Rules

REGULATIONS FOR THE ONLINESTORE

 

The online store www.medicaldepot.eu is run by Bartosz Malinowski running a business under thename BM5 Bartosz Malinowski, ul. Kopijników 73B, 03-274 Warsaw, NIP:762-100-56-06, REGON: 550402652.

Contact with the Store ispossible via email (e-mail): sklep@medicaldepot.pl or by calling: 500 555 505.

 

§ 1

Definitions

 

For the purposes of theseRegulations, the following meanings are taken as follows:

1. Account - an accountcreated by the Buyer in the Store, in which the data provided by the Buyer andthe history of Orders placed by him are collected.

2. Consumer - a naturalperson who concludes a sales contract with the Seller not related directly tohis business or professional activity,

3. Shopping Cart - anelement of the Store's software in which the Products selected by the Buyer arevisible for purchase.

4. Buyer, Service Recipient- a natural person over 18 years of age, a legal person or an imperfect legalperson.

5. Product - a movable itemthat the Buyer can purchase in the Store.

6. Regulations - theseregulations.

7. Shop - an online storeoperating at www.medicaldepot.pl

8. Seller, Service Provider- Bartosz Malinowski running a business under the name BM5 Bartosz Malinowski,ul. Kopijników 73B, 03-274 Warsaw, NIP: 762-100-56-06, REGON: 550402652.

9. Order - Buyer'sdeclaration of intent submitted via the order form and aiming directly atconcluding the Product or Products sale agreement with the Seller.

 

§2

General provisions

 

1. Through the Store, theSeller conducts retail and wholesale sales, while providing electronic servicesto the Buyers. Through the Store, the Buyer may purchase the Products displayedon the Store's website.

2. The Regulations definethe terms and conditions of using the Store, as well as the rights andobligations of the Seller and the Buyer.

3. To use the Store, inparticular to make a purchase in the Store, it is not necessary to meetspecific technical conditions by a computer or other device of the Buyer. Thefollowing are sufficient:

a) access to the Internet,

b) standard operating system,

c) standard internet browser,

d) having an active e-mail address (e-mail).

4. The Buyer may not purchase the Store anonymously orunder a pseudonym.

5. It is forbidden to use the Store to provideunlawful content, in particular by sending such content via forms available inthe Store.

6. The Regulations are an integral part of the salescontract concluded between the Buyer and the Seller.

 

§ 3

Services provided electronically

 

1. Through the Store, the Seller provides thefollowing services to the Buyer electronically:

a) allowing placing Orders,

b) the basket,

c) setting up and maintaining an Account,

d) browsing the content of the Store's website,

e) searching for the content of the Store.

2. The basic service provided electronically to theBuyer by the Seller is to enable the Buyer to place an Order in the Store.Placing an Order is possible without the need to set up an Account in theStore.

3. The use of the Shopping Cart begins with the momentthe Buyer adds the first Product to the Basket.

4. The Shopping Cart service is single-use andterminates when the Order is placed via it or when the Order is firstterminated by the Buyer, in accordance with his will.

5. If the Buyer decides to set up an account in theStore, the Seller also provides the Buyer with an electronic service consistingin creating and maintaining an Account in the Store. The Account stores theBuyer's data and the history of orders placed by him in the Store. The buyerlogs into the Account using his e-mail address (e-mail) and the password he hasdefined.

6. Opening an Account in the Store is done bycompleting the registration form. After entering the e-mail address (e-mail),enter your details. At the moment of sending the registration form, a contractfor keeping an account in the store is concluded between the Buyer and theSeller. The buyer receives a message by e-mail with information about thecreation of an Account. The contract is concluded for an indefinite period, andthe Buyer may terminate the contract with immediate effect at any time bydeleting the account.

7. The Store content browsing service allows the Buyerto view and read the content of the Store.

8. The use of the Store content browsing servicestarts when the Store page is displayed at the Buyer's request. The service isterminated when the Store website is closed in the web browser.

9. The Store content search service allows the Buyerto search for Products available in the Store.

10. The use of the Store content search service beginswhen the "Search" field available on the Store website is filled out.The service is terminated when the search results are closed in the Store's webbrowser.

11. Services are provided electronically to the Buyerfree of charge. On the other hand, sales contracts made through the Store arepaid off

12. In order to ensure the Buyer's safety and transferof data in connection with the use of the Store, the Seller takes technical andorganizational measures appropriate to the degree of security risk of theservices provided, in particular measures to prevent the acquisition andmodification of personal data by unauthorized persons.

13. The use of services provided electronicallyinvolves the risk of infecting the IT system by undesirable software, includingthe one whose only purpose is to cause damage.

14. In order to avoid threats related to unwantedinfections of the IT system, it is recommended to install antivirus software onthe computer used by the Buyer. It is recommended that the antivirus program beconstantly updated as soon as the updates are possible to install.

15. Additionally, it is recommended that the Buyershould have a system firewall running on the computer.

16. Apart from the threats resulting from infectingthe IT system, among the possible threats there are also hacker attacks. TheSeller declares that it applies security measures to prevent or significantlyhinder the hacking of the Buyer's system.

17. The Seller reserves the right to conductmaintenance works of the ICT system that may cause difficulties or prevent theBuyer from using the services.

18. In special cases affecting the security orstability of the ICT system, the Seller has the right to temporarily cease orreduce the provision of services without prior notice and maintenance workaimed at restoring the security and stability of the ICT system.

19. The Seller takes steps to ensure that the Storefunctions properly. The Buyer should inform the Seller about any irregularitiesor interruptions in the functioning of the Store.

20. Any complaints related to the functioning of theStore, the Buyer may submit via e-mail to the following e-mail address:sklep@medicaldepot.pl. In the complaint, the Buyer should provide the name andsurname, correspondence address, as well as the type and date of irregularitiesrelated to the functioning store. The seller will consider any complaintswithin 14 days of receipt of the complaint and will inform the customer aboutits settlement to the e-mail address of the complaining party.

 

§4

Orders

 

1. Orders can be placed inthe following way:

a) via the form available onthe Store's website,

b) via email (e-mail) to theaddress available on the Store's website,

c) by phone to numbersintended for placing Orders, available on the Store's website in the Contacttab.

2. The Buyer may place theOrder as a registered customer or as a guest.

3. A registered customer isa Buyer who has an Account in the Store. The Buyer may set up an Account fromthe "Registration" tab or during placing an Order.

4. In order to place anorder through the form available on the Store's website, the Buyer is obligedto take the following steps:

a) select the Product orProducts that are the subject of the order by clicking the "Add tobasket" button,

b) click the"Next" button from the basket view,

c) log in to your Account inthe Store, set up an Account or choose the option "Order without anaccount" - it does not apply to the Buyer who logged in to his Accountprior to placing the Order,

d) provide the address forshipping Orders and invoice data - if the Buyer has previously added certaindetails to the Account, he may choose these data without having to re-fill orenter other data,

e) then click on the"Go to checkout" button,

f) after displaying theentered data for sending and invoice data, click on the "Next" button

g) choose the deliverymethod,

h) read the Regulations andaccept it - the Buyer accepts the Regulations only if he or she is familiarwith its contents and actually accepts its provisions; acceptance of theRegulations is voluntary, but necessary to place an order,

i) choose the paymentmethod,

j) after clicking"Next" an information will be displayed with a summary of the Ordercontaining the Product name, shipment date, net price and gross price, quantityof ordered Product, final value together with shipping costs, invoice data,shipping data, chosen method of delivery and payment .

k) click on the"Confirm order" button.

5. After submitting theOrder to the email address (e-mail) of the Buyer, a confirmation of receipt bythe Seller of the Order placed by the Buyer is sent. If the implementation ofthe Order is possible, a message will be sent to the e-mail address of theBuyer confirming the acceptance of the Order for execution. Confirmation of theacceptance of the Order is a statement of the Seller about accepting the offer.As soon as the Order is confirmed by the Seller, the Buyer and the Seller shallconclude an agreement regarding this Order.

6. In subsequent messagessent by the Seller to the Buyer at the email address (e-mail), he will informthe Buyer about the receipt of payment, the shipment of the Order or change themethod of payment - if the Buyer has used this possibility.

7. The order can also beplaced by phone from Monday to Friday

(excluding public holidays)from the hours from 8.00 to 16.00 at telephone number 500 555 505 (chargedaccording to the operator's tariff).

8. In order to place an Order, the Buyer provides thedata necessary for the acceptance and execution of the Order, i.e. the name,code and quantity of the ordered Product, name and surname, e-mail address(e-mail), telephone number, delivery address of the Order, selected paymentmethod ( prepayment on the basis of a proforma document or payment on delivery)and, if applicable, invoice details.

9. After the Buyer places the Order via the telephoneand its verification, the Seller shall send to the e-mail address provided bythe Buyer a confirmation of acceptance of the Order.

10. In order to place an Order by e-mail (e-mail), theBuyer provides the data necessary to accept and process the order, i.e. thename, code and quantity of the ordered Product, name and surname, e-mailaddress (e-mail), telephone number , delivery address of the Order, the chosenform of payment (prepayment on the basis of a proforma document or payment ondelivery) and, if applicable, invoice data.

11. In the case of placing orders by e-mail (e-mail)by state offices and institutions or regular customers of the Store (Buyers whohave previously submitted at least 5 Orders in the store) there is apossibility of payment for the Order in the form of a transfer within the timeagreed with the Store .

12. After receiving from the Buyer an Order sentelectronically (by e-mail) and its verification, the Seller shall send to thee-mail address provided by the Buyer a confirmation of acceptance of the Order.

13. Placing an Order by telephone and by e-mail shallconstitute an offer for the Seller to conclude a sales agreement with the Buyerfor the Products being the subject of the Order. Upon confirmation ofacceptance of the Order, the Buyer and the Seller shall conclude an agreementregarding this Order

14. The Seller makes every effort to ensure that thedescriptions for each Product on the Store's website as well as theavailability of the Products are in accordance with the actual state. However,for reasons beyond the control of the Seller, there may be a situation in whichthe product ordered by the Buyer will not be available either in the Seller'swarehouse or its suppliers.

15. In the absence of the ordered Product in thewarehouse or inability to perform the Customer's order for other reasons,including if its purchase from the Seller's suppliers, will not be possibleduring the time provided for the Order, the Seller will inform the Buyer aboutthe situation by sending a message to the indicated by the Buyer's e-mailaddress (e-mail) or provide information by phone to the number indicated by theBuyer. In this case, the order is canceled. Canceling an Order for reasonsspecified in this paragraph may take place no later than by the date of expiryof the order delivery deadline, and if the deadline has not been specified,within 30 days from the date of its acceptance for execution by the Store.

16. In the event that the implementation of a part ofthe Order will not be possible due to the reasons specified in the precedingparagraph, the Seller may propose to the Buyer:

a) cancellation of the entire Order (if this option isselected by the Buyer, the Seller will be released from the obligation toexecute the Order);

b) cancellation of the Order in the part where theperformance is not possible within the prescribed period (if this option isselected by the Buyer, the Order will be executed in part, while the Sellerwill be released from the obligation to implement it in the remaining scope);

c) division of the Order and setting a new deadlinefor the part of the Order, the implementation of which is not possible withinthe originally set time (if this option is chosen by the Buyer, the productsincluded in the Order will be shipped in several separate shipments, and theBuyer will not be he incurred additional costs related to the division of theOrder into several shipments).

17. In the event that the Buyer does not choose any ofthe methods of execution of the Order in the situation referred to in paragraph15 above (including in the event of the lack of possibility to contact theBuyer for reasons not attributable to the Seller), the Seller will provide theBuyer with Products for which the Order can be processed on time, in theremaining scope. The order will be canceled, the Buyer will be notified one-mail address (e-mail) indicated by the Buyer in the order placement process.The cancellation of the Order in the part referred to in the preceding sentencemay take place no later than until the day of expiry of the order executiondate, and if the deadline has not been specified, within 30 days from the dateof its acceptance by the Store. The customer may withdraw from the contract tothe extent to which it was executed.

18. If the Order is canceled, if the payment for theSubject of the Order has been made (in whole or in part), the Seller willrefund the amount paid to the Buyer.

19. In the Order Form, the Buyer must provide truepersonal data. The buyer is liable for providing false personal data. TheSeller reserves the right to suspend the execution of the Order in a situationwhere the Buyer provided false data or if the data raises legitimate doubts ofthe Seller as to their correctness. In this case, the Buyer will be informed byphone or via e-mail about the Seller's doubts. In such a situation, the Buyerhas the right to explain all circumstances related to verifying the veracity ofthe given data. In the absence of data allowing the Seller to contact theBuyer, the Seller will provide any explanations after the Buyer has made contact.

20. The Buyer declares that all data provided by himin the Order form are true, while the Seller is not obliged to verify theiraccuracy and correctness, although he has such permission in accordance withparagraph. 18 above.

21. The Buyer is bound by information contained on theStore's website when the Product is purchased at the time of placing the order,in particular: price, characteristics of the goods, its features, elementsincluded in the kit, date and method of delivery.

22. The information on the Store's website does notconstitute an offer within the meaning of the Civil Code.

 

§5

Payments

 

1. The buyer has thefollowing forms of payment:

a) in the pre-payment mode,that is an electronic transfer, payment at the post office or bank. The titleof the transfer should include the number of the Order and the name and surnamealong with complete address data to which the Order will be delivered.

b) in the "cash ondelivery" mode, i.e. payment on delivery.

2. In the event that thepayment for the Pre-Payment Order does not affect the Store's account within 5business days from the date of confirmation of acceptance of the Order forexecution, the Seller will consider that the Buyer has canceled the purchaseand the Order will be canceled. The store will inform the buyer about thecancellation of the order, the buyer will be able to submit it again.

3. The prices given in thedescriptions of individual Products are expressed in Polish zlotys and includeall their components, including customs duties, VAT and other taxes. Productprices do not include shipping costs. The price change takes place through thepublication of new price offers on the Store website and binds the Store fromthe moment of publication and does not affect the implementation of contractsconcluded as a result of previously placed Orders.

4. The Shop may introducenew Products to the Store's offer, new prices and promotional campaigns, whichdoes not affect the performance of contracts concluded as a result of ordersplaced earlier.

5. The prices of parcels arespecified in the delivery price list, in the "delivery cost" tab onthe Store's website.

6. An exception to § 5 para.5 is the purchase of furniture, whose delivery costs and the duration of theOrder is determined individually between the Buyer and the Seller. The deliveryof furniture does not include unloading from a lorry and bringing it todestinations and assembly.

7. Delivery costs will beplaced on the VAT invoice as a separate item. The customer is informed aboutthe cost of shipment before accepting the order.

8. At the order placed bythe Buyer, whose value is equal to or exceeds PLN 300.00 gross, baskets of shipmentof the goods to the Buyer are not added, provided that:

a) the parcel does notexceed 30 kg,

b) the parcel is not aparcel service.

9. The condition of shipmentof the Order is payment for the Order and shipment.

 

§6

Shipment of goods

 

1. The Seller sends theorder via the mail ordering company (DPD) or "Parcels in Motion".Delivery of the Order on the terms set out in these Regulations is carried outonly in Poland. In individual cases, the Store sends goods within the EU -shipping prices are set individually depending on the size of the package andthe current EUR exchange rate. The store does not send parcels outside the EU.

2. The contract is carriedout:

a) in the case of a prepaidpayment, the Seller sends the Order within 1 to 5 business days from the momentof posting in the Shop account the payment for the Order in the appropriateamount.

b) in the case of a pickup,or payment on delivery, the Seller sends the Order within 1 to 5 working days,from the day in the notification of the Buyer after accepting the Order forexecution,

3. The deadlines for theexecution of the Order shall not include the day on which the Buyer has beeninformed of the acceptance of the order for execution.

4. The implementation of theOrder consists in its preparation for shipment to the Buyer. The order isconsidered completed when the Order is prepared for shipment.

5. If the Order covers morethan one Product, the time of order completion is the longest time indicated inthe description of the Product included in the Order.

6. Delivery takes place nolater than 30 days - except for:

a) furniture,

b) Products manufactured(manufactured) at the Buyer's special order,

c) Products ordered by theSeller on the Buyer's special order, including Products imported from abroad,

about the exact date ofshipment, the Buyer will be informed by the Seller by e-mail or by phone.

 

§ 7

Withdrawal from the consumercontract

 

1. A consumer who hasconcluded a distance contract with the Seller, has the right to withdraw fromthe contract without giving a reason within 14 days from the day of takingpossession of the purchased items.

2. The right to withdrawfrom the contract is not payable in relation to the contract:

a) rendering services if theentrepreneur has fully performed the service with the express consent of theConsumer who has been informed before the provision starts that after theperformance of the entrepreneur he will lose the right to withdraw from thecontract;

b) in which the price orremuneration depends on fluctuations in the financial market, over which theentrepreneur has no control, and which may occur before the deadline towithdraw from the contract;

c) in which the subject ofthe service is a non-prefabricated item, manufactured according to theConsumer's specification or serving to satisfy his individual needs;

d) in which the object ofthe service is an item subject to rapid deterioration or having a shortshelf-life;

e) in which the object ofthe service is an item delivered in a sealed package, which after opening thepackaging can not be returned due to health protection or hygiene reasons, ifthe packaging was opened after delivery;

f) in which the object ofthe service are items which after delivery, due to their nature, areinseparably connected with other things;

3. In order to withdraw from the contract, theConsumer must inform the Seller about his decision to withdraw from thecontract by an unequivocal statement - for example, a letter sent by post, faxor e-mail.

4. The consumer may use the model withdrawal formavailable at the address: medicaldepot.pl/Formularz_odstapienia_BM5.docx,however, it is not obligatory.

5. In order to keep the deadline for withdrawing fromthe contract, it is enough for the Consumer to send information on the exerciseof the right of the Consumer to withdraw from the contract before the deadlinefor withdrawal from the contract.

6. The consumer is obliged to return the product tothe Seller or transfer it to the person authorized by the Seller to receive itimmediately, but no later than 14 days from the date on which he withdrawn fromthe contract. To meet the deadline, it is enough to return the product beforeits expiration

7. The consumer bears the direct cost of returning theitem.

8. In the event of withdrawal from the agreement, theSeller shall return to the Consumer all payments received from the Consumer,including the cheapest available in the Store the cost of delivering products(if the cost covered the Consumer) immediately, and in any case not later than14 days from the day on which the Seller was informed on the exercise of theright to withdraw from the contract. Returns will be made using the samepayment methods that were used by the Consumer in the original transaction,unless the Consumer has explicitly agreed to another solution. In any case, theConsumer will not incur any fees due to the form of payment reimbursement.

9. The Seller may withhold reimbursement of paymentsreceived from the Consumer until receipt of the items back or delivery by theConsumer of proof of its return, depending on which event occurs first.

10. The consumer is liable for the decrease in the valueof the product as a result of using the product in a way that goes beyond whatis necessary to establish the nature, characteristics and functioning of theproduct.

 

§ 8

Responsibility for defects

 

1. The Seller is obliged to provide the Buyer with a Productfree from defects.

2. The Seller is liable to the Buyer if the productsold has a physical or legal defect (warranty for defects).

3. If the product sold has a defect, the Buyer may:

1) demand replacement of the product with one freefrom defects,

2) request removal of the defect,

3) submit a price reduction statement,

4) submit a statement of withdrawal from the contract.

4. If the Buyer finds a defect in the product, heshould inform the Seller about it, at the same time specifying his claim relatedto the defect found or by submitting a statement of appropriate content.

5. The Buyer may use the complaint form available atthe address

medicaldepot.pl/Formularz_reklamacji_BM5.docx,however, it is not obligatory.

6. The Buyer may contact the Seller via bothtraditional mail as well as by e-mail.

7. The Seller will address the complaint submitted bythe Buyer within 14 days from the date of delivery of the complaint by means ofa means of communication with which the complaint was filed.

8. Details of the Seller's warranty for defects aregoverned by the provisions of the Civil Code (Articles 556 - 576).

9. If, when the Buyer receives the Order from thecourier company delivering the delivery, the Buyer notices that the packagingin which the Order has been delivered has visible external signs of damage, isrequested to draw up a damage report in the presence of the courier and send itto the fax number 22 355-23 -67 or a scan to the e-mail addresssklep@medicaldepot.pl

 

§ 9

Personal data and cookies

 

The rules regarding the processing of personal dataand the use of cookies are included in the privacy policy available atmedicaldepot.pl/polityka-prywatnosci.html

 

§ 10

Out-of-court ways to handle complaints and redress

 

1. The Seller agrees to submit any disputes arising inconnection with the sale of goods through mediation. Details will be determinedby the parties to the conflict.

2. The consumer has the opportunity to useextrajudicial methods of dealing with complaints and redress. Among otherthings, the Consumer has the option of:

1) apply to a permanent amicable consumer court with amotion to resolve the dispute arising from the concluded sales contract,

2) ask the provincial inspector of the TradeInspection to initiate mediation proceedings regarding the amicable settlementof the dispute between the Buyer and the Seller,

3) use the help of a poviat (municipal) ombudsman forthe right of the consumer or social organization, whose statutory tasks includethe protection of consumers.

3. For more detailed information on extrajudicial waysof dealing with complaints and redress, the Consumer may search on the websitepolubowne.uokik.gov.pl.

4. The consumer may also use the ODR platform, whichis available at ec.europa.eu/consumers/odr. The platform serves the purpose ofsettling disputes between consumers and entrepreneurs striving for out-of-courtsettlement of a dispute regarding contractual obligations arising from anonline sales contract or a contract for the provision of services.

 

§ 11

Final Provisions

 

1. The Seller reserves the right to enter andcancel offers, promotions and to change the prices of products in the Store,without prejudice to the rights acquired by the Buyer, including in particularthe terms of contracts concluded before the change.

2. The Seller reserves the right to make changesto the Regulations. Contracts concluded prior to the amendment to theRegulations shall be governed by the Regulations in force at the date ofconclusion of the contract.

3. Buyers who have an Account in the Store of anychange to the Regulations will be notified via email (e-mail) assigned to theAccount. If the content of the new Regulations is not accepted, the Buyer hasthe right to terminate the Account maintenance agreement at any time bydeleting the Account or submitting to the Seller an appropriate statement, inany form, about the termination of the account agreement.

4. These Regulations shall apply from 17/04/2018.

5. These Regulations are made available to theBuyer free of charge before concluding an agreement for the provision ofelectronic services and sales contracts. The buyer has the opportunity toobtain, reproduce and consolidate its content at any time.