TERMS AND CONDITIONS OF THE ONLINE STORE
The online store operating at www.medica-group.pl, run by MEDICA-GROUP LIMITED LIABILITY COMPANY, with its registered seat 43/1 Mikołaja Reja Street, 76-200 Słupsk, entered in the National Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Division of the National Court Register under the number KRS: 0000548311, NIP: 8393178436, REGON: 3610350590, share capital: PLN 5,000.00 paid in full, referred to as "Seller".
You can contact the Seller:
- at our phone numbers: +48 59 728 50 23, +48 519 371 391 (Store's working hours: 8 am - 4 pm on working days, the fee the same as for a regular phone call, according to the tariff package of the service provider the Customer uses),
- on our email – firstname.lastname@example.org.
§ 1 GENERAL PROVISIONS
- The following terms shall have the following meaning:
- REGULATIONS - these rules and regulations,
- CUSTOMER - a natural person, a legal person or an organizational unit without legal personality but with legal capacity, who, under the terms of these Regulations, places an Order in the Online Store,
- ENTREPRENEUR ENTITLED TO CONSUMER RIGHTS - a natural person with the status of an entrepreneur, registered in the CEIDG (Central Registration and Information on Business) register, making an Order in the framework of his business activity, but without relation to the professional nature of this activity. This status applies only to customers with a delivery location or headquarters in Poland
- CONSUMER - a customer - a natural person, using the Online Store for the purpose not directly related to his/her business or professional activity,
- GOODS, PRODUCT - a movable item, available at the Online Store, to which the Sales Agreement applies,
- SALES AGREEMENT- a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, using the website of the Store,
- ONLINE STORE (STORE) - Internet service available at www.medica-group.pl, through which the Customer may place an Order,
- ORDER - a declaration of will of the Customer specifying unambiguously the type and quantity of Goods, aiming directly at the conclusion of the Sales Agreement.
- The core business of the Store is to sell current product assortment and enable the Customer to place Orders for the offered products through the website. The Customer can use the service after registration and login or place an order without the need to log in by correctly completing the Order form. The Store allows you to browse through the assortment on product pages free of charge.
- Sales are made over the Internet between the purchaser as the buyer and the Store as the Seller.
- Each customer purchasing products offered by the Store is obliged to familiarize himself with the content of these Regulations.
- The Store hereby informs that the products it sells are not medical devices and are not intended for medicinal purposes. The Store does not guarantee that anyone will achieve the same or similar outcome as described with each product, the effects associated with the products can vary from person to person. Consult your doctor before taking any new product and be aware that some products may contain ingredients that can have strong effects in the body.
- The Store ensures that all opinions regarding the Products offered in the Store come only from Customers who have purchased the particular Product. For this purpose, the Store restricts access to the Product evaluation form only to Customers who have an active customer account within the Store and on which the purchase of a given Product has been registered in the Order history. Customers who have purchased the Product without registration can rate the product using the evaluation form. Such Customers shall receive a special link as part of the Order confirmation email to access the feedback and evaluating form for the particular Product.
§ 2 TECHNICAL REQUIREMENTS TO PLACE AN ORDER ONLINE
- Technical requirements necessary to use the services of the Store:
- Internet connection,
- a properly configured browser,
- a current, active and correctly configured e-mail account,
- cookies and Java Script enabled,
- a program to read PDF files.
- If the Customer uses hardware or software that does not meet the technical requirements specified above, the Store does not guarantee the correct functioning of the service and stipulates that this may affect the the process of placing the Order.
- The Customer is prohibited from providing content of an unlawful nature, including Products reviews.
- The customer may subscribe to the Store's newsletter - periodic dispatch providing information on Store's products and services. In order to sign up for the newsletter, the Customer shall enter his/her e-mail address in the newsletter form available at the Store's website, and confirm his/her consent to the processing of his/her personal data for this purpose and directing promotional content to the specified e-mail address. The customer may unsubscribe from the newsletter at any time, the customer is requested to submit a statement to unsubscribe via the Store's email: email@example.com or by selecting the unsubscribe link in the email delivered with the newsletter.
§ 3 REGISTRATION
- Registration in the Store is optional and free of charge.
- Registration in the Store takes place on the basis of a properly completed registration form - the Customer provides the necessary identification data (name, surname), e-mail address and password; accepted, current Rules of the Store and submitted statement of consent to process of personal data to the extent necessary for the proper implementation of the Customer's Orders. The Customer can register an account by unchecking the appropriate box while placing the Order. The Customer will be sent a message confirming creating an account to the email submitted during registration. A contract for account maintenance between the Customer and the Store shall be concluded upon receipt of a message confirming registration.
- After registering in the Store, logging in is done using the data provided in the registration form or modified based on a subsequent request by the Customer.
- In order to remove the Customer's account from the Store (termination of the contract), it is necessary to send an e-mail message with a request to remove the account to the e-mail address: firstname.lastname@example.org with the identification data of the Customer currently registered in the Store. The above does not apply to situations in which the Store is in the process of processing an Order placed by the Customer. In such a case, the effect of termination of the contract will occur at the time of execution of the Order in question.
- The Store allows to place the orders without registering or logging into the Store. For this purpose, each time the Customer places an Order, he/she is obliged to fill in an electronic form by entering the data required by the Store necessary for its identification and the conclusion and execution of the Sales Agreement (first and last name, electronic mail address (e-mail), telephone number - optionally, delivery address). The Customer is obliged to accept the current Terms and Conditions and a statement of consent to process personal data for the purposes of the Order. Failure to register with the Store means that the Customer does not have a Customer account, which allows access to automatic tracking system.
§ 4 ORDERS
- Information about the product assortment available at the Store is an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code
- The Customer placing an Order makes an invitation to conclude a sales agreement of the ordered Products at the Store. The ordering process of the Product begins with confirmation of the service provisions through the Product Page. The Customer is informed about the expected lead time of the Order, the availability of the Product, the price and methods of payment, as well as possible delivery options. In order to deliver the product, the Customer is required to provide his/her address or verify it if he/she has previously registered an account. The Customer confirms that he/she has read these Terms and Conditions along with consent to the processing of personal data for the purposes of the Order before placing an order (by using the "order and pay" button).
- The confirmation of the Order acceptance sent by the Store to the Customer’s e-mail address constitutes a statement of acceptance of the invitation mentioned above. If the Customer - before Order confirmation (the "order and pay" button) - terminates the use of a particular service and leaves the Store, the agreement shall not be concluded.
- The Customer making a purchase as an entrepreneur, is required to provide Tax Identification Number when placing the Order, otherwise it shall be assumed that the Customer makes a purchase as a Consumer.
- The Store makes an assessment whether a Customer who is an entrepreneur entered in the register of CEIDG (Central Registration and Information on Business) has the status of an Entrepreneur with the rights of a consumer in an individual case and on the Customer's statements, if any, submitted during Purchase order.
- To place an Order, the Customer is obliged to select products that are available for purchase from the Store: the products ordered, the method of delivery, the method of payment and indicate the delivery address. The selection is made when the Customer clicks: select a product and add it to the cart.
- The Customer may select an unlimited number of products to the Order of the given Product available for purchase, and he/she can review the selected Products after putting them the Cart. If the number of Products is limited, the Store shall provide such information on the product page.
- If the Products covered by the Order are out of stock, at the Store suppliers or for other reasons and it is not possible to fulfill the Customer's Order, the Store shall notify the Customer of this fact within 14 (fourteen) days at the latest, counting from the date of placing the Order. In this case, the Customer has the right to decide whether he/she agrees to carry out the Order within the period proposed by the Store or withdraws from the contract. If it is not possible to carry out part of the Order, as mentioned above, the Customer is informed about the status of the Order and can decide on the order implementation. The customer can select one of the following options:
- partial fulfillment - if the Customer selects this option it shall result in the Order fulfillment concerning only available Products;
- cancellation of the entire Order (withdrawal).
- If the customer withdraws from the contract the Store shall be responsible for issuing a refund of the price paid to the Customer. The notification shall be sent to the e-mail address provided by the Customer in the Order or registration form. If the customer does not make any decision within 7 (seven) days of notification, the Order shall be cancelled per items unavailable.
§ 5 PRODUCT PRICES AND PAYMENT METHODS
- The price displayed for each Product is binding at the time the Customer places the Order. The prices of goods displayed on the Store's website include VAT (if VAT is charged due to the place of delivery of the goods) and do not include delivery costs. The price may include an individually calculated discount or rebate, automatically assigned to the Customer - this information is provided in the summary of the Order.
- The Customers place an order through the Store and then can select the following delivery options:
- courier delivery services (InPost, Pocztex),
- InPost parcel lockers,
- Poczty Polskiej - Polish Postal Service.
Information on delivery costs is available in the ordering process before placing an Order.
- Delivery costs will be included in the prices of the Products depending on the goods ordered and a method of delivery selected by the Customer when placing the Order.
- The Seller provides the Customer with the following methods of payment for the Products:
- Traditional wire transfer,
- Electronic payments via PayPal virtual wallet system - payment service is provided by PAYPAL POLSKA SPÓŁKA Z O.O. KRS: 0000289372, NIP: 5252406419, REGON 14110822500000 with registered office: 53 Emilia Plater St., 00-113 Warszawa, .
- Electronic and credit card payments via PayU - payment service is provided by: PayU S.A. with its seat in Poznan, 60-166 Poznan, 186 Grunwaldzka Str., entered in the register of entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000274399, holding tax identification number NIP 779-23-08-495, with share capital of PLN 6,474,300.00, paid in full; a national payment institution supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under number IP1/2012.
- The cash-on-delivery (COD) payment method is unavailable.
- If the Customer places an Order and selects a payment option other than cash on delivery and the payment for that Order is not credited within fourteen (14) days, the Order shall be canceled. After three (3) working days from the completion of the Order, if the payment is not credited, the Customer will receive a payment reminder email to his/her e-mail address.
- The Order release will take place at the time specified in the confirmation of the Order and previously accepted by the Customer, but no later than within 30 (thirty) days from the date of conclusion of the contract. On the product page, the Store provides information about the expected shipping time of the Order.
§ 6 COMPLAINTS
- The Store is obliged to provide the goods without defects and perform all services in accordance with the concluded Agreement.
- The Store is also obliged to deliver the Goods in accordance with the agreement. The Goods are in the conformity with the agreement if their description, type, quantity, quality, completeness and functionality, and in the case of digital content also compatibility, interoperability and availability of updates, are in accordance with the arrangements made with the Customer under the concluded agreement. Additionally, the Goods must be suitable for their typical use, be delivered in the agreed quantity, have the agreed durability and safety, and, in the case of Goods with digital elements, also the agreed compatibility, and be delivered with the accessories necessary for its use.
- The store is responsible for the conformity of the product with the agreement for a period of 2 years from the date of purchase of Goods.
- The customer can make a complaint if the non-conformity with the agreement is caused by errors during assembly process of Goods by the Store or under its responsibility, or if the non-conformity is occurred due to mistakes in the user's instructions.
- If the Customer discovers the fault in the delivered product or provided services, then the Customer can make a complaint and inform the Store about the faults, document them in order to verify the objections, and indicate whether he or she shall choose between repair and replacement of the faulty goods. A complaint can be submitted by email at email@example.com or in writing to the address of the Store.
- In the case of contracts concluded with Consumers and Entrepreneurs with consumer rights, the Seller is liable under warranty and/or contractual liability for services rendered. It is excluded in relation to the Customer with other status.
- The Store will immediately, but no later than within 14 days from the date of receipt of the complaint, take a position on the complaint and inform the Customer of further proceedings. The Store will immediately notify the complainant of the result of the complaint processing in writing or by e-mail to the e-mail address provided in the complaint application.
- If the complaint is accepted, the Customer will not bear the cost of returning the defective Goods to the Store.
- In case:
- the Store refused to repair or replace the Goods, or failed to bring them into conformity with the contract;
- defect persists despite attempts to repair it;
- defect in the goods is too significant for the Goods to be repaired;
- the Store informed the customer or the circumstances cause it will not be possible to bring the Goods into conformity with the contract within a reasonable time or without excessive cost.
then, the customer may demand a price reduction or withdrawal from the agreement.
- If the Customer withdraws from the contract, all payments made by the customer, including the cost of delivery, will be returned to the customer immediately, but no later than within 14 days from the date the Store notifies the customer of the positive consideration of the complaint. Refunds of payments made by payment card or electronic transfer shall be made to the bank account from which the payment was made, unless the Customer expressly submits another refund instruction prior to the refund, which does not generate additional costs for the customer.
- In the event of a dispute between the Store and the Customer as to the legitimacy of the refusal to take into account the complaint, the Customer who is a Consumer has the right to use out-of-court means of handling complaints and pursuing claims. The Customer can use mediation or conciliation by providing the public body before which the proceedings will be held with the appropriate form - a request for mediation or a request for consideration of the case before the arbitration court. A list of sample public bodies with contact information is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/odr the Consumer has access to resolve consumer disputes electronically through the EU online platform (ODR platform). Such right is not available to the Entrepreneur with consumer rights.
§ 7 RIGHT TO WITHDRAW FROM THE AGREEMENT
- The Customer who is a Consumer or Entrepreneur with consumer rights, may withdraw from the agreement without giving any reason within 14 days from the date of receipt of the shipment. The Customer should make a statement of withdrawal from the contract and return the Goods to the Store. To make a declaration of withdrawal, you can use the withdrawal form included in the appendix to the Terms and Conditions. The deadline is considered to have been met if the Consumer or Entrepreneur with consumer rights sends a statement of withdrawal in writing to the Seller's address or electronically to e-mail: firstname.lastname@example.org, no later than on the last day of the 14-day period. The Seller, upon receipt of a statement of withdrawal sent by email or a letter, will immediately confirm its receipt by sending information to the e-mail address of the withdrawing party. The declaration of withdrawal submitted after the aforementioned deadline does not have legal effects.
- The Goods should be returned in an unaltered and complete state, without traces of use, unless the change was necessary within the limits of ordinary management, i.e. the Consumer or Entrepreneur with consumer rights using the Goods should take in consideration, that it may be necessary to return the purchased items in the future. The Customer shall be liable for any diminished value of the goods resulting from the handling of the Goods other than what is necessary to ascertain the nature, characteristics and functioning of the item. If the returned Goods are incomplete or bear traces of use, resulting from the handling of the Goods other than what is necessary, the Store reserves the right to refuse to accept the shipment or reduce the returned amount by the equivalent of the damaged goods at the Store discretion.
- The right of the Consumer or Entrepreneur on the consumer's right to withdraw from the contract does not apply if the following goods are the subject of the Order, :
- a non-refabricated item, manufactured to the consumer's specifications or intended to meet the consumer's individualized needs;
- an item that is perishable or has a short shelf life;
- an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;
- items which, after delivery, by their nature, become inseparably connected with other things.
- The returned Goods should be sent back within 14 days of withdrawal from the agreement at the latest, together with a statement of withdrawal to the address of the Store's warehouse, i.e. 43/1 Mikołaja Reja Street, 76-200 Słupsk. The Consumer or Entrepreneur with consumer rights shall bear only direct costs of returning the Product to the Store (return costs).
- In the event of withdrawal from the contract, all payments made by the Consumer or Entrepreneur with consumer rights, including delivery costs, will be transferred to the Consumer or Entrepreneur with consumer rights immediately, but no later than within 14 days from the date of receipt by the Store of the statement of withdrawal from the agreement.
- Refund of payments made by payment card or electronic transfer shall be made to the bank account from which the payment was made, unless the Customer expressly submits, prior to the refund, another refund instruction that does not generate additional costs for him (e.g. in the statement of withdrawal).
- The store may withhold reimbursement of payments received from the buyer until it receives the ordered goods back from the buyer or the buyer provides proof of their return, whichever event occurs first.
§ 8 PERSONAL DATA PROTECTION
The provisions concerning the protection of Customers' personal data by the Seller can be found in the Privacy and Cookies Policy posted on the Store's website.
§ 9 FINAL PROVISIONS
- For each Product sold by the Store, a VAT invoice or other settlement document is issued in accordance with applicable tax regulations. The VAT invoice is delivered by email to the e-mail address provided by the Customer or in traditional form together with the delivery of the goods. Acceptance of the Terms and Conditions shall at the same time constitute consent to send invoices by email.
- The applicable law is Polish law. Disputes arising between the Customer and the Seller shall be resolved by the court having jurisdiction over the Seller registered office, with the provision that with respect to Consumers, such disputes shall be resolved before the competent court according to the provisions of civil procedure. The present Terms and Conditions shall be governed by and construed in accordance with the laws of Poland. The present Terms and Conditions do not limit any consumer rights to protection that you may be entitled to under the mandatory laws of your country of residence.
- The Seller reserves the right to change the Terms and Conditions. The Seller will notify registered Customers of the change in the Terms and Conditions by e-mail with the right to terminate the contract within 14 days. Amendments to the Terms and Conditions become effective 14 days after notification. Orders placed before the effective date of changes to these Regulations are executed on the basis of the provisions in force on the date of placing the Order.
Attachment No. 1
WITHDRAWAL FROM A DISTANCE SALES AGREEMENT
............................................. Name, surname, address, telephone number
MEDICA-GROUP Sp. z o.o.
ul. Mikołaja Reja 43/1
of withdrawal from the sales agreement concluded at a distance
I .....................................hereby withdraw from the sales agreement of the following products:
I hereby confirm that I am returning the products in accordance with the Law of 30.05.2014 on consumer rights.
The agreement concerns order no. ...................................................
Goods collection date..................................................................
Bank account number (to which the payment will be returned):
Signature of the Consumer or Entrepreneur on Consumer Rights