service is, for example, a Shopping Cart or a Newsletter. We explain how to easily make complaints about Electronic Services.
3.1 The Seller shall provide the following Electronic Services via the Online Store to
Users, including Customers, which do not require payment of the Price:
a. maintaining a Customer Account, in the case of registration;
b. enabling Customers to place Orders, enter into Sales Agreements, enter into Service Agreements on the
The rules set forth in these Regulations;
c. presenting customers with advertising content tailored to their interests;
d. enabling Customers to use the services of the Shopping Cart;
e. Allowing you to add feedback on purchased products;
f. to allow browsing of Content placed within the Store, including marketing content;
g. enabling the use of the Diet Quiz;
h. Enabling the addition of Products to the Watch List;
i. Enabling the ordering of notifications of Product availability;
j. contact form;
k. Newsletter.
Customer Account.
3.2 The Seller shall additionally, for the benefit of Customers who have created a Customer Account, provide the following services through the Online Store:
a. maintaining the Customer's session after the Customer logs in to the Account (using the browser);
b. storing and making available to the Customer through the Account the history of Orders;
c. enabling changes to the Customer's data within the Customer Account;
d. enabling participation in the Ambassador Program;
e. ability to manage Subscription.
3.3 The use of the Account is possible after the Client has completed the following steps together:
a. completing the registration form by indicating the e-mail address, name and surname and assigning a password and agreeing to the processing of personal data, accepting the provisions of these Regulations and Privacy Policy;
b. confirming the desire to create a Customer Account by activating the link in the email received at the indicated email address (double check in process);
c. successful registration, which will be confirmed by an email from the BOK of the Online Store.
3.4 The Agreement for the Provision of Services is concluded when the Customer receives a confirmation of the Customer's Account registration, sent by the Seller to the email address provided by the Customer. The Account is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Vendor (e.g. using the means of communication described in Section 1.3 of the Terms and Conditions).
Basket.
3.5 The use of the Shopping Cart begins when the User adds the first Product to the Shopping Cart.
3.6 The shopping cart is a service provided free of charge, for the period during which there are unpurchased Products in the User's shopping cart. When an order is placed and successfully paid for, the service is terminated.
3.7 The Customer has the ability to independently correct the entered data within the „Shopping Cart” panel by adding or removing a given item from the Shopping Cart. The deletion of a given item may automatically cause the deletion of another item from the Cart as well, due to the direct relationship between the Products. The Shopping Cart also allows you to set and modify order data, in particular: delivery address, invoice data, delivery method, payment method, add codes
discounts.
Newsletter.
3.8 Newsletter Service includes:
a. Newsletter service consists of receiving by Users subscribed to it (Service Recipients), who have made available to the Seller (Service Provider) their e-mail address, electronically, including by means of automatic calling systems, commercial information on products and services of the Seller and Seller's partners, including in particular information on their current offer, promotions, discounts and marketing actions (e-mail marketing);
b. receipt by Service Recipients who have made their telephone number available to the Seller, including by means of automatic calling systems, commercial information concerning the products and services of the Seller and the Seller's partners, including in particular information about their current offerings, promotions, discounts and marketing actions (sms marketing).
3.9 The use of the Newsletter service is possible after the User performs the following steps:
a. providing at least your e-mail address or telephone number, in the designated field in the Online Store, or checking the appropriate checkbox to receive commercial information through the selected communication channel;
b. acceptance of the provisions of these Terms and Conditions (including additionally by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer - if such functionality has been made available) and confirmation of reading the Privacy Policy. The Service Provider may also provide other ways to accept the provisions of the Terms and Conditions.
3.10. The Newsletter Service is provided for an indefinite period of time.
3.11. The Customer shall have the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter service (resignation from the service), in particular by sending a request for discontinuation of the Newsletter service to the contact data provided in sec. 1.3 of the Terms and Conditions, or by clicking on the deactivation link included in the email message sent to the Customer within the Newsletter service, or by clicking on the appropriate button on the Online Store website, to which the link is included in the first message sent to the phone number provided in connection with the Newsletter service registration. Unsubscribing from one of the channels of the Newsletter service in the manner indicated above, does not mean automatic unsubscription from the other channel of the Newsletter service.
3.12. The Seller may at any time terminate the contract for the provision of Newslleter service with one month's notice for valid reasons, understood as (closed catalog):
a. a change in the law governing the provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the agreement, or a change in the interpretation of the above laws as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the field;
b. a change in the manner of providing services due solely to technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
c. change in the scope or provision of services to which the provisions of the Regulations apply, through the introduction of new, modification or withdrawal by the Seller of existing functionalities or services covered by the Regulations.
3.13. The Seller shall send its statement to the extent specified in paragraph above to the e-mail address or telephone number provided by the Customer during registration for the Newsletter service.
3.14. The Vendor may terminate the Newsletter service agreement upon seven days' notice or deny the Customer's further right to use the Newsletter service, as well as may restrict his/her access to part or all of the content referred to above for valid reasons, i.e. in the event of a gross violation of these Terms and Conditions by the Customer/User, i.e. in situations where the Customer/User (closed catalog): uses the Newsletter in a manner inconsistent with the provisions of applicable law and violating the rights of third parties, contrary to the provisions of the Regulations, as well as inconsistent with the customs and rules of social coexistence adopted in this respect, in particular, provides content of an unlawful nature.
Complaints of Electronic Services.
3.15. Complaints related to the provision of Electronic Services may be submitted in any form. It is recommended to use the means of communication indicated in Section 1.3 of the Regulations.
3.16. A sample complaint form is available under the Terms and Conditions.
3.17. The Seller shall respond to the complaint immediately, but no later than within 14 days from the date of the
its submission.
4 Ambassador Program.
Here we describe on what basis you can become an ambassador of our GEMKIBO brand and how the referral program works. (The Ambassador Program is an option that can be implemented if the need arises. However, the program is included here as a permanent element for the needs of the marketing department and other partners working with the company/company in various capacities).
4.1 The condition for participation in the Ambassador Program is the creation of a Customer Account.
4.2 As part of the Customer Account, the Customer may access an affiliate link.
4.3 The Affiliate Link is located in the Ambassador Program tab accessible from the Customer Account. Each link is associated with a specific Customer Account.
4.4 In the case of purchase of Products available in the Online Store via an affiliate link by a third party who has not previously made purchases in the Online Store and does not have his/her own Customer Account, both the holder of a given Customer Account and the third party shall be granted a discount.
4.5 In the event of withdrawal from the Sales Contract, cancellation of the Order or the occurrence of other circumstances obliging the Seller to refund the Price paid by a third party, the discount accrued for the conclusion of a given Sales Contract shall cease to be valid.
4.6 Detailed terms and conditions of the Ambassador Program, including information on the amount of the discount to be granted and the possibility to take advantage of it, are located in the Ambassador Program tab on the Online Store website and in the corresponding tab available in the Customer Account.
5. Terms and Conditions for placing an Order and concluding a Sales Contract (distance selling). This is a very important part of our Terms and Conditions, in which we explain how you can purchase our Products, i.e. place an Order and then conclude a Sales Contract.
5.1 Information presented in the Online Store is only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, directed by the Seller to Users, including customers, and not an offer within the meaning of the Civil Code.
5.2 The main features of the performance including the subject matter of the performance and the method of communication with the User shall be specified on the Product Page or in another manner appropriate for the Product, within the Online Store. If the Product does not have the specified features, characteristics or functions, the Seller shall clearly inform the User about it before the User places the Order.
5.3 As part of the development of the Products or services available on the Online Store and due to their specifics, the Seller may introduce restrictions on the ways of placing Orders for certain Products. In the case of placing several Orders at the same time, of which the restriction referred to above applies to at least one, this may affect the availability of ways to place Orders for the remaining ones as well.
5.4 The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer has submitted the following
Orders.
Placing Orders.
5.5 The Seller shall enable the User to place an Order via the Online Store as follows, sequentially:
a. The Customer adds the selected Product (or Products) to the Cart and then proceeds to the order form (purchase path);
b. The user who is logged in to his/her Customer Account confirms in the order form the validity of the data necessary to place the Order;
c. A user who does not have a Customer Account must independently fill in the order form to the extent necessary to place an Order. In the form it is necessary for the Customer to provide the following data: name and surname, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: place and method of Product/s delivery, method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company and Tax Identification Number. In the case of Entrepreneurs - Customers, the Seller may ask to indicate the entrepreneur's PKD numbers.
d. In any case, providing outdated or false data when filling out the order form may prevent the execution of the Order and the conclusion of the Sales Agreement.
e. When completing the Order form, select the method of payment of the Price and specify the method of delivery of the Product, if it is subject to shipment.
f. In case of Subscription, the Customer indicates the frequency of recurring shipment (e.g. 30, 60, 90 days).
g. The Customer sends the Seller an Order (submits an offer). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions and reading the Privacy Policy is required.
h. Depending on the chosen method of payment for the Order, the Customer may be redirected to the pages of a third-party payment service provider, in order to make payment or provide data for the purchase of installments or deferred payment.
5.6 In response to an Order, the Seller shall immediately send an automatic message to the Customer at the e-mail address provided by the Customer for this purpose with confirmation of receipt of the Order or with information on the execution of the Order.
5.7 After verifying the Order, without unreasonable delay, the Seller sends a message to the Customer at the provided e mail address with:
a. confirming the acceptance of one or more individual offers for the Products, made under the Order and
confirmation of the conclusion of the Sales Agreement (acceptance of the Order with regard to the Products indicated in the message);
or
b. information about the impossibility of accepting all offers for Products, made within the Order, e.g. due to
non-payment.
5.8 The Sales Agreement shall be concluded upon confirmation of the offers(s) from the Order, i.e. sending to the Customer the email message referred to in Section 5.7 letter a or 5.6 in fine to the extent of the Products indicated therein.
5.9 Placement of the Order implies consent to receive a bill / invoice, corrective invoice and duplicates of these documents in electronic form, to the indicated e-mail address. Along with the confirmation of the Order, the Seller sends a bill / invoice. At the same time, the Customer declares that he will receive the above electronic invoices at the e-mail address provided by him.
5.10 In the event that it is not possible to accept all or some of the offers submitted under the Order, the BOK will contact the Customer to:
a. informing the Customer of the impossibility of accepting all offers made under the Order; or
b. confirmation by the Customer of the will to execute the Order in the part in which the Seller agreed to accept the offers to conclude the
Sales Agreement. The Customer may then cancel the Order in its entirety (to the extent of all offers), which does not affect his right to cancel the contract. The Customer's cancellation of the Order relieves the Seller of the obligation to continue processing the Order. In case of cancellation of the Order, the following section shall apply accordingly.
5.11. In the event that it is not possible to accept the offer(s) made under the Order, the Sales Agreement in the scope of the Products indicated by the BOK is not concluded, and the Seller shall immediately, no later than within 14 days, return to the Customer the payments made by the Customer, to the extent that the Sales Agreement has not been concluded.
5.12 Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, SMS or contacting by phone.
5.13 The Seller shall strive to ensure the availability of all Products and the performance of the Sales Agreement. In case of inability to perform in emergency or unforeseen situations, and in other situations defined by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, in particular concerning the obligation to immediately return the performance to the Consumer, may apply.
5.14. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may, during the period selected by the Seller, determine the threshold of the minimum value of the Order for which the shipment of the Products is free of charge. The Customer is informed about the total price including taxes of the Product, as well as delivery costs and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, before placing the Order and before concluding the Sales Contract.
5.15 The Promotional Actions applicable to the Online Store shall not be cumulative, unless the provisions of the Promotion expressly provide otherwise.
Subscriptions.
5.16 These provisions are specific and apply only to Subscriptions. The provisions of the rest of the Terms and Conditions relating to Orders shall apply directly to matters not covered below with respect to Subscriptions.
5.17. The Customer, when ordering a Physical Product, may choose Subscription, i.e. so-called cyclic shipment. On the Product Card, the Seller indicates the frequency of Subscription, which depends on a) the volume of the package, e.g. the number of capsules b) the recommended dosage of the Product (e.g. Subscription every 30, 60, or 90 days. The Customer adds the selected Products to the Cart.
5.18 Under the Subscription, the Customer receives products on a regular basis, without having to place a separate Order each time.
5.19 Customer may receive a discount (e.g. -15%) as part of the Subscription, in accordance with the terms and conditions of the Promotional Action.
5.20 The Subscription is concluded for an indefinite period of time. Both the Customer and the Merchant may terminate the Subscription at any time. Termination of the Subscription shall result in termination of the contract relating to it upon the expiration of the last paid Settlement Period.
5.21. The Customer may terminate the Subscription from within the Customer Account by using the Subscription cancellation functionality. In such case, the concluded Agreement will be terminated at the end of the last paid Settlement Period.
5.22. The Customer has the right to edit the Subscription at any time, by, among other things: changing the address for shipment of Products, changing the delivery date.
5.23 As part of the Subscription, the Customer agrees that a third-party Payment Operator may periodically charge the Customer's payment card for the Price of the Products subject to the Subscription and the cost of Delivery (unless the Seller introduces free shipping), in accordance with the terms and conditions of the designated Payment Operator. The Price plus the cost of Delivery (if Delivery is chargeable) will be charged by the Payment Operator according to the frequency of the Subscription.
5.24 In order to launch a Subscription, the Customer, in addition to the standard information necessary to place an Order, is required to provide payment card details and a standing direct debit order. The card data will be stored by a third-party Payment Operator.
6 Methods and terms of payment for the purchased product(s). We are flexible - our Store allows various payment methods. Please check how you can pay your
Order.
6.1 The Seller shall make available to the Customer various methods of payment for the Order through trusted payment intermediaries:
a. electronic payments (e.g. BLIK); b. payment card payments;
6.2 The possible current methods of payment are specified in the Online Store and presented before the Customer submits the
Order and before the conclusion of the Sales Agreement. The available payment methods may depend on the delivery method chosen by the Customer or the characteristics of the Product. The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
6.3 In the case of Subscriptions, the Seller shall only allow payment via payment card, which involves automatic debiting of the Customer's bank account with the Price in accordance with the Subscription, payable in Billing Periods. Payment is charged in advance of the Billing Period each time indicated on the product card.
6.4 If the Seller does not receive the Customer's payment, the BOK may contact the Customer to remind him of the payment and abandoned shopping cart, including sending an email (transaction email). Failure to make payment within 2 days of placing the Order, and within an additional 2-day period thereafter, will result in non-acceptance of the offer made by the Customer under the Order. The Customer may also cancel the Order without incurring any consequences by contacting the Seller through the BOK until receiving the message about sending the Order, which does not affect his right to withdraw from the contract.
7 Cost, methods and delivery times.
Delivery of the product is a very important part of fulfilling the Order. We strive to deliver the product to you as soon as possible.
7.1 Delivery of the Product is carried out through an external company - a postal operator (such as a courier company or a company that carries out collection at a point), selected by the Customer when placing the Order.
7.2 The delivery of the Product to the Customer is chargeable, unless the Customer has placed an Order with free delivery, after meeting the criteria for free delivery or during the Promotional Action for free delivery. The currently available Product delivery costs are indicated to the Customer before placing the Order and concluding the Sales Agreement.
7.3 The available delivery methods may depend on the payment method selected by the Customer or the characteristics of the Product. The available delivery methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
7.4 Delivery is usually made within 24 hours from the date of confirmation of the Order. The total delivery time of the ordered Product consists of:
a. time of preparation of the order for shipment by the Seller (up to 3 working days from the date of confirmation of the Order by the Seller). If several Products are ordered, the Order will be forwarded for delivery after the Product with the longest preparation time is prepared;
b. and the delivery time of the Product by the selected courier company or other postal operator. The delivery time of the courier company or other postal operator is indicated at the stage of placing the Order and depends on the type of Product ordered and the deadlines of the courier company or other postal operator.
7.5 In emergency situations, the delivery date may be extended, of which the Seller will inform the Customers (e.g. sale period, holiday period, unforeseen circumstances such as the outbreak of a pandemic).
7.6 In the event that the Order preparation or Product delivery time is extended, the Seller reserves the right to contact the Customer to inform him of the reason for the delays and the new scheduled delivery date.
7.7 The shipping time of an order may be extended for Products that will require personalization on Customer's order. The Customer will be informed of the shipping time on the Product Card or when placing the Order.
7.8 Receiving the shipment with the Product from the courier or postal operator, if possible, the Customer should verify with the carrier that the Product was delivered whole, without defects. If the Product is damaged by the carrier, a damage report should be written and the Seller should be informed.
7.9 Courier companies, postal operators and companies operating Points of Collection have their own regulations on the manner of implementation of the delivery service (including possible complaints about the delivery, the time and manner of reporting any damage to the shipment and other relevant issues) - detailed information in this regard can be found on the websites of the delivery companies. Please familiarize yourself with these terms and conditions before choosing a delivery method.
8. reviews posted on the online store.
Our Store, like many other e-commerce entities, collects feedback on Products and services provided We try to make this process as transparent as possible. We care about reliable opinions in this regard, in this section of the Terms and Conditions we explain what rules apply in our Store of the process of posting opinions and
comments.
8.1 All Customer reviews of Products purchased from the Online Store are verified. The Online Store obtains opinions only from people who have actually made a purchase.
8.2 After receiving the ordered Products, the Customer may be asked to voluntarily add feedback on the purchased Product
Product.
8.3 The Customer may add an opinion on the Products:
a. via the feedback form available on the product card posted on the Online Store;
b. using a dedicated link to give an Opinion (sent by the Seller or an external company,
acting on behalf of the Seller);
c. the feedback form included in the email from the Seller.
8.4 By completing the feedback form, the customer agrees to publish the subjective content contained therein about the purchased
Product and to provide personal data to the extent necessary to post an opinion. Depending on the feedback mechanism adopted, the Customer may be asked to give a comment, the number of stars (e.g. from 1 to 5), or mark a scale of satisfaction or dissatisfaction with the Product.
8.5 Opinions posted on the Online Store are not sponsored in any way, and their content does not affect the terms of future contracts with the Seller.
8.6 The Online Store posts all opinions, both positive and negative, as long as their content does not violate the provisions of the Regulations or applicable law.
8.7 Opinions posted on the Online Store are subject to verification in terms of making them by Customers who actually purchased the Product. The aforementioned verification is carried out by comparing the data of Customers who purchased the reviewed products with the data of persons posting the opinion:
a. In the case of Customers who receive an email requesting feedback, we guarantee that such email is received only by those who have made a purchase and received the Product;
b. In the case of posting opinions on the Website on the Product Card, the Customer is obliged to provide an e-mail address or other data on the basis of which the Online Store, for verification purposes, will associate his/her opinion with a particular
Order.
9 Product Complaints.
We pay great attention to the highest quality of our products. However, if you have any objections to the purchased goods - please check how to easily file a complaint with us.
9.1 The Customer, who is a Consumer and Entrepreneur - Consumer is entitled to make a complaint about the purchased Product.
9.2 The seller shall be responsible for the compliance of the performance with the contract, in particular it shall be obliged to provide the customer with
Product without defects and in accordance with the concluded Sales Agreement. The Seller shall not be liable for the Product's non-conformity with the Agreement to the extent specified in Article 43b (2) or (3) of the Consumer Rights Act, if the Consumer has been expressly informed that a specific feature of the Product deviates from the requirements for conformity with the Agreement and, at the latest at the conclusion of the Sales Agreement, has expressly and separately accepted its features.
9.3 The Seller shall be liable for the lack of conformity of the Product with the Agreement existing at the time of its delivery to the Consumer and disclosed within 2 years from that time, unless the expiration date of the Product is longer.
9.4 A complaint may be submitted by the Customer in any form. You are encouraged to file a complaint using the forms of communication available in Section 1. 3 of the Terms and Conditions.
9.5 In the event of non-conformity of the Product with the Contract, the Customer, being a Consumer, and the Entrepreneur-Consumer shall have the rights set forth in Chapter 5A - Consumer Rights Act (hereinafter: non-conformity of the goods with the Contract).
9.6 If the goods are not in conformity with the contract, the Consumer may demand:
a. its repair. b. or replacement.
The Seller may make an exchange when the Consumer requests a repair, or the Seller may make a repair when the Consumer
Demands an exchange if bringing the goods into conformity with the contract in the manner chosen by the Consumer:
a. is impossible
b. or would require excessive costs for the Seller.
If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into conformity with the contract.
The Seller shall repair or replace the goods at its expense within a reasonable time from the moment the Seller was informed by the Consumer about the non-conformity of the goods with the contract. The Consumer is obliged to make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods at his expense.
9.7 The consumer shall also have the right to make a declaration to reduce the price or withdraw from the Contract
Sales when:
a. The seller will refuse to bring the goods into conformity with the contract;
b. The seller will not bring the goods into conformity with the contract;
c. non-conformity of the goods with the contract continue to occur, despite the fact that the Seller has tried to bring the goods into conformity with the contract;
d. the lack of conformity of the goods with the contract is so significant that it justifies a reduction in price or withdrawal from the contract without first demanding repair or replacement of the goods;
e. the Seller's statement or circumstances clearly indicate that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
9.8 In the case of a declaration of price reduction by the Consumer, the amounts due as a result of the exercise of this right shall be returned to the Customer no later than 14 days from the date of receipt of the declaration by the Seller
Customer about the price reduction. Refunds will be made using the same method of payment that the Customer used when paying for the goods, unless the Customer expressly agrees to a different method of refund.
9.9 If the Consumer exercises his right to withdraw from the contract in the situations referred to in Article 43e paragraph 1 of the Consumer Rights Act, the Customer shall return the goods to the Seller immediately. Any costs associated with the return of goods in the circumstances indicated in the preceding sentence shall be borne by the Seller. The Seller will refund the purchase price within 14 days from the date of receipt of the goods or proof of their return.
9.10. The Seller shall be liable for non-conformity of the goods with the contract existing at the time of delivery and disclosed within 2 years from that time. Customer's claims for non-conformity of goods with the contract shall be time-barred after 6 years from the date of disclosure of non-conformity of goods with the contract. The end of the limitation period is the last day of the calendar year.
9.11. It is recommended that the Customer specify 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 conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant (name and surname, mailing address, telephone number, e-mail address) - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
9.12. The Seller shall respond to the Customer's complaint immediately, but no later than within 14 days of receipt. Otherwise, the complaint is considered to have been accepted by the Seller.
10. out-of-court procedures for handling complaints and asserting claims, and the rules of access to these procedures. We conclude that in the event of a difference of opinion with the customer, it is worth talking and seeking a mutual agreement on an amicable basis. See how we can resolve a possible dispute.
10.1 The use of out-of-court means of dealing with complaints and claims is voluntary. The following provisions are for information purposes and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution. The Seller's statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes is submitted by the Seller on paper or other permanent medium in the event that, following the complaint filed by the Consumer, the dispute has not been resolved.
10.2 The rules for the conduct of procedures for out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately in the law (including, in particular, the Law of September 23, 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities competent to resolve consumer disputes. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures, may be available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection, in particular also at the following web address of the Office of Competition and Consumer Protection
https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection maintains an open register of entities authorized to conduct proceedings for out-of-court resolution of consumer disputes.
10.3 A customer who is a Consumer has the following examples of out-of-court means of handling complaints and claims:
a. The Customer shall be entitled to apply to the permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection, for settlement of a dispute arising from the concluded Sales Agreement.
b. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers).
c. At http://ec.europa.eu/consumers/odr, the European Commission provides a platform̨ for resolving consumer disputes online. The seller does not currently participate in this voluntary alternative dispute resolution procedure.
11 Right of withdrawal (returns).
We know that sometimes consumers want to exercise their statutory right to return. We fully understand this. Please check how quickly and without problems you can withdraw from a contract concluded at a distance with us. customer, who is a Consumer who has concluded a contract at a distance or off-premises, may withdraw from it without giving any reason and without incurring any costs, except those provided by law, within 14 days from the date of taking possession of the purchased Product. The regulations of this section of the Regulations also apply to the Entrepreneur - Consumer, who declares that he exercises his right to withdraw from the contract under the Act of May 30, 2014 on Consumer Rights, as he has entered into a contract directly related to his business activity, and the contract itself is not of a professional nature for him.
11.2 To meet the deadline it is sufficient for the Consumer or Entrepreneur - Consumer to make a statement to the Seller before its expiration. The Consumer or Entrepreneur-Consumer may make any unambiguous statement in which he will inform about his withdrawal from the Sales Agreement.
11.3 A statement of withdrawal from the Sales Agreement may be made using the withdrawal form, the specimen of which can be found under the Terms and Conditions. The statement of withdrawal from the Agreement may be submitted in any form to the data indicated in section 1.3 of the Terms and Conditions, but the use of the
form will help us process your case faster.
11.4 Consumer and Entrepreneur - The Consumer alone bears the cost of returning the Product (the cost of return shipping from the Consumer to the Seller).
11.5 The period for withdrawal from the Sales Contract shall begin from the date of taking possession of the products by the Consumer, the Entrepreneur-Consumer or a third party other than a carrier (proxy) designated by the Consumer, and in the case of a Sales Contract that includes multiple products that are delivered separately, in batches or in parts - from taking possession of the last product, batch or part.
11.6 Consumer and Entrepreneur - Consumer is obliged to return the product to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline it is sufficient to return the product before its expiration. The Consumer may return the product to the address: : GEMKIBO Sp. Z o.o., ul. Nowy Świat 54/56, 00 - 363 Warsaw. NIP: 5253046986. KRS: 0001173836. REGON: 541772560. (hereinafter: Seller).
11.7 Consumer and Entrepreneur - Consumer should secure the returned product in such a way that it is not damaged during transport.
11.8 In the case of effective withdrawal from a remote contract, the contract shall be considered not concluded.
11.9 The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur-Consumer's statement of withdrawal from the contract, return to the Consumer all payments made by the Consumer, including the costs of delivery of the product (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller may refrain from sending the refund until it has received the returned goods or sent us a confirmation of shipment of the package, whichever comes first.
11.10. If the Consumer or Entrepreneur-Consumer exercises the Statutory Right of Revocation, the Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for him.
11.11. If the Consumer or Entrepreneur-Consumer exercises the Statutory Right of Revocation, the Consumer or Entrepreneur-Consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product or due to improper care of the Product or improper packaging of the Product when sending it back to the Seller. The liability of the Consumer or the Entrepreneur-Consumer may include, in particular, the inability to introduce the product for sale as a full-value product, the cost of reattaching tags and security elements to the product, as well as the cost of restoring the Product to a condition that allows its reintroduction for sale on the Online Store, including the cost of examination of the product by a specialist and the cost of removal of defects found as a result of such examination (to the extent that these defects result from the Consumer's use of the product in a manner beyond the necessary to ascertain its nature, characteristics and functioning).
11.12 The statutory right of withdrawal shall not apply to the Consumer and the Entrepreneur-Consumer in the following circumstances:
a. if the 14-day period for informing the Seller about the will to withdraw from the sales contract is exceeded;
b. in situations referred to in Article 38 of the Law on Consumer Rights.
12 Intellectual property rights.
In this section, we indicate what intellectual property rights we protect on our website and what rules you should follow.
12.1 All rights to the Online Store, in particular, property copyrights, intellectual property rights to its name, Internet domain, as well as to the forms, legal documents, logos, trademarks, text, graphics, photos and other content posted by the Seller belong to the Seller, and their use may be carried out only in accordance with the Regulations.
12.2 It is forbidden to copy, duplicate, modify, reproduce or distribute any part of the Online Store, the Service or its elements without the prior written consent of the Seller, except as expressly permitted by the provisions of applicable law and these Terms and Conditions. The Seller may take steps, including through legal proceedings, to protect its own interests and those of the Online Store's Customers.
12.3 The logo and the name of the Online Store registered as a trademark before the Patent Office of the Republic of Poland under the exclusive right number GEMKIBO 0.000000. (Process in preparation for registration) is subject to special legal protection.
12.4 The rights to use, copy and distribute data available on the site are subject to the provisions of the Law on Copyright and Related Rights.
12.5 The use of the data of the Online Store for commercial purposes may be carried out after prior notification to and written consent from the Seller.
13 Data protection.
In this section you can check we take care of your personal data.
13.1 The principles of personal data protection are defined in the document „Privacy Policy”.
13.2 The rules for the use of cookies on the Website are defined in the document „Cookies Policy”.
14 Provisions for non-consumer customers If you have decided to shop in our online store, and you are not a consumer - this part of the terms and conditions is addressed to you.
14.1 This section of the Terms and Conditions and the provisions contained herein apply only to Customers who are not Consumers and Entrepreneurs - Consumers.
14.2 As soon as the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product shall pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, and for the delay in transportation of the shipment.
14.3 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a Consumer is excluded.
14.4 Neither the Seller nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
14.5 Whenever the liability of the Seller, its employees, authorized representatives and/or agents is established, such liability with respect to a Customer who is not a Consumer, regardless of its legal basis, shall be limited - both as part of a single claim and for all claims in the aggregate - to the amount of the Price paid and delivery costs under the last Sales Contract, and shall only cover the real incurred
damage.
14.6 Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
14.7 With respect to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time pursuant to generally applicable laws.
15 Liability, exclusion of seller's liability. If you have decided to shop at our online store, a very important and essential issue is responsibility regarding your broader safety. In this section, we want to focus on the important issue of your awareness of the specifics of the products that are undoubtedly
DIETARY SUPPLEMENTS.
15.1 For us, trust is the basis for building relationships and strengthening our positive image, which motivates us to do more. As a result, in order to share our knowledge and experience, as well as invaluable insights into the world of dietary supplements, we feel and are also obliged to inform you as customers about possible, potential risks.
15.2 GEMKIBO's mission is not just to sell dietary supplements. As a trusted supplier, we have accumulated a wealth of knowledge about dietary supplements and our online store is also a place where, through clear and non-suggestive communication, we want to emphasize why dietary supplements are not just commodities, but require careful design and synthesis strategies.
15.3 We discuss a variety of topics such as the purity of supplements, stability and storage of supplements, potential uses of supplements, solubility of supplements, and other important information that can have a significant impact on sensible supplementation for the sake of your health. Communication of our store website www.gemkibo.pl is also the best place to learn about a number of our unique new products and services,
15.4 All products offered by our online store ie: (Dietary Supplements) are described in each section/category in a clear and transparent manner, what the products offered by the online store www.gemkibo.pl are and what their potential use is. Descriptions of all GEMKIBO brand products, have
descriptive information in the content:
a). Purpose of the product/purpose of use.
b). Content/composition (in the body of the information only in words),
c). Disclaimer, information on the use/or non-use of the product.
d). Disclaimer product information (what the product is not as understood by the law).
e). Product information disclaimer (safety).
15.5 Informational/descriptive content of the product(s) in the online store.
All packaging - individual and bulk - in which GEMKIBO brand products are packaged, have in their typography - graphic design and verbal communication the necessary information that is and/or could be relevant to people shopping at the online store www.gemkibo.pl.
15.6 The products sold by the Seller, the description of the products, and the purpose of the products are the information about which, the customer is always informed before making the purchase(s).
15.7 Having regard to the fact that the seller makes all necessary efforts in matters relating to the safety of persons making purchases in the online store seller:
a). shall not be liable in case of improper use by the Customer and third parties of the Products purchased from the Online Store - especially in case of improper use.
b). The Seller shall not be responsible for any consequences resulting from improper application/use of the Product(s).
c). The Seller shall not be liable for any defects caused by improper handling of the product/products by the Customer and third parties, i.e.: maintaining safety, complying with applicable laws, using the product/products contrary to their intended use.
15.8 Each product/products purchased from the online store has a paper information leaflet prepared from the SDS of the product/products, purchased by the vendor from third parties, responsible parties if necessary.
15.9 The Seller reserves the right to refuse to sell any of the Products in the Online Store (i.e. cancel the order) without giving any reason, while acting in accordance with the law.
15.10 The seller declares that he is only a seller/distributor of the range, product, products in the online store www.gemkibo.pl not the manufacturer/entity responsible for the production and all other issues related to the safety of the product.
Our commitment to the quality and innovation of the GEMKIBO brand has made our trading business one of the best retailers of DIETARY SUPLEMENTS through our specialized online store.
16 Final Provisions.
16.1 The Regulations in version 1.0. come into force on: 01.10.2025.
16.2 The Regulations are available in Polish.
16.3 In matters not regulated by these Regulations, the provisions of generally applicable law shall apply.
16.4 Unless otherwise provided by mandatory provisions of law, the governing law for the resolution of all disputes arising under these Terms and Conditions shall be Polish law.
16.5 In the event that the mandatory regulations of the country of the Customer's habitual residence provide for more favorable conditions for the Customer than the provisions of Polish law and the provisions of these Regulations, the provisions of the law of the country of the Customer's habitual residence shall apply.
16.6 The content of these Terms and Conditions may be subject to change in a situation in which the Seller modifies the manner or scope of its business or as a result of legal changes resulting in the need to supply the Terms and Conditions to the commonly applicable law. The Online Store will inform Users of any changes by posting information on the Online Store website, in the case of Users who have an active Customer Account - in the form of an e-mail message. Each person who receives the aforementioned message will be able to submit a statement of termination of contracts for the provision of electronic services (within no more than 14 days from the date of receipt of the message) implemented on the basis of these Regulations. The provisions of the Regulations in effect at the time of placing the Order shall apply to Orders placed before the amendments to the Regulations became effective.
16.7 © GEMKIBO Sp. Z o.o. All rights reserved. This document is protected by copyright. The author does not permit, without his prior written consent, any use of this document or parts thereof. Violation of the above conditions may result in liability, including criminal liability, as defined in the Act on Combating Unfair Competition, the Criminal Code Act and/or the Copyright and Related Rights Act. In particular, but not exclusively, the author has the right in such a situation to demand the cessation of the unauthorized actions, removal of the effects of the unauthorized actions, reparation of the
of the damage caused, the surrender of unjustly obtained benefits, the making of a single or repeated statement of appropriate content and form.
16.1 The Regulations in version 1.0. come into force on: 01.10.2025.
16.1a. Regulations version 1.0 as amended shall come into force on: 27.01.2026r.
Link to forms.
1 Form: 8a. GEMKIBO Claim Form.
2 Form: 8b. GEMKIBO withdrawal form.
Nutrients and supplements
Health and fitness
Energy and concentration
Beauty
Natural supplements
Adaptogens
For men
For women