4TERMS AND CONDITIONS
(hereinafter also: “Regulations”)
These Regulations define the conditions for concluding a Sales Agreement and the rules for using the services provided by the Seller. Whenever the following capitalized phrases are used in the following part of the Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:
a. Price – a specified amount of remuneration due to the Seller for the performance of the Sales Agreement for the Customer;
b. Customer – a natural person with full legal capacity or a legal person or an organizational unit without legal personality, properly represented by a proper natural person who accepts the Regulations;
c. Consumer – a Customer who is a natural person concluding a Sales Agreement with the Seller for purposes not directly related to its business or professional activity;
d. Customer Account / Account – space made available to the Customer as part of the Store in accordance with the Agreement for the Provision of Services, allowing the Customer to use additional functionalities / services. The Customer gains access to the Customer Account using a login and password. The Customer logs in to his Account after registering on the Store’s website
e. Regulations – this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services offered by the Seller through the Store for the benefit of Customers. The Regulations define the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended);
f. Sales Agreement – an agreement concluded with the use of means of distance communication and concerning the delivery of goods by the Seller to the Customer for the payment of the Price;
g. Agreement for the Provision of Services – this document specifying the rules for concluding Sales Agreements and the rules for providing and using free services offered by the Seller via the Store to Customers. This document defines the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended);
h. Store – a platform enabling the conclusion of a Sales Agreement and the provision of services offered by the Seller, run by the Seller;
i. Seller – Medbest Care Sp. z o. o. with its registered office in Marylka, ul. Majowa 22, 05-506 Marylka (Poland), registered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw Warsaw, 14th Commercial Division of the National Court Register under the KRS number 0000597792, NIP 1231309985, REGON 363563443, with a share capital of PLN 50,000.00;
j. Technical Requirements – minimum technical requirements, the fulfillment of which is necessary to use the Store, conclude a Sales Agreement, set out in Appendix No. 1 to the Regulations – Technical Requirements for using the Store;
k. Order – a form made available as part of the Store, specifying the scope of the Sales Agreement and the Customer’s data necessary for the conclusion and performance of the Sales Agreement.
PRINCIPLES OF PROVIDING SERVICES BY ELECTRONIC MEANS
CONCLUSION OF AGREEMENT FOR THE PROVISION OF FREE SERVICES
1. The Seller provides the service free of charge via the Store to enable Customers to place Orders and conclude Sales Agreements, as well as to maintain an Account.
2. In addition, the Seller, for the benefit of Customers who have created a Customer Account, provides the following services through the Store:
a. maintaining the Customer’s session after logging in to the Customer Account (via a browser);
b. storing and making available to the Customer via the Customer Account the history of concluded Sales Agreements;
c. current update of the status of the placed Order;
d. Order history.
3. The Agreement for the Provision of Services is concluded when the Customer successfully completes and accepts (sends to the Seller) the registration form in order to create a Customer Account. The conclusion of the Agreement for the Provision of Services requires acceptance of the Regulations. If the Customer uses the Store without creating an Account and without purchasing Goods, he should comply with the provisions of the Regulations to the extent that he actually uses the services provided by the Seller.
4. Consolidation, security, disclosure and confirmation to the Customer of the relevant provisions of the Agreement for the Provision of Services takes place by e-mail sent to the e-mail address provided by the Customer in the registration form.
5. The Agreement for the Provision of Services is concluded as part of the Store in Polish, for an indefinite period.
6. As part of the Store, the Seller undertakes to provide the above. services, to the extent and under the conditions set out in the Regulations.
7. The condition for using the services indicated above is that the end device and the ICT system used by the Customer meet the minimum Technical Requirements.
8. In order to ensure the proper performance of the Sales Agreement, the Customer is obliged in particular to:
a. provide only true, current and all necessary Customer data in the Order;
b. immediately update the data, including personal data, provided by the Seller’s Customer in connection with the conclusion of the Sales Agreement, to the extent it is necessary for their proper performance;
c. use the Store in a manner consistent with applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in a given scope, including in a way that is not burdensome for other Customers and for the Seller and does not interfere with the work of the Seller or the Store;
d. timely payment of the Price and other costs agreed by the Customer and the Seller.
9. The customer is also obliged to:
a. not to deliver or transfer within the Store any content prohibited by the provisions of applicable law, in particular content infringing the proprietary copyrights of third parties or their personal rights;
b. not to take actions such as:
– sending or posting in the Store unsolicited commercial information or posting any content that violates the law (prohibition of posting illegal content);
– undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers;
– unauthorized modification of the content provided by the Seller, in particular the Prices or descriptions provided as part of the Store;
– abuse of the rights granted to the Customer by the Seller or the law in a way that is contrary to the socio-economic purpose of a given right or the principles of social coexistence.
1. The customer has the right to submit a complaint about the services provided by the Seller at any time.
2. The customer may submit a complaint to the Seller about the services provided by him, in particular in writing or by contacting him by phone or e-mail. In order to expedite the consideration of the complaint, please include in the complaint a brief description of the reasons justifying the complaint and the contact details of the Customer submitting the complaint.
3. The complaint will be considered by the Seller within 14 days of receipt by the Seller of the Customer’s complaint.
RULES OF SALE OF GOODS BY THE SELLER
CONCLUSION AND PERFORMANCE OF THE SALES AGREEMENT
1. The information provided as part of the Store constitutes an invitation to conclude an Agreement within the meaning of art. 71 of the Civil Code, directed by the Seller to the Customers. The conclusion of the Sales Agreement does not require the Customer to have an Account.
2. The Seller enables the Customer to place an Order in the following way, in sequence (technical steps that make up the procedure for concluding a Sales Agreement):
a. Orders can be placed 24 hours a day, 7 days a week;
b. The Customer indicates in the Order form its quantitative parameters, color and size;
c. The customer adds items to the cart
d. The Customer completes the data necessary to place the Order and perform the Sales Agreement (including, in particular, the delivery address);
e. until the Customer launches the functionality marked with the “Buy and pay” message, the Customer has the option of self-correcting the data entered into the Order, in particular editing and correcting them;
f. The Customer submits an Order to the Seller by activating the functionality of the Store marked with the message “I buy and pay”, meaning that the Order placed by the Customer entails the obligation to pay the Price;
g. as soon as the Customer clicks the “Buy and pay” button and submits the Order (Client’s declaration of will to conclude a contract with the Seller), the Sales Agreement is considered concluded;
h. after placing the Order, the Customer will receive an e-mail containing all the essential elements of the Order, which confirms the conclusion of the Sales Agreement.
3. The conclusion of the Sales Agreement takes place via means of remote communication, i.e. the Internet.
4. Consolidation, security, disclosure and confirmation to the Customer of the content of the concluded Sales Agreement takes place by sending the Customer an e-mail containing confirmation of the conclusion of a distance contract within the meaning of art. 21 of the Consumer Rights Act.
PAYMENT AND REFUND RULES
1. The seller offers only cash on delivery payment system.
2. Any acceptable payment methods are presented in the Store (in the Order form and in the Store).
3. The consumer may also agree to a refund using other means of payment than those used in the initial transaction, which will not involve any costs for him.
DELIVERY OF GOODS
1. The shipment is delivered to the address provided by the Customer in the Order.
2. The total waiting time for the Customer to receive the given goods (delivery time) consists of the time of the Order completion by the Seller and the time of delivery of the goods by the carrier. The Order processing time by the Seller is counted from the moment of placing the Order to the moment of sending the shipment containing the goods by the Seller and is up to 5 working days (days from Monday to Friday, excluding public holidays). To the above time, the time of delivery of the goods by a given carrier should be added, which depends on the form of delivery chosen by the Customer and is each time presented as part of the Order form.
3. The costs of delivery of goods are borne by the Customer. Information on the amount of delivery costs is provided each time next to the goods presented in the Store, with the proviso that the Seller may offer the Customer free delivery of goods in selected countries in the selected period.
4. The goods ordered in the Store are delivered only within the territory of the Republic of Poland. The seller may successively extend the range of possible deliveries to other countries as well. Information on delivery restrictions (including the list of countries to which the Seller delivers goods) can be found within the Store.
1. The Seller complies with the legal obligation to deliver goods without defects to the Customer.
2. If the goods received by the Customer are defective, the Customer may exercise the rights granted to him by the Seller under the warranty.
3. The seller is liable to the customer if the goods sold have a physical or legal defect (warranty).
4. If the sold goods have a defect, the Customer may:
– submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective product with a defect-free one or removes such a defect. The reduced price should be in such proportion to the price resulting from the contract, in which the value of the goods with a defect remains to the value of the goods without defects. The customer cannot withdraw from the contract if the defect of the goods is insignificant;
– demand replacement of the product with a defect-free one or removal of the defect. The Seller is obliged to replace the defective goods with goods free of defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer;
with reservations and on the terms set out in the relevant provisions of the Civil Code.
5. If the Customer is a Consumer, he may, instead of removing the defect proposed by the Seller, demand the replacement of the goods with a defect-free one, or instead of replacing the goods, demand removal of the defect, unless bringing the goods into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in compared to the method proposed by the Seller. When assessing the excess of costs, the value of the goods 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 be exposed by a different method of satisfaction.
6. The customer who exercises the rights under the warranty is obliged to deliver the defective goods to the following address: Medbest Care Sp. z o. o., Atlasowa 25, 02-437 Warsaw
7. If the buyer who is a consumer requests replacement of the item or removal of the defect or has made a price reduction statement specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days, it is considered that the request was considered justified.
8. 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 Customer. The claim for removal of the defect or replacement of the product with a product free of defects expires after one year from the date of finding the defect, however, in the case of purchase of the product by the consumer – the limitation period may not end before the expiry of the period referred to in the first sentence.
9. The customer (including the consumer) may submit his claims regarding defects in the goods, in particular by post to the following address: Medbest Care Sp. z o. o., Atlasowa 25, 02-437 Warszawa or via e-mail to the following address: email@example.com Please attach (if possible) proof of purchase of goods (e.g. receipt, invoice) to the complaint. In the complaint, in order to speed up its consideration, please provide the reason for the complaint, the claim made by the Customer and the Customer’s contact details. If the complaint does not contain the information necessary to consider the complaint, the Seller will contact the Customer to obtain it.
10. If, due to a physical defect of the goods, the Customer submitted a declaration of withdrawal from the contract or price reduction, the Seller delivered a defect-free item instead of the defective item or removed the defect, the Customer may demand compensation for the damage suffered by the fact that he concluded the Sales Agreement, not knowing about the existence of the defect, in particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the items, and reimbursement of the expenditures made to the extent that he did not benefit from these expenditures, which does not violate the provisions on the obligation to repair the damage on the principles general.
WITHDRAWAL FROM THE AGREEMENT
1. The consumer has the right to withdraw from the Sales Agreement concluded within the Store for a period of 14 days, without giving any reasons and without incurring any costs other than those provided for by law.
2. The consumer may withdraw from the contract by submitting a statement of withdrawal from the contract to the Seller. Such a statement may be submitted using the model form on withdrawal from the contract (in accordance with the statutory template of the form referred to in Article 30(1) of the Act on Consumer Rights), constituting an attachment to these Regulations.
3. If the Consumer submits a declaration of withdrawal via e-mail, the declaration should be sent to the following address: firstname.lastname@example.org. If the Consumer submits a declaration of withdrawal in writing, the declaration should be sent to the following address: Medbest Care Sp. z o. o., Atlasowa 25, 02-437 Warsaw. To meet the deadline, it is enough to send a statement before its expiry.
4. The 14-day deadline to withdraw from the contract begins in the case of a Sales Agreement – from the moment the Consumer or a third party indicated by him, other than the carrier, takes possession of the goods. If the Sales Agreement covers many goods that are delivered separately, in batches or in parts – from taking possession of the last item (goods), batch or part.
5. In the event of withdrawal from a distance contract, the contract is considered not concluded. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivering the goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.
6. The Seller may, as part of a promotional campaign or a special offer on the terms set out in separate regulations, offer the Consumer to collect the returned goods by the Seller from the Consumer. In other cases, the Seller may withhold the reimbursement of payments received from the Consumer until receipt of the goods back or delivery by the Consumer of proof of sending back the goods – depending on which event occurs first.
7. To the returned goods, please attach (if possible) proof of purchase (e.g. receipt, invoice).
8. If the Consumer chooses a method of delivery of the goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
9. The consumer is obliged to return the returned goods to the Seller or hand over the goods to the person authorized by the Seller to collect them immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller – under separate conditions – offers the Consumer the opportunity to collect them from him returned goods. To keep the 14-day deadline, it is enough to send back the goods before its expiry. Please pack and secure the returned goods so that they are not damaged in transit.
10. Returned goods should be sent to the following address: Medbest Care Sp. z o. o., Atlasowa 25, 02-437 Warsaw
11. The consumer only bears the direct costs of returning the goods, unless the Seller agrees to bear such costs.
12. The consumer is responsible for the reduction in the value of the returned goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning. The Seller reserves the right to claim damages against the Consumer, to the extent permitted by applicable law.
13. In terms of goods offered by the Seller, there are no circumstances in which the Consumer loses the right to withdraw from the contract, and there are no situations specified in art. 38 of the Consumer Rights Act.
1. Personal data of the Store’s Customers in the process of placing an Order will be processed in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data (hereinafter also: “UODO”).
2. The administrator of personal data is the Seller.
3. The data administrator will process Customers’ personal data in order to implement the Sales Agreement, as well as to run the Store and for other purposes to which the Customer has consented or which result from the Customer’s instruction or the contract between the Seller and the Customer.
4. The Administrator may entrust the processing of Customers’ personal data to other entities (subcontractors or business partners), in accordance with the principles set out in the Act of August 29, 1997 on the protection of personal data. The administrator keeps records of persons authorized to process personal data.
5. Customers’ provision of their personal data is always voluntary. However, failure to provide data marked as necessary makes it impossible to place an Order and implement the Sales Agreement.
6. The Store Customer has the right to access their data and to correct them under the conditions set out in generally applicable regulations, in particular in the Personal Data Protection Act.
CHANGE OF THE REGULATIONS / FINAL PROVISIONS
CHANGE OF THE REGULATIONS
1. The Regulations come into force on June 14, 2016 and are available on the Store’s website.
2. The Seller reserves the right to change the Regulations in the event of at least one of the following important reasons (closed catalogue):
a. a change in the law governing the delivery of goods or the provision of services electronically by the Seller affecting the mutual rights and obligations set out in the Sales Agreement;
b. the need to adapt the Seller’s activities to orders, rulings, resolutions or guidelines resulting from:
– a decision of a public administration body competent in the scope of the Seller’s activity or
– a court decision applicable to the Seller’s activity affecting the mutual rights and obligations set out in the Sales Agreement;
c. a change in the manner of providing electronic services by the Seller caused solely by technical or technological reasons (in particular updating the Technical Requirements);
d. changing the scope or rules for the provision of services by the Seller to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by the Seller the existing functionalities or services covered by the Regulations and offered to the Consumer.
3. The amendment to the Regulations does not affect the content and conditions of the Sales Agreements concluded by the Customer.
4. In the event of making changes to the Regulations, the Seller shall provide the consolidated text of the Regulations by publishing it on the Store’s website and by means of a message sent to the e-mail address provided by the Customer.
1. The law applicable to the conclusion of the Sales Agreement is the law of the Republic of Poland, and the courts are common courts in the Republic of Poland, unless otherwise provided by the mandatory provisions of law. Any disputes between the Seller and the Customer who is not a Consumer at the same time, shall be submitted to the court having jurisdiction over the seat of the Seller.
2. The contract with the Customer is concluded in Polish.
3. The choice of Polish law on the basis of the Regulations does not deprive the Consumer of the protection granted to him on the basis of provisions that cannot be excluded by way of an agreement between the Seller and the Consumer, under the law which, in accordance with the relevant regulations, would be appropriate in the absence of choice.
4. The content of the Regulations is available to customers free of charge at the following address: https://medbestshop.eu/regulamin/ , from where customers can view and print it at any time.
5. The goods offered by the Seller are not covered by warranty and after-sales services.
6. The seller has not joined the code of good practice referred to in Art. 2 point 5 of the Act of August 23, 2007 on counteracting unfair market practices.
7. The Seller does not provide the Customers with services covered by remuneration.
8. The customer is not obliged to submit a deposit or provide other financial guarantees.
9. The subject of the Sales Agreement is in no case digital content.
POSSIBILITIES OF USE OF OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
1. The consumer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer arbitration courts.
2. The consumer may apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
3. The consumer may also use the assistance of the poviat (municipal) consumer ombudsman, whose tasks include, among others: providing free consumer advice and legal information in the field of protection of consumer interests and addressing entrepreneurs in matters of protection of consumer rights and interests, or contact a non-governmental organization whose statutory tasks include consumer protection.
TO TERMS AND CONDITIONS OF PURCHASING NIUNIU BY MEDBEST
1. Minimum hardware requirements:
a. processor: x86 1GHz architecture or equivalent in other architectures
b. Operating memory: 512MB
c. Monitor and graphics card: compatible with the XGA standard, minimum resolution 1024×768 16bit
d. Hard Drive: Any operating system capable with a minimum of 100MB free space
e. Mouse or other manipulator + keyboard
f. Network card/modem: enabling access to the Internet at a speed of 512kb/s
2. Minimum software requirements:
a. Operating System: Windows 7 and above, Linux with X.ORG, MacOS 9 and above
b. Mobile platforms: Android and iOS, Web browser: Chrome version min. 22 or Safari min. 6.0
d. Flash Player version 10.0 or higher is required.
APPENDIX NO. 2
TO THE MEDBEST SHOPPING REGULATIONS
(this form should be completed and returned only if you wish to withdraw from the contract)
– Recipient: Medbest Care Sp. z o. o., Majowa 22, 05-504 Marylka (Poland)
– I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following items(*) the contract for the supply of the following items(*) the contract for a specific task involving the performance of the following items(*)/for the provision of the following service (*)
– Date of contract conclusion(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
(*) Delete where not applicable.