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 FORTIS MEDICA Sp. z o. o

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SHOP RULES

 

REGULATIONS - these Regulations for the provision of services and mail order sale, specifying the rules for using the Online Store, services provided by electronic means through it, related to the placing of orders offered by the Seller.

SELLER - there is a Polish branch, Fortis Medica Sp. z o. o. and available at ul. 18. Stycznia 22 87-30 Brodnica, conducting business activity on the basis of sole proprietorship, subject to entry in the Central Register of Economic Activity entered under the NIP number: 874-177-58-79, REGON: 341310825

ONLINE STORE - the Seller's website at https://www.fortisdetox.com, through which the Seller provides electronic services related to mail order sales.

SALE AGREEMENT - means a sales contract concluded remotely, on the terms set out in the Regulations, between the Buyer and the Seller.

GOODS - means a product presented by the Seller via the website of the Online Store, which may be the subject of a Sales Agreement.

BUYER - a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, which the law grants legal capacity, making purchases in Online store.

ACCOUNT - a subpage of the Online Store protected with an individual password, on which information about the Buyer and his orders are collected.

USER - the Buyer who has registered an individual Account in the Online Store.

ORDER - Buyer's declaration of intent clearly specifying the type and quantity of goods, aimed directly at the conclusion of the Sales Agreement.

GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on the protection of data).

§ 2 GENERAL RULES
These Regulations define the rules for using the Online Store available at https://www.fortismedica.com

The condition for placing an Order in the Online Store by the Buyer is to read these Regulations and accept its provisions during the implementation of the Order.

The online store http://www.fortisdetox.com conducts retail sales via the Internet.

All goods offered in the Online Store are brand new, originally packed, free from physical and legal defects, were purchased from authorized entities in accordance with applicable law and are stored under the conditions specified in the relevant regulations. Products in damaged packaging, which are discounted as a result, are marked with an appropriate note in this regard.

These Regulations, all rights and obligations arising therefrom, as well as arising during the implementation of the Order, are subject to Polish law.

As part of the technical requirements necessary for cooperation with the ICT system used by the Seller to make purchases, the Buyer should have an active electronic mail account (e-mail) and a device connected to the Internet.

The buyer is obliged not to provide content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties.

Regulations may change. In the event of a change to the Regulations, the Seller will place on the main page of the Online Store information about the change in the Regulations along with a list of the changes made. Users who have an Account will be additionally notified of the amendment to the Regulations by sending information containing a summary of amendments to the Regulations to the e-mail address assigned to the Account.

§ 3 PLACING AN ORDER
All prices in the Online Store https: //www,fortisdetox.com are gross prices. The given prices do not include shipping costs.

Orders are accepted via the Online Store website / by phone / e-mail.

Orders placed via the Online Store website can be placed 24 hours a day, 7 days a week throughout the year.

The order is effective if the Buyer correctly fills in the order form and (or) correctly provides contact details, including the exact address to which the goods are to be shipped, as well as the telephone number and e-mail address.

If the data provided is not complete, the Seller will contact the Buyer. If it is not possible to contact the Buyer, the Seller has the right to cancel the Order. Which is tantamount to withdrawal from the Sales Agreement.

The condition for concluding the Sales Agreement is the Buyer's acceptance of the Regulations and the Privacy Policy, which is an integral part of the regulations.

In the process of placing an Order, the Buyer may express the will to receive a fiscal receipt or a VAT invoice, which may be attached to the shipment or sent electronically, to the indicated e-mail address in the form of an electronic image of settlement documents, in particular, such as: VAT invoices with attachments, Correcting VAT invoices with attachments and forms. This consent also entitles the Seller to issue and send VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance of December 20, 2012. on sending  invoices in electronic form, the principle of their storage and the procedure for making available to the tax authority or the tax inspection authority.

When placing the Order, the Buyer must consent to the personal data being placed in the Seller's Online Store personal data database for the purpose of processing them - in connection with the execution of the Order. In the event of consent, the Buyer has the right to inspect his data, correct them and request their removal.

The Buyer may use the option of remembering his data by the system in order to facilitate the process of placing another Order. For this purpose, the Buyer should provide the login and password necessary to access his account. The Buyer's login is the e-mail address provided by him. The password is a sequence of characters determined by the Buyer. The Buyer's password is not known to the Seller. The buyer is obliged to keep it secret and protect it against unauthorized access to third parties.

After the Buyer places an effective order, he will receive an automatic reply from the store confirming the receipt of the order.

The start time depends on the method of payment for the Order. In the case of payment by bank transfer to the bank account indicated by the Seller, the execution of the Order begins after the full amount is credited to the Seller's bank account.
In the case of cash on delivery (cash on delivery), and in the case of express electronic payments (including card payments), the Order will be processed within a maximum of three business days.

The Seller refuses to process the Order in the following cases:

The Buyer provided incomplete data, preventing the execution of the Order.

the goods have been withdrawn from the market or suspended in circulation in the territory of the Republic of Poland after placing the order.

The Seller is not able to fulfill the Buyer's Order (incidental incompatibility of stock levels or incidental damage to the goods).

In the cases mentioned in sec. 11 The Seller undertakes to immediately (within 5 working days) from the date of placing the order, to notify the Buyer by e-mail or telephone. If the Buyer has already paid for the Order, the Seller undertakes to return the full amount within 5 working days from the date of placing the order.

§ 4 COSTS AND SHIPMENT TIME
the goods are sent to the address indicated in the Order form or provided by phone or e-mail. The Store will inform the Buyer immediately of an incorrectly completed Order form, which prevents or may delay the shipment.

the goods are delivered by specialized courier companies or via Poczta Polska. It is possible to collect the Order in person at the locations indicated in the purchase form.

The shipment is delivered in accordance with the date specified for each product on the website. This is an approximate delivery time and applies to orders with the "cash on delivery" option. When choosing the payment option "bank transfer" or "payment by card or online transfer", the time of crediting the funds on the store's bank account should be added to the time specified on the website. (usually 1-2 business days). The seller reserves the maximum time of order fulfillment up to five working days.

The buyer is charged for delivery (shipping) specified in the transport price list. The customer can read the price list at any time by clicking on the link (Shipping and payments).

In the event that the Order cannot be delivered correctly and on time due to the fault of the Buyer (wrong address, refusal to accept), the Seller reserves the right to charge the Buyer with the costs of re-transport in accordance with the current delivery price list. Before collecting the parcel from the courier company, the Buyer is obliged to check that the packaging has not been damaged during transport. In particular, pay attention to the condition of the packaging and tapes stuck to the parcel. If the parcel is damaged, you should refuse to accept the parcel, and then contact the Seller via e-mail or by phone to inform about the damaged parcel.

§ 5 PAYMENTS
We issue a fiscal receipt or a VAT invoice for each product sold (after selecting this option in the Order form).

Payment for the ordered goods may be made on delivery (upon receipt of the goods), via electronic payment systems or by transfer to the store's bank account. In the case of personal collection, there is a possibility of payment upon receipt of the Order.

§ 6 COMPLAINTS
The Seller is obliged to sell to the Buyer non-defective goods, with the exception of discounted defective goods that the Buyer ordered knowing about the defect. In the event of non-compliance of the goods with the contract or in the event of irregularities in the provision of electronic services, the Buyer should submit a complaint to the Seller via e-mail (info@fortisdetox.com) or by having an Account in the Online Store in the "YOUR ACCOUNT" tab and then complete the complaint form that appears after clicking the "Add complaint" button.

Until the complaint procedure is closed, it is absolutely necessary to keep all advertised goods intact.

If the goods have a defect, the Buyer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective goods with a defect-free one or removes the defect. This limitation does not apply if the goods have already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the goods with a defect-free one or to remove the defect.

The Buyer may, instead of the removal of the defect proposed by the Seller, demand that the goods be replaced with a defect-free one, or instead of replacing the goods, demand that the defect be removed, unless it is impossible to bring the goods into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the method proposed by the Seller.

The Buyer may not withdraw from the contract under the procedure described in this §6, if the defect is irrelevant.

If the goods sold have a defect, the buyer may also request that the goods be replaced with a defect-free one or that the defect be removed. The Seller is then obliged to replace the defective product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Buyer. The Seller may refuse to satisfy the Buyer's request if it is impossible to bring the defective goods into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing the defective goods into compliance with the contract.

The goods under complaint must be delivered to the Seller together with the completed "Complaint application". We suggest that the parcel with the advertised goods should be labeled with the following information: "COMPLAINT OF THE GOODS". The goods under complaint should be sent or delivered in person to the following address: 18. Stycznia 22 87-300 Brodnica. The Seller does not accept COD shipments.

The Seller will respond to the Buyer's request (complaint) within 14 days from the date of receipt of the request. In the absence of a response by the Seller within the indicated period, it is considered that the request is considered justified.

The goods complained about, sent back by the Buyer for repair (removal of the defect), the Seller immediately after receiving them, sends them to the appropriate service point.

If the complaint is rejected by the Seller, the Buyer may use the help of the municipal or poviat consumer ombudsman, provincial inspectorates of the Trade Inspection or one of the social organizations whose statutory tasks include consumer protection, eg the Consumer Federation. Detailed information on extrajudicial methods of dealing with complaints and redress is available at the offices or on the websites of consumer ombudsmen, provincial inspectorates of the Trade Inspection, relevant social organizations and at the addresses available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl/wazne_adresy .php.

If the complaint is rejected by the Seller, the Buyer may use out-of-court proceedings to resolve the dispute. The entity competent to conduct such proceedings is the Provincial Inspector of Trade Inspection in Białystok, whose website is available at: http://www.bialystok.wiih.gov.pl

Buyers can also take advantage of the EU's online dispute resolution platform. The platform for online dispute resolution between customers and entrepreneurs at the EU level is available at http://ec.europa.eu/consumers/odr/.

§ 8 DATA PROTECTION
The Seller guarantees strict protection of personal data provided by the Buyer and their processing only for the purpose of the contract or for the purposes for which the Buyer has consented, while maintaining the security of personal data specified in the provisions of the Act of August 29, 1997 on the protection of personal data (consolidated text Journal of Laws of 2016, item 922 as amended).

The administrator of personal data of the Online Store operating at https://www.fortisdetox.com is Fortis Medica Sp. z o. o. Magda Chylinska ul. 18. Stycznia 22 87-300 Brodnica. Personal data is archived at the company's office located at:  18. Stycznia 22 87-300 Brodnica
The seller process personal data in order to fulfill the order pursuant to art. 6 sec. 1 lit. b GDPR and that you obtain this data from customers. The Buyer provides the Seller with personal data voluntarily, but being aware that they are necessary to conclude the Sales Agreement.
Personal data is stored in a safe manner for the Buyer for an indefinite period of time, in order to conduct the Online Store's discount policy and for fiscal purposes during the statutory period.
The buyer has the right to rectify, delete or limit processing, as well as the right to object to the processing and the right to transfer his personal data.
The buyer has the right to lodge a complaint with the supervisory body, which is the Inspector General for Personal Data.
The Seller undertakes to observe the confidentiality related to the Buyer's data and not to disclose this data to unauthorized persons. It also undertakes to properly secure this information against access by any unauthorized persons.
The Seller may not use the Buyer's personal data for purposes other than those indicated in the Regulations.
In order to ensure the safety of Buyers, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided.
In matters not covered by these regulations, the provisions of the Civil Code and relevant acts of Polish law, as well as European Union law, in particular the GDPR, shall apply.

 

 

 

 

 

§1 Definitions

 

1. Personal Data Administrator:

Agniszka Dębek
ul. January 18 22
87-300 Brodnica
NIP: 8741775879
Regon: 0000429185

2. Postal address - name and surname or name of the institution, location in the city (in the case of a city divided into streets: street, building number, apartment or flat number; in the case of a city not divided into streets: city name and property number), zip code and town.

3. Complaint address:

Fortis Medica Sp. z o. o
ul. 18. January 22
87-300 Brodnica

4. Delivery price list - available at fortisdetox.com

 

5. Contact details:

Fortis Medica Sp. z o. o
ul. 18. January 22
87-300 Brodnica
e-mail: info@fortisdetox.com
phone: +48 695 432 300

6. Personal data - any information relating to an identified or identifiable natural person. Information is not considered to enable the identification of a person if it would require excessive costs, time or activities.

7. Sensitive data - these are personal data containing information about racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or union affiliation, as well as data on health, genetic code, addictions, sex life, convictions, judgments on punishments and fines, as well as other judgments issued in court or administrative proceedings.

8. Delivery - the type of transport service along with the carrier and cost specification, listed in the delivery price list at dobre-suplementy.pl/dostawa

9. Proof of purchase - an invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws. The invoice is sent via the Internet.

10. Product card - a single subpage of the store containing information about a single product.

11. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but having legal capacity, making a purchase from the Seller directly related to its business or professional activity.

12. Civil Code - the Civil Code Act of April 23, 1964, as amended.

13. Code of Good Practice - a set of rules of conduct, in particular ethical and professional standards referred to in Art. 2 pt. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.

14. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity.

15. Cart - a list of products made of the products offered in the store based on the Buyer's choices.

16. Buyer - both the Consumer and the Customer.

17. Place of issue of goods - postal address or collection point indicated in the order by the Buyer.

18. Moment of handing over the item - the moment when the Buyer or a third party indicated by him for collection takes possession of the item.

19. ODR internet platform - an EU website operating on the basis of   Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending the regulation ( EC) No 2006/2004 and Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr

20. Payment - method of payment for the subject of the contract and delivery, listed at dobre-suplementy.pl/platnosc

21. Authorized entity - an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.

22. Privacy policy - rules for the processing of Buyers 'personal data by the Personal Data Administrator, Buyers' rights and obligations of the Data Administrator, which can be found at: fortisdetox.com

23. Consumer law - the Consumer Rights Act of May 30, 2014.

24. Product - the minimum and indivisible number of items that may be the subject of the order, and which is given in the Seller's store as a unit of measure when determining its price (price / unit).

25. Subject of the contract - products and delivery being the subject of the contract.

26. Subject of the service - subject of the contract.

27. Collection point - the place of delivery of the item, which is not a postal address, listed in the list provided by the Seller in the store.

28. UOKiK Register - a register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at:  https://uokik.gov.pl/rerezent_podmiot_uprawNYCH.php

29. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC

30. Thing - a movable item that may be or is the subject of the contract.

31. Store - website available at dobre-fortisdetox.com, through which the Buyer may place an order.

32. Seller:

Fortis Medica sp. Z oo
ul. 18. January 22
87-300 Brodnica
NIP: 8741775879
Regon: 341310825

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33. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.

34. Completion date - the number of hours or working days specified on the product card.

35. Agreement - an agreement concluded outside the entrepreneur's premises or at a distance within the meaning of the Act on consumer rights of May 30, 2014 in the case of Consumers and a sales contract within the meaning of Art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.

36. Defect - both a physical defect and a legal defect.

37. Physical defect - non-compliance of the item sold with the contract, in particular if the item:

a.it has no properties that this kind of thing should have due to the purpose specified in the contract or resulting from circumstances or destination;

b.does not have properties that the Seller has provided to the Consumer,

c. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such an intended use;

d. was delivered to the Consumer incomplete;

e. in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;

f. it does not have the properties provided by the manufacturer or its representative or the person who places the item on the market within the scope of his business activity, and the person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as the manufacturer, unless the Seller knew these assurances or, judging reasonably, could not know or could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected prior to the conclusion of the contract.

38. Legal defect - a situation where the item sold is owned by a third party or is encumbered with the right of a third party, and also if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.

39. Order - the Buyer's declaration of intent made through the store, clearly specifying: the type and quantity of products; type of delivery; payment method; the place of delivery of the goods, the Buyer's data and aiming directly at the conclusion of the contract between the Buyer and the Seller.

 

 

§2 General conditions

1. The contract is concluded in Polish, in accordance with Polish law and these regulations.

2. The place of handing over the item must be on the territory of the Republic of Poland.

3. The Seller is obliged and undertakes to provide services and deliver goods free from defects.

4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.

5. All dates are calculated in accordance with Art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.

6. Confirmation, disclosure, consolidation, securing of all essential provisions of the contract in order to gain access to this information in the future takes the form of:

a.confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information on the right to withdraw from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to download the regulations and withdrawal template contracts;

b. attaching to the completed order, sent to the indicated place of issue of the printed items: proof of purchase, information on the right to withdraw from the contract, these regulations, a model withdrawal form.

7. The Seller informs about known guarantees granted by third parties for products in the store.

8. The Seller does not charge any fees for communicating with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling distance communication.

9. The Seller provides the Buyer using the system with the correct operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on the screens with a horizontal resolution above 1024 px. Using third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the good-suplementy.pl store, they should all be turned off.

10. The buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The buyer can view, correct, update data and delete the account in the store at any time.

11. The Seller adheres to the code of good practice.

12. The Buyer is obliged to:

a.not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,

b. use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,

c. refraining from actions such as: sending or posting unsolicited commercial information (spam) within the store,

d. use the store in a way that is not inconvenient for other Buyers and for the Seller,

e. use of any content included in the store only for personal use,

f. use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.

 

 

§3 Conclusion of the contract and implementation

1. Orders can be placed 24 hours a day.

2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:

a.Adding a product to the basket;

b. choosing the type of delivery;

c. choosing the type of payment;

d. choosing the place of handing over the item;

e. placing an order in the store by using the "Buy and pay" button.

3. The conclusion of the contract with the consumer takes place at the time of placing the order.

4.The implementation of the Consumer's order payable on delivery takes place immediately, and the order payable by bank transfer or via the electronic payment system after the Consumer's payment is credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the obligations under not his fault and informed the Seller about it.

5. The conclusion of the contract with the Customer takes place upon the acceptance of the order by the Seller, about which he informs the Customer within 48 hours of placing the order.

6. The execution of the Customer's order payable on delivery takes place immediately after the conclusion of the contract, and the order payable by bank transfer or via the electronic payment system after the contract is concluded and the Customer's payment is credited to the Seller's account.

7. The execution of the Customer's order may depend on the payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the consent of the Seller to send the order on delivery (payable on delivery).

8. The subject of the contract is sent within the time limit specified on the product card, and for orders composed of many products, the longest date specified in the product cards. The time limit begins with the completion of the contract.

9. The purchased subject of the contract, together with the sales document selected by the Buyer, is sent with the type of delivery selected by the Buyer to the place of delivery of the item indicated by the Buyer in the order, along with the attached attachments referred to in §2 point 6b.

 

 

§4 The right to withdraw from the contract

1. The consumer is entitled, pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.

2. The deadline to withdraw from a distance contract is 14 days from the delivery of the item, and it is enough to send a statement before its expiry to meet the deadline.

3. The declaration of withdrawal from the contract may be submitted by the Consumer on the form, the specimen of which is attached as Annex 2 to the Consumer Law, on the form available at dobre-supplements / return-form or in any other form consistent with the Consumer Law.

4. The Seller shall immediately confirm to the Consumer by e-mail (provided at the time of concluding the contract and another, if provided in the submitted statement) receipt of the declaration of withdrawal from the contract.

5. In the event of withdrawal from the contract, the contract is considered void.

6. The consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.

7. The consumer sends back the items being the subject of the contract from which he withdrew at his own expense.

8. The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not consent to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of giving such consent or the entrepreneur has not provided confirmation in accordance with Art. 15 sec. 1 and art. 21 sec. 1. Consumer law.

9. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

10. The Seller shall immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him / regarding the goods purchased by him, and if the shipment returned to the Seller due to the Consumer not collecting it, a refund the amount paid will be reduced by the cost of returning the shipment to the Seller.

11. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.

12. The Seller may withhold the reimbursement of the payment received from the Consumer until the item is returned or the Consumer provides proof of its return, depending on which event occurs first.

13. The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:

a. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;

b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

c. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;

d. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;

e. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

f. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;

g. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;

h. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

 

 

§5 Warranty

1. The Seller, pursuant to Art. 558§1 of the Civil Code completely excludes liability to customers due to physical and legal defects (warranty).

2. The Seller is liable to the Consumer under the terms of Art. 556 of the Civil Code and subsequent ones for defects (warranty).

3. In the case of a contract with a Consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk passed on to the Consumer.

4. The Consumer, if the item sold has a defect, may:

a.make a statement requesting a price reduction;

b. submit a declaration of withdrawal from the contract;

unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.

5.The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item with a defect-free one or, instead of the replacement of the item, request the removal of the defect, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the proposed method. by the Seller, while assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.

6. The consumer may not withdraw from the contract if the defect is irrelevant.

7. If the item sold has a defect, the Consumer may also:

a.demand that the item be replaced with one that is free from defects;

b. demand that the defect be removed.

8. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Consumer.

9. The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing the defective item into conformity with the contract.

10.If the defective item has been installed, the Consumer may request the Seller to disassemble and reinstall it after replacing it with a defect-free one or removing the defect, but is obliged to bear some of the related costs exceeding the price of the item sold or may demand payment from the Seller. part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.

11. The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the expense of the Seller to the complaint address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the in which the thing is. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the goods at the expense and risk of the Seller.

12. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.

13. The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.

14. The Seller, within fourteen days, will respond to the provisions based on Art. 5615 of the Civil Code: statements about a request for a price reduction, requests to replace the item with one free from defects, requests to remove the defect. The Seller, within thirty days (Article 7a of the Consumer Law), will respond to any other Consumer's statement that is not covered by the fourteen-day period specified in the Civil Code.

Otherwise, it is considered that he considered the Consumer's statement or request justified.

15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.

16. The Consumer's claim for the removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the moment the item is delivered to the Consumer.

17. In the event that the use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.

18. Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item with a non-defective one or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.

19. In the event of an investigation before a court or an arbitration court for one of the rights under the warranty, the time limit for the exercise of other rights due to the Consumer in this respect is suspended until the final conclusion of the proceedings. The same applies to mediation proceedings, but the time limit for the exercise of other warranty rights due to the Consumer begins to run from the date of the court refusing to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.

20. To exercise the rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, however the period starts from the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of an action of a third party - from the date on which the judgment issued in a dispute with a third party becomes final.

21. If, due to a defect in the item, the Consumer submitted a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered because he concluded the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible. liability, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent that they did not benefit from them, and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.

22. The expiry of any time limit for finding a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.

23. The Seller, if he is obliged to provide or provide financial services to the Consumer, will perform them without undue delay, no later than the period provided for by law.

 

 

§6 Privacy policy and personal data security

1. The Personal Data Administrator is responsible for the lawful processing of personal data, and the rules for collecting, processing and storing personal data, as well as the Buyer's rights related to his personal data.

2. The Personal Data Administrator processes the personal data of the Buyers on the basis of consent and in connection with the legitimate interests of the Seller.

3. The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.

4. The consent of the Buyer to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.

5. For the purposes of the Buyer's order, the following personal data is collected:

a. postal address - necessary to issue a proof of purchase;

b. place of delivery of the item - necessary to address the parcel;

c. e-mail - necessary for communication related to the implementation of the order;

d. telephone number - necessary in the case of selecting certain types of delivery

6. Detailed solutions for the protection of personal data related to placing an order, but also using the store before and after placing an order, are included in the privacy policy.

7. The entity providing online payment services is PAYPAL and PAYU

 

§7 Payment methods

  1. The entity providing online payment services by electronic means is PAYU and PAYPAL

  2. Available payment methods that can be used to make payment:

    Credit cards:
    * Visa
    * Visa Electron
    * MasterCard
    * MasterCard Electronic
    * Maestro
     

  3. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.

  4. If the customer chooses the method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.

 

 

§8 Final provisions

1. Nothing in these regulations is intended to infringe the rights of the Buyer. It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.

2. Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.

3. The current version of the regulations is always available to the Buyer in the regulations tab (good-supplements / regulations). During the execution of the order and throughout the entire period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except when the Consumer finds it less favorable than the current one and informs the Seller about the selection of the current one as binding.

4. In matters not covered by these regulations, the applicable legal provisions shall apply. Disputes, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those listed in the UOKiK register. The seller declares his intention and agrees to an out-of-court resolution of the consumer dispute.

As a last resort, the matter is resolved by the local and material court.

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