Terms and conditions of shopping

Regulations for the use of the website and general terms and conditions for the provision of services by Medikapoland.pl

§1 General Information

The owner of the online store operated under the domain medikapoland.pl is Łukasz Chabros conducting business activity under the name Medika Łukasz Chabros, 47 Potokowa Street, 54-105 Wrocław, Lower Silesia Province, NIP: 894-262-22-66, REGON: 020366777, registered in the Central Register and Information on Business Activity supervised by the Ministry of Entrepreneurship and Technology, e-mail address: kontakt@medikapoland.pl, telephone contact +48 794-151-415.
These Regulations are addressed to both consumers and non-consumers using the Store, with the exception of §10 of the Regulations, which is addressed exclusively to non-consumers.
The administrator of the personal data processed in connection with the execution of the provisions of these Regulations is medikapoland.pl. Personal data are processed for the purposes, to the extent and based on the principles indicated in the Privacy and Security Policy published on the Store's website. Providing personal data is voluntary. Each person whose personal data is processed by medikapoland.pl has the right to inspect the contents of the data and the right to update, correct them, the right to delete the data commonly known as the "right to be forgotten", the right to transfer the data.
Definitions:
Medikapoland.pl - the owner of the Store specified in §1 item 1.
Store - an online platform operating under the domain medikapoland.pl.
Regulations - a document defining the rules for the use of the Store, general conditions, terms and manner of providing services, including services electronically by medikapoland.pl.
Business day - one day from Monday to Friday excluding public holidays.
Customer - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with medikapoland.pl and uses or intends to use at least one Electronic Service.
Civil Code - Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
Registration form - a form available in the Store that allows you to create an Account.
Order Form - Electronic Service, an interactive form available in the Store that allows you to place an Order, in particular

by adding the Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including payment.

Account - Electronic Service, marked with an individual name (login) and password provided by the Customer. The Customer, upon creation of the Account, becomes the sole owner of the access data to the Account.
Newsletter - an electronic distribution service provided by medikapoland.pl via e-mail, which enables all Customers using it to automatically receive from medikapoland.pl cyclic content of successive editions of the newsletter containing information about services, news and promotions in the Store.
Product - a movable item available in the Store which is the subject of a Sales Contract between the Customer and medikapoland.pl.
Sales contract - a contract of sale of a Product concluded or entered into between the Customer and medikapoland.pl through the Store.
Electronic service - a service provided electronically by medikapoland.pl to the Customer through the Store.
Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
Order - a declaration of will of the Customer submitted via the Order Form and aimed directly at concluding a Sales Contract with medikapoland.pl.
Customer Panel - an area in the Store where the Customer, after setting up an Account, can obtain information about orders in progress, gains access to order history, the ability to change the password, personal data and other additional information provided by the Customer.

§2 Electronic services provided by Medikapoland.pl

The Customer shall be obliged to use the Store in a manner consistent with the law and good practice, taking into account respect for personal rights and copyrights and intellectual property rights of medikapoland.pl and third parties. The Customer is obliged to enter data in accordance with the actual state of affairs. The customer is obliged to prohibit the delivery of unlawful content.
Complaints related to the provision of electronic Services by medikapoland.pl and other complaints related to the operation of the Store (excluding the Product complaint procedure, which is presented in §7 of the Terms and Conditions), the Customer has the right to submit in writing (by mail) to the following address: Medika Łukasz Chabros, 47 Potokowa Street, 54-105 Wrocław, Lower Silesia Province, or in electronic form via e-mail to: kontakt@medikapoland.pl. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by medikapoland.pl. Require

he instructions given in the preceding sentence are only in the form of a recommendation and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint. Medikapoland.pll shall respond to the complaint immediately, no later than within 14 calendar days from the date of its delivery or receipt at the electronic mail address.3. Medikapoland.pl provides the following electronic Services to the Customers in the Store:

Account - the establishment and use of an Account is possible after a total of two consecutive steps have been performed by the Customer - (1) filling out the Registration Form with correct, factually correct data, (2) clicking the "Create an Account" field, and then "Register". In the Registration Form, it is necessary for the Customer to provide the following data: electronic mail address (e-mail), password, first name and last name. Providing the data is voluntary, but necessary to use the electronic Service provided. The service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason to delete the Account (resignation from the Electronic Service) by sending an appropriate request to medikapoland.pl, in particular via e-mail to: kontakt@medikapoland.pl or in writing (by mail) to the address: Medika Łukasz Chabros, 47 Potokowa Street, 54-105 Wrocław.
Inquiry Form - any contact form made available in the Store, a service made available by medikapoland.pl free of charge, giving the possibility to submit an inquiry regarding the offer and content made available in the Store. Submitting an inquiry through the Inquiry Form is voluntary. In order to use the form, it is necessary to complete all required fields, i.e. to provide data necessary to perform the service, different depending on the selected form, but necessary to provide an appropriate response. The data provided will be processed in accordance with the Privacy and Security Policy provided in the Store. By using the Inquiry Form, the Customer consents to the processing of his personal data contained in the form in order to receive an answer to the question asked.
Order form - a service provided free of charge, has a one-time nature and is terminated when the Order is placed through it or when the Customer stops placing the Order through it earlier.
Newsletter - use of the Newsletter electronic service is made by checking the appropriate checkbox (field) during the establishment of the Account, then upon the establishment of the Account the Customer is enrolled in the list of subscribers to the Newsletter service, or at any other time during the Customer's browsing through the content of the Store, when he/she expresses the desire to subscribe to the Newsletter service by entering his/her electronic mail address (e-mail)

in the place designated for this purpose and approval with the "Save" button. Service provided free of charge for an indefinite period of time. The Client has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter service (resign from the Electronic Service) by sending an appropriate request to domedikapoland.pl, in particular via e-mail to: kontakt@medikapoland.pl or in writing to the address: Medika Łukasz Chabros, 47 Potokowa St., 54-105 Wrocław, or through the link (click on the link) placed in each electronic message sent through the Newsletter service. Using the Newsletter service, i.e. correctly subscribing the Customer's electronic mail address (e-mail) to the list of subscribers gives the Customer the right to receive information: advertising, promotional, informative in the scope of the Store's operations. By using the Newsletter electronic service, the Customer agrees to receive the content specified in the preceding sentence.4.. Technical requirements recommended for cooperation with the IT system used by medikapoland.pl: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) web browser: Mozilla Firefox version 50.0 or higher, Internet Explorer version 11.0 or higher, Opera version 35.0 or higher, Google Chrome version 48.0. or higher, Safari version 10.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.

§3 Sales contract and terms and conditions of its conclusion

Before concluding a Sales Contract, the Customer may contact medikapoland.pl by e-mail, at medikapoland.pl e-mail address, in order to determine individualized features of the Product. Following the determination of the individualized features of the Product, it is added to the offer on the Store's website and made available to the Customer, in order to conclude the Contract of Sale in accordance with §3 item 4 of the Regulations.
The conclusion of the Contract of Sale between the Customer and medikapoland.pl takes place after the Customer places an order via the Order Form in the Store.
The price of the Product shown in the Store is given in Polish zloty and includes taxes (gross price). The Customer is informed about the total price including taxes of the Products being the subject of the Order, as well as about possible other additional charges, and when the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed on the Store website while placing the Order, including at the moment of expressing the Customer's will to be bound by the Contract of sale with medikapoland.pl.
The procedure for concluding a Sales Contract in the Store using the Order Form: (1) conclusion of the Sales Agreement between the Customer and med

The Order is placed by medikapoland.pl after the Customer places the Order in the Store via the Order Form (2) following the placement of the Order medikapoland.pl immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by medikapoland.pl sending the Customer a relevant electronic message to the Customer's electronic mail address (e-mail) provided during the Order placement process. The message sent by medikapoland.pl includes at least a statement by medikapoland.pll that the Order has been received and accepted for execution, as well as confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above message, the Contract of Sale between the Customer and medikapoland.pll is concluded.5. The content of the Contract of Sale is recorded, secured and made available to the Customer by (1) making these Regulations available on the Store's website and (2) sending the Customer an electronic message to the electronic mail address (e-mail) referred to in §3 item 4 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the medikapoland.pl IT system.6. medikapoland.pl reserves the right to change the status of the Customer's order to: cancelled, resulting in its rejection in the medikapoland.pl IT system and lack of execution of this order in a situation when the Customer, despite having correctly placed the Order, does not pay the amount due (gross order amount) within 5 working days counting from the day following the day of placing the order (the day of placing the order is a zero day). The above situation applies only if the Customer has chosen a payment method as prepayment: payment by bank transfer to a bank account or electronic payment. The customer will be informed of the change in the status of the order by e-mail to the indicated e-mail address. The above action does not cause any other negative consequences for the Customer. The customer has the option to re-submit the order or contact medikapoland.pl in order to complete the order already placed.

§4 Effective form of contact

Medikapoland.pl provides an effective form of contact:
Electronic - by sending an electronic message to the e-mail address kontakt@medikapoland.pl.
Electronic - by sending an inquiry via the Inquiry Form made available from https:// medikapoland.pl/contact.
In writing (by correspondence) to the address: Medika Łukasz Chabros, 47 Potokowa St., 54-105 Wrocław.
The Customer, after creating an Account, has the option to update his/her data by sending a relevant request to the electronic mail (email) address: kontakt@medikapoland.pl or by making the change himself/herself in the Customer Panel.
Electronic notification regarding cancellation of the Service

electronic mail should be made from the electronic mail address (e-mail) provided during Account creation or from the address updated at a later time and made available in the Customer Panel.4. The Customer may change the electronic mail address (e-mail) provided during Account creation by sending a request to medikapoland.pl or independently in the Customer Panel.

§5 Form, method and date of payment

Medikapoland.pl provides Customers with the following methods of payment for the Sales Contract:
Payment by bank transfer to the bank account of medikapoland.pl.
Electronic payment via DotPay payment system.
Electronic payment via PayU payment system.
Payment on delivery, then the payment for the Order is paid to the employee of the courier company upon delivery of the parcel containing the ordered Products. The payment, through the courier company, is then transferred to medikapoland.pl.
Medikapoland.pl, as well as the payment systems made available by Medikapoland.pl, do not charge the Customer with additional costs of payment processing, however, the Customer, depending on his/her own preferences and choice of payment processing entity, in particular: bank, savings and credit union, Polish Post Office or other type of establishment may charge the Customer with commission or other additional costs for payment processing.
A VAT invoice or receipt is issued for each Order.

§6 Cost, method and date of delivery, order processing

Medikapoland.pl provides the Customer with the following forms of delivery:
Electronic - no territorial restrictions on the execution of the Order.
Correspondence - available in the territory of the Republic of Poland.
Stationary - personal collection in the stationary store medikapoland.pl in Wroclaw, Lower Silesia province.
Depending on the form of delivery chosen, the Customer shall bear the cost of delivery of the Product or Products:
Electronic - delivery is free of charge.
Correspondence - delivery is chargeable, however medikapoland.pl has the right in certain cases to reduce the cost of delivery or offer free delivery. The cost of delivery via DPD is 17,00 PLN gross in case of payment by bank transfer (prepayment) or 25,00 PLN gross in case of payment on delivery. The costs of delivery of the Product or Products (including possible fees for transportation, delivery and postal services) are indicated to the Customer when placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
Stationary - delivery is free of charge.
If you choose mail delivery, medikapoland.pl delivers your Order via DPD or DHL shipping company.
The deadline for delivery of the Order to the Customer is up to 21 business days, unless in the description of the Product in question or in the course of submitting the

The shorter term is given for the Order. In case of Products with different delivery terms, the delivery term is the longest term given, which, however, cannot exceed 21 working days.5. The term is to be counted from the moment medikapoland.pl proceeds with the execution of the Sales Contract in accordance with §3 item 4 of the Regulations, with the reservation that in case the Customer chooses the method of payment by bank transfer (prepayment), the term starts running not earlier than from the date the payment is credited to medikapoland.pl's bank account.

§7 Product complaint

The legal basis and scope of medikapoland.pl's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined in generally applicable legal regulations, in particular the Civil Code.
Medikapoland.pl is obliged to provide the Customer with the ordered Product without defects.
The customer has the option of filing a complaint:
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by medikapoland.pl. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
A sample sample complaint form is available in Appendix 1 to the Terms and Conditions (or directly at: https://medikapoland.pl/reklamacje/). The consumer may use the sample form, but it is not mandatory.
Complaints can be submitted electronically via e-mail to: kontakt@medikapoland.pl; in writing (by mail) to the following address: Medika Łukasz Chabros, 47 Potokowa Street, 54-105 Wrocław.
Medikapoland.pl shall respond to the complaint immediately, no later than within 14 calendar days from the date of its delivery or receipt at the e-mail address. Failure of medikapoland.pl to respond within the aforementioned period, by law, means that medikapoland.pl recognized the complaint as justified.

§8 Out-of-court ways of dealing with complaints and claims, and rules of access to these procedures

Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection and Provincial Inspectorates of Commercial Inspection.
A customer who is a consumer has the right to contact

with medikapoland.pl in order to obtain assistance in exercising rights to out-of-court redress.

§9 Right of withdrawal

The right of withdrawal from a contract concluded at a distance does not apply to, among others, contracts (1) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specifications or serving to satisfy his/her individualized needs; (2) to contracts for the provision of services, if medikapoland.pl has fully performed the service with the express consent of the consumer, who was informed before the performance started, that after medikapoland.pl has performed the service, he/she will lose the right to withdraw from the contract.
Subject to §9.1 of the Regulations, a consumer who has concluded a remote agreement may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in §9.7 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The consumer has the right to submit a statement of withdrawal from the Sales Agreement: in electronic form via e-mail to: kontakt@medikapoland.pl in writing (by correspondence) to the address: Medika Łukasz Chabros, 47 Potokowa Street, 54-105 Wrocław.
The period for withdrawal from the contract begins:
For a Sales Contract, in the performance of which medikapoland.pl delivers the Product, being obliged to transfer its ownership to the Customer who is a consumer - from taking possession of the Product by the Customer or a third party indicated by the Customer other than a carrier, and in the case of a Sales Contract which: (1) includes multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period of time - from taking possession of the first Product.
For other contracts - from the date of the agreement.
In the case of withdrawal from a Distance Sales Agreement, the Sales Agreement is considered not concluded.
Medikapoland.pl is obliged to return all payments made by the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the Sales Agreement. Medikapoland.pl shall return the payment using the same method of payment used by the consumer customer, unless the consumer has expressly agreed to a different method of return that does not involve any additional costs for him.
The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
Possible costs associated with the consumer's withdrawal from the Agreement spr

zed to be borne by him:

If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Store, medikapoland.pl is not obliged to reimburse the consumer for the additional costs incurred by him/her.
The Consumer shall bear the direct costs of delivery of the returned Product or Products domedikapoland.pl.
In the case of a Product, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the Sales Agreement, the consumer who exercises the right to withdraw from the Sales Agreement after making such a request, is obliged to pay for the services performed until the withdrawal from the Sales Agreement. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the Sales Contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the fulfilled performance.

The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts: (1) for the provision of services, if medikapoland.pl has performed the service in full with the express consent of the consumer, who was informed before the provision of the service began, that after the performance of the service by medikapoland.pl he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which medikapoland.pl has no control over, and which may occur before the expiration of the deadline for withdrawal from the contract; (3) in which the subject of the performance is a Product that is not prefabricated, manufactured according to the consumer's specifications or serves to satisfy his individualized needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a product delivered in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of performance is Products which, after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (8) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (9) concluded through a public auction; (10) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the withdrawal period and after medikapoland.pl about the loss of the right to withdraw from the contract.

Model declaration of withdrawal from a contract concluded at a distance:** http://www.federacja-konsumentow.org.pl/n,45,865,12,1,wzor-oswiadczenia-o-odstapieniu-od-umowy-zawartej-na-odleglosc.html

§10 Provisions for customers who are not consumers

This paragraph of the Terms and Conditions and the provisions contained herein apply only to Customers who are not consumers.
Medikapoland.pl has the right to withdraw from a Sales Contract concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may take place without giving any reason and does not give rise to any claims on the part of the non-consumer Customer against medikapoland.pl.
In case of non-consumers medikapoland.pl has the right to limit available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer.
As soon as medikapoland.pl releases the Product or Products to the carrier, the benefits and burdens associated with the Product or Products, as well as the danger of accidental loss or damage to the Product or Products, are transferred to the Customer who is not a consumer. In such a case, medikapoland.pl shall not be liable for any loss, loss or damage to the Product or Products occurring from acceptance for transport until delivery to the Customer, or for any delay in transporting the consignment.
If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that a defect or damage to the Product occurred during shipment, he is obliged to perform all actions necessary to determine the carrier's liability.
Pursuant to Article 558 §1 of the Civil Code, medikapoland.pl's warranty liability for the Product towards the Customer who is not a consumer is excluded.
In the case of Customers who are not consumers, medikapoland.pl may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons, by sending the Customer an appropriate statement.
The liability of medikapoland.pl to a Customer who is not a consumer, regardless of its legal basis, is limited - both for a single claim and for all claims in total - to the amount of the price paid and delivery costs of the Sales Contract, but no more than one thousand zlotys. medikapoland.pl shall be liable to the non-consumer Customer only for typical damages foreseeable at the time of concluding the Sales Contract and shall not be liable for lost profits to the non-consumer Customer.
Any disputes arising between med

ikapoland.pl and a Customer who is not a consumer shall be submitted for settlement to the court having jurisdiction over the seat of medikapoland.pl.

§11 Protection of personal data

The administrator of the personal data is medikapoland.pl.
Medikapoland.pl makes every, greatest effort to ensure the maximum security of the protection of personal data of its Customers, during their presence in the Store, during the process of placing an order and the processing of such data in connection with the execution of the order, as well as responding to sent inquiries and handling the order.
Medikapoland.pl processes Customers' personal data only to the extent necessary for proper execution of the Order or Electronic Service, transfers or entrusts the processing of personal data to other entities only for the purpose and to the extent necessary for proper and due execution of the Electronic Service or execution of the Order, for statistical and analytical purposes, Customer satisfaction survey.

§12 Final provisions

Contracts concluded by medikapoland.pl are concluded in the Polish language.
Medikapoland.pl reserves the right to make changes to the Regulations.
In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of electronic Services - Account), the amended Regulations are binding on the Client if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Client has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the change to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Customer who is a consumer has the right to withdraw from the contract.
In the case of conclusion of contracts of a different nature than continuous contracts (e.g., a contract of sale) on the basis of these Regulations, the amendments to the Regulations will not in any way affect the rights acquired by Customers who are consumers before the effective date of the amendments to the Regulations. In particular, the amendments to the Regulations will not affect the Orders already placed or placed and the agreements concluded, executed or performed.
In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded with Customers who are consumers, the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of common law.

Regulations published on 24.05.2018, comes into effect on 25.05.2018.