I. General provisions
1. These Terms and Conditions define the manner of providing electronic services and sales via the abc-medi.pl Online Shop. The Shop operates under the company ABC-MEDI Sp. z o.o. entered in the Central Registration and Information on Economic Activity under the address: 13/50 Leszka Czarnego-Str., Radomsko, Łódzkie, 97-500, NIP: 7722414565, REGON: 368815760, KRS: 0000705772, hereinafter referred to as the Seller.
2. Contact with the Seller shall be made under:
a. e-mail address: email@example.com;
b. phone number: +48 793 710 902 or +48 42 942 02 03
3. These Terms and Conditions are available on the abc-medi.pl website, so that it always possible to obtain, reproduce and save their content by printing or saving them on a data carrier at any time.
4. The Seller informs that the use of services provided electronically may be associated with the risk for each Internet user, consisting of the possibility of harmful software entering the Customer’s information and communication system and acquisition and modification of their data by unauthorized persons. In order to avoid such risks, the Customer should use appropriate technical means, in particular anti-virus and firewall software.
Specific words used in these Terms and Conditions have the following meaning:
1. Working days – days from Monday to Friday excluding public holidays;
2. Customer – a natural person possessing full legal capacity, a natural person being a sole trader, a legal person or an organizational unit which is not a legal person and which possesses legal capacity based on special provisions, placing an Order in the Online Shop or using other Services available in the Online Shop;
3. Civil Code – Act of 23th April 1964 (Journal of Laws, No. 16, item 93 with subsequent amendments);
4. Account – a part of the Online Shop assigned to a given Customer, by means of which the Customer may carry out certain actions within the Online Shop;
5. Consumer – a Customer who is a consumer in the meaning of Article 22 of the Civil Code;
6. Entrepreneur – a Customer who is an entrepreneur in the meaning of Article 43 of the Civil Code;
7. Terms and conditions – this document;
8. Goods – product presented in the Online Shop, with a description available next to it;
9. Sales Contract – a contract of sale of Goods in the meaning of the Civil Code, concluded between the Seller and the Customer;
10. Services – services provided by the Seller to the Customers electronically in the meaning of the Act of 18h July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204 with subsequent amendments);
11. Consumer Rights Act – the Act of 30th May 2014 on consumer’s rights (Journal of Laws 2014 No. 827);
12. Act on providing services by electronic means – the Act of 18th July 2002 on providing services by electronic means (Journal of Laws, No. 144, item 1204 with subsequent amendments);
13. Order – a declaration of will of the Customer, aiming directly at concluding a Sales Contract, specifying he type and number of Goods
- Delivery of the Goods is limited to the territory of the Republic of Poland and is carried out at the address indicated by the Customer in the course of placing the Order.
- Goods are delivered to the Customer by a courier company.
- The Seller informs the Customer through the description of the Goods in the Shop about the number of working days needed for the execution of the Order and its delivery, as well as about the charges for the delivery of the Goods.
- The period for delivery and execution of the Order is counted in working days in accordance with VI point 2.
- The Seller, according to the Customer’s will, delivers a receipt or an invoice for the Goods together with the Goods.
- If Goods included in the Order have different order execution time, the longest time shall apply to the entire Order.
III. Rules of using the Online Shop
1. The use of the Online Shop is possible under the condition that the computer system used by the Customer meets the following minimum technical requirements:
a. computer or mobile device with access to the Internet,
b. access to electronic mail,
c. Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
2. Using the Online Shop means any action of the Customer which leads to their familiarization with the content of the Shop.
3. In particular, the Customer is obliged to:
a. not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
b. to use the Online Shop in a manner which does not interfere with its functioning, in particular by using specific software or devices,
c. not to take actions such as: sending or placing unsolicited commercial information (spam) in the Online Shop,
d. use the Online Shop in a manner which does not cause nuisance for other Customers and the Seller,
e. to use all content of the Online Shop only for personal purposes,
f. use the Online Shop in a manner compliant with the provisions of the law in force in the Republic of Poland, Terms and Conditions as well as with the general principles of using the Internet.
IV. Procedure of concluding a Sales Contract
1. Information about the Goods given in the Shop, in particular their descriptions, technical and usability parameters as well as prices constitute an invitation to conclude a Contract in the meaning of Art. 71 of the Civil Code.
2. All Goods available in the Online Shop are brand new, free from physical and legal defects and have been legally introduced to the Polish market.
3. The condition of placing an Order is having an active e-mail account.
4. In case of placing an Order via a special form available in the Online Shop, the Order is placed by the Customer at the Seller in electronic form and constitutes an offer to conclude a Sales Contract of the Goods being the subject of the Order. An offer made in electronic form is binding for the Customer if the Seller sends a confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes a Seller’s statement of acceptance of the Customer’s offer. Upon its receipt by the Customer a Sales Contract is concluded.
5. The Sales Contract is concluded in the Polish language and its content is compliant with the Terms and Conditions.
1. Delivery of the Goods is limited to the territory of the Republic of Poland and is carried out at the address indicated by the Customer in the course of placing the Order.
2. Goods are delivered to the Customer by a courier company.
3. The Seller informs the Customer through the description of the Goods in the Shop about the number of working days needed for the execution of the Order and its delivery, as well as about the charges for the delivery of the Goods.
4. The period for delivery and execution of the Order is counted in working days in accordance with VI point 2.
5. The Seller, according to the Customer’s will, delivers a receipt or an invoice for the Goods together with the Goods.
6. If Goods included in the Order have different order execution time, the longest time shall apply to the entire Order.
VI. Prices and methods of payment
1. Prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.
2. The Customer may choose from the following methods of payment:
a. bank transfer to the Seller’s bank account 27 1140 2004 0000 3402 7812 5356 (in this case the execution of the Order shall commence after the Seller has sent the Customer a confirmation of acceptance of the Order, and the Order shall be dispatched immediately after the amount appears in the Seller’s bank account and the Order is completed);
b. electronic payment (in this case the execution of the Order shall commence after the Seller has sent the Customer a confirmation of acceptance of the Order and after the Seller has received information from the payment agent’s system that the payment has been made by the Customer, and the shipment shall be made immediately after the Order is completed).
3. The Seller shall inform the Customer on the Shop’s website about the time limit within which the Customer is obliged to make payment for the Order. In case the Customer fails to make the payment within the period referred to in the previous sentence, the Seller, after an ineffective call for payment and an appropriate deadline, may withdraw from the Contract on the basis of Art. 491 of the Civil Code.
4. Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
5. The entity providing online payment services is Stripe, PayPal, Przelewy24.pl
VII. The right to withdraw from the Contract
1. The Customer who is a Consumer may withdraw from the Contract without giving any reason by making a declaration within 14 days. In order to meet this deadline it is sufficient to send the declaration within it.
2. The Customer may formulate the declaration themselves or use the model declaration of withdrawal from the Contract, which constitutes Appendix No. 1 to the Terms and Conditions.
3. The 14-day deadline is counted from the day on which the Goods were delivered or, in the case of the Contract for the provision of Services, from the date of its conclusion.
4. Upon receipt of the declaration of withdrawal from the Contract by the Consumer, the Seller shall send a confirmation of receipt of the declaration to the Consumer’s e-mail address.
5. The right to withdraw from the Contract by the Consumer is excluded, among others, in the case of: provision of services, if the Seller has performed the service in full with express consent of the Consumer who had been informed that after the completion of service by the Seller he would lose the right to withdraw from the Contract;
b. a Contract whose subject are Goods which are not prefabricated, are produced according to the specification of the Consumer or which serve to meet the Conusmer’s individual needs;
c. a Contract whose subject are Products which after delivery, due to their nature, are inseparably connected with other items;
d. a contract in which the Consumer has explicitly requested the Seller to come to them in order to perform urgent repair or maintenance; if the Seller provides additional services, other than those requested by the Consumer, or supplies Goods other than replacement parts necessary for the performance of repair or maintenance, the Consumers has the right to withdraw from the Contract in relation to additional services or Goods;
6. In the case of withdrawal from the Contract concluded remotely, the Contract shall be considered as not concluded. The items that the parties have provided shall be returned in an unchanged condition, unless the change was necessary in order to determine the nature, characteristics and functionality of the Goods. The return shall take place immediately, no later than within 14 days. The purchased Goods shall be returned to the Seller’s address.
7. The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Contract, return all amounts paid by the Consumer, including the costs of delivery of the Goods. The Seller shall return the paid amount using the same method of payment which was used by the Consumer, unless the Consumer agrees to a different method of refund, and the method of refund shall not be associated with any cost to the Consumer. The Seller may withhold the refund of payments received from the Customer until it receives the returned item or a proof of its return from the Customer, whichever event occurs first, unless the Seller has offered to collect the item from the Customer itself.
8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by him.
9. The Consumer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
VII. Complaints concerning Goods under Seller’s guarantee
1. The Seller undertakes to deliver Goods without defects.
2. The Seller is liable to the Customer being a Consumer under the Seller’s guarantee for defects according to the terms of Art. 556-576 of the Civil Code. In relation to Customers who are Entrepreneurs, the Seller’s guarantee is excluded.
3. Complaints arising from violation of the Customer’s rights guaranteed by law or by these Terms and Conditions should be addressed to: Przedborska 46 A
97-500 Radomsko ABC-MEDI SP. Z O.O., phone number: +48 793 710 902 or +48 42 942 02 03, e-mail: firstname.lastname@example.org .
4. In order to have their complaint processed, the Customer shall send or deliver the respective Goods, if possible, together with a proof of purchase. The Goods should be delivered or sent to the address specified in point 3.
5. The Seller undertakes to examine each complaint within 14 days.
6. In case the complaint needs correcting, the Seller shall call on the Customer to complete it to the necessary extent, immediately, but no later than within 7 days from the date of receipt of the call by the Customer.
VIII. Complaints concerning the provision of services by electronic means
1. The Customer may submit complaints regarding the functioning of the Shop and use of the Services to the Seller. Complaints regarding the provision of services by electronic means should be addressed to: Przedborska 46 A
97-500 Radomsko ABC-MEDI SP. Z O.O., phone number: +48 793 710 902 or +48 42 942 02 03, e-mail: email@example.com .
2. In the complaint the Customer should provide their name, address for correspondence, type and description of the problem.
3. The Seller undertakes to examine every complaint within 14 days, and if this is not possible, to inform the Customer when the complaint will be examined. In case the complaint needs correcting, the Seller shall call on the Customer to complete it to the necessary extent, within 7 days from the date of receipt of the call by the Customer.
IX. Manufacturer’s guarantee
1. The Goods are covered by a manufacturer’s guarantee.
2. In the case of Products covered by a manufacturer’s guarantee, information about the existence and content of the guarantee and the period for which it is granted is presented in the description of the Goods in the Online Shop.
X. Out-of-court complaint and claim settlement methods
1. A Customer who is a Consumer has, among others, the following possibilities to use out-of-court complaint and claim settlement methods:
a. The Customer has the right to apply to the permanent amicable consumer court acting at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Contract;
b. The Customer is entitled to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
c. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, and use free assistance of district (city) consumer ombudsman or a social organization whose statutory tasks include protection of consumers (e.g. Polish Consumer Federation, Association of Polish Consumers). Counselling is provided by the Polish Consumer Federation at the toll-free consumer hotline 800 007 707 and by the Association of Polish Consumers at the email address: firstname.lastname@example.org;
d. The Customer may submit their complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XI. Personal data protection
XII. Final provisions
1. All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, domain name, the Online Shop’s website, as well as to the forms and logotypes belong to the Seller, and they can be used only in the specified manner and in compliance with the Terms and Conditions.
2. Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
3. Any disputes arising between the Seller and a Customer who is an Entrepreneur are settled by a court competent for the seat of the Seller.
4. The provisions of these Terms and Conditions regarding the Consumer’s withdrawal from the Contract and complaints shall apply to a natural person concluding a Contract directly related to their business activity, if it follows from the content of the Contract that it is not of a professional nature for that person, based on the information on the subject of their business activity available in the Central Registration and Information on Economic Activity. The provisions concerning out-of-court settlement of complaints and claims shall not apply.
5. In matters not regulated in these Terms and Conditions, the provisions of the Civil Code, the Act on providing services by electronic means, the Act on consumer’s rights and other relevant provisions of the Polish law shall apply.
6. Each Customer shall be informed of any changes to these Terms and Conditions through information on the home page of the Online Shop containing a summary of changes and the date on which they become effective. Customers who possess an Account shall also be informed of the changes together with their summary at the indicated e-mail address. The effective date of the changes shall not be shorter than 14 days from the date of their publication. If the Customer who possesses an Account does not accept the new content of the Terms and Conditions, they are obliged to inform the Seller about this fact within 14 days from the date of information on the change of the Terms and Conditions. Notifying the Seller of the lack of acceptance of the new content of the Terms and Conditions results in termination of the Contract.
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