- The online store www.snailmed.pl, hereinafter referred to as the Store, is operated by Snailmed Polska sp. z o.o. with its headquarters in Sosnowiec at ul. Pusta 62, 41-206 Sosnowiec, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court of Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register under KRS number 0000731542, with NIP number 6443540520, with REGON number 380206477, with share capital of PLN 5,000, paid in full, hereinafter referred to as the Seller.
- The Buyer may contact the Seller at the address given in paragraph. 1 address of the Seller, at the email address: firstname.lastname@example.org, as well as at the available on working days (Monday to Friday) from hrs. 9 a.m. to hrs. 3 pm Hotline number: 507,501,700 (charged as for an ordinary telephone call, according to the tariff package of the service provider used by the Buyer).
- In the Store, the Seller sells goods via the Internet.
- The information contained on www.snailmed.pl does not constitute an offer, but an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
USE OF THE STORE
- The Buyer may use the Store by registering and thus creating an account, which collects data and information about the Buyer regarding his/her activities in the Store (hereinafter: Account), in accordance with the provisions. Regulations or not to create an Account and place orders referred to in paragraph. 6 and referred to in paragraph. 8, as well as use other functionalities of the Store, indicated in paragraph. 21 also available to unregistered Buyers, each time providing the data necessary for their implementation.
- In order to make a purchase in the Store, the Buyer, on the basis of the information about the goods posted in the Store, selects the goods he is interested in purchasing and places an order for these goods, indicating the place of delivery and method of payment. A buyer who is an individual concluding a contract directly related to his business activity shall inform the seller when placing an order in the Store whether the contract being concluded is of a professional nature for him. The buyer can place an order:
- directly in the Store – after logging in to the Account or without registering an Account – by remotely filling in the appropriate electronic form, taking subsequent technical actions, based on the messages or information displayed to the Buyer. Effective placement of an order by the Buyer in this mode requires that the Buyer accepts these Regulations by checking the appropriate checkbox in the electronic form to be filled out. The Buyer, upon placing an order completing the procedure referred to in sentence 1, makes an offer to the Seller within the meaning of Art. 66 § 1 of the Civil Code, by which he expresses his will to conclude a contract for the sale of the goods indicated by him under the conditions described in the order. Such an order is binding on the Buyer and cannot be revoked without the consent of the Seller once the message confirming receipt of the order by the Seller is displayed. This is without prejudice to the right of the Buyer who is a consumer and the right of the Buyer who is an individual concluding a contract directly related to his business, when it is clear from the content of the contract that it does not have a professional character for him to withdraw from the contract of sale, in accordance with applicable regulations.
- By telephone – to the Hotline number specified in paragraph. 2. The Buyer, upon placing a telephone order, makes an offer to the Seller within the meaning of Art. 66 § 1 of the Civil Code, by which he expresses his will to conclude a contract for the sale of the goods indicated by him under the conditions described in the order. Such an order is binding on the Buyer and cannot be revoked without the consent of the Seller. This is without prejudice to the right of the Buyer who is a consumer and the right of the Buyer who is an individual concluding a contract directly related to his business, when it is clear from the content of the contract that it does not have a professional character for him to withdraw from the contract of sale, in accordance with applicable regulations.
- In response to the Buyer’s order placed directly with the Store, in accordance with the procedure specified in paragraph. 6 letter a, at the same time as the message confirming receipt of the order by the Seller is displayed, an automatic e-mail message with such confirmation is sent to the Buyer. A message containing an acknowledgment of receipt of the order by the Seller is also sent to the Buyer who placed the order by telephone, in accordance with the provisions of paragraph (2). 6(b). Along with the confirmation of receipt of a telephone order by the Seller, the Buyer receives the contents of the Terms and Conditions binding on him, a sample withdrawal statement and other information required by law. Confirmation of receipt of an order by the Seller does not constitute acceptance of such order. The Seller notifies the Buyer of the acceptance of his order by sending the Buyer an e-mail with information about the transfer of the order for shipment. Along with this message, the Buyer receives the content of the Terms and Conditions binding on him, a sample withdrawal statement and other information required by law. As soon as such information is sent to the Buyer, a contract for the sale of the goods described in the order is concluded between the parties. If the order cannot be fulfilled by the Seller, the Seller shall notify the Buyer by sending an e-mail with information about the refusal of the order and the reason for this refusal. Notice of acceptance or refusal of an order is sent to the Buyer no later than 4 working days (Monday, to Friday) from the date of its receipt by the Seller
- Each order placed by the Buyer, in accordance with paragraph. 6, made by the Buyer, is considered by the Seller for its feasibility, given the availability of goods. If the order cannot be fulfilled by the Seller, due to the unavailability of the goods in question, the Buyer shall be immediately informed by the Seller of the refusal of the order, If the order can be fulfilled by the Seller, however, within a longer period than indicated in paragraph. 17, the Seller shall inform the Buyer of the need to wait longer for the execution of the order, with a request to confirm their willingness to continue. In the event of the Buyer’s refusal to change the date of execution of the order, the Seller shall refuse to execute the order in question.
- A limited number of goods are intended for promotional sales and sales. Orders for such goods are fulfilled in the order in which orders are received, until the stocks covered by this form of sale are exhausted.
- The Seller may refuse to process an order if there are system errors in the Store, resulting in the display of an incorrect description of the ordered goods, including the incorrect price of the goods, the Customer’s failure to make payment for the ordered goods on time or a reasonable suspicion that the data provided by the Customer is not correct or if the number of ordered or pieces of the same item is higher than 10pcs. The basis for refusing to process the order of a customer who is an entrepreneur is the Seller’s doubts about the identity of the customer, as well as his status as an active VAT payer.
- For each purchase made in the Store, a fiscal receipt or invoice is issued. The invoice may be in the form of an electronic invoice, within the meaning of the VAT regulations, unless the Buyer expressly indicates in the information to the Seller that the invoice should be issued in traditional form.
- All prices are given in the Store in Polish zloty and include VAT. The price information given in the Store next to the goods is binding on the Parties from the moment the Buyer receives information from the Seller about the transfer of the order for shipment.
- The buyer is obliged to pay the price for the goods ordered from the Store, in accordance with the provisions of paragraph. 6, including delivery costs, no later than 2 days from the date of the order. At the same time, the Buyer, when placing an order, may choose the following forms of payment (whereby the forms of payment available for a given commodity or a given order, are clearly indicated during the Buyer’s order placement procedure referred to in paragraph 6):
- payment upon receipt of goods from the courier (cash on delivery) – payment is made in cash to the courier upon receipt of the purchased goods;
- payment in advance by bank transfer – after placing an order, the Buyer receives an e-mail from the Seller with information about the number of the bank account to which he should transfer the amount due to the Seller; in this case, the order is transferred for execution after the payment is credited to the Seller’s bank account;
- payment in advance using the PayU system – payment in this form can be in the form:
– payment by credit card – in this case, each payment transaction is authorized by the online payment operator PayU S.A. based in Poznan (hereinafter: PayU); the order is forwarded for processing after confirmation of payment;
– payment by e-transfer – payment is handled by PayU; the order is transferred for processing after confirmation of payment;
- The time limit for delivery to the Buyer of the goods purchased by the Buyer, calculated from the date of execution between the Parties of the contract of sale, in accordance with the provisions of paragraph. 7, is 7 working days. All shipments are delivered at the expense of the Buyer, through courier companies, to the address indicated by the Buyer, on Polish territory. Delivery costs and additional costs, if any, for each commodity shall be indicated explicitly during the Buyer’s ordering procedure referred to in Paragraph. 6.
PROVISION OF ELECTRONIC SERVICES
- Buyer registration, and thus the creation of a Buyer’s Account, is carried out by accepting by the Buyer the appropriate electronic registration form, available on the Store’s website, after completing the required sections of the form. The creation of a Buyer’s Account requires the Buyer’s acceptance of these Terms and Conditions by checking the appropriate checkbox in the electronic form to be filled out. In the process of registering an Account, the Buyer independently determines and enters a password to access the Account.
- As soon as the Buyer accepts the electronic registration form referred to in paragraph. 16, an agreement is concluded between the Parties for the electronic provision of a service consisting in the free-of-charge maintenance of a Buyer’s Account by the Seller and providing the Buyer with the possibility to use the functionalities available in the Account, consisting in particular in: managing the Buyer’s personal data, placing orders and reservations, viewing the status of placed orders and reservations, viewing the Buyer’s purchase history in the Store, filing complaints regarding purchased goods. The contract is concluded for an indefinite period. Either Party may terminate such an agreement by giving 14 days’ notice. Termination of the contract causes the Buyer to lose access to the Account and is tantamount to the refusal of the Seller to execute all orders for which a sales contract has not yet been concluded between the Parties, as well as all reservations for which the Buyer has not yet received information from the Seller on their acceptance.
- Only one Buyer may use one Account. The Buyer may not share access data to the Account with other persons. The Buyer is obliged to adequately secure the data used to use the Account, in particular the password to access the Account.
- Each Buyer, without creating a Buyer’s Account, may use the following services provided by the Seller electronically:
- service that allows the Buyer to browse, on the Store’s website, the catalog of goods available in the Store and obtain information about these goods;
- service that allows the Buyer to place orders for goods available in the Store, in the manner specified in paragraph. 6, for the purpose of acquiring them through a distance contract;
- other services available on the Store’s website for unregistered Buyers, in particular, consisting in the possibility for the Buyer to submit complaints electronically.
- Agreements for the provision of electronic services referred to in paragraph. 19, are free of charge, unless, in the case of a given functionality, the Seller, before the Buyer uses it, has expressly informed the Buyer, in accordance with the law, of the necessity of incurring a fee and the amount of this fee. The aforementioned. Contracts are concluded each time the Buyer begins to use the functionality in question, for the duration of that use.
- Proper use of the services referred to in paragraph. 19 and 20, is only possible using a PC, Mac or similar computer equipped with an operating system (e.g. Linux, Mac OS, Windows or similar) and an Internet browser (e.g. Firefox, Opera, Safari or similar).
- The buyer is obliged to:
- use of the services referred to in paragraph. 19 and 21 in a manner consistent with the provisions of applicable law and accepted customs in this regard,
- comply with the rules of these Regulations,
- Not to provide or transmit unlawful content,
- use of the services referred to in paragraph. 19 and 21 and from the tools available in the Store in a manner consistent with their intended use,
- not to use techniques and devices that interfere with the operation of the IT infrastructure;
- The Seller may carry out maintenance work on the Store. During maintenance work, the availability of some or all of the Store’s services and functionalities may be partially or completely limited. The vendor undertakes to give reasonable advance notice of planned maintenance work.
- In order to ensure the security of communication in the Store, in particular when placing orders, in accordance with paragraph. 6 The Seller shall take technical and organizational measures appropriate to the degree of security threat to the Store.
- Taking into account the wording of Art. 27 et seq. Law of May 30, 2014. On consumer rights (Journal of Laws of 2014, item 827) (Consumer Rights Act), a Buyer who is a consumer and a Buyer who is a natural person concluding a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for him, has the right to withdraw from the contract concluded with the Seller, in accordance with the provisions of the Regulations, within 14 days, without giving any reason. The deadline for withdrawal from the contract expires after 14 days, respectively:
- In the case of a contract for the sale of goods – from the date on which the Buyer took possession of the goods or on which a third party other than the carrier and indicated by the Buyer took possession of the goods,
- in the case of a contract for the sale of goods, including multiple goods that are delivered separately – from the date on which the Buyer took possession of the last of the goods or on which a third party other than the carrier and designated by the Buyer took possession of the last of the goods, in the case of a contract for the provision of services – from the date of conclusion of the contract.
- In order to exercise the right of withdrawal, the Buyer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement (the form of withdrawal suggested by the Seller, ensuring the smoothest course of settlement between the parties, is to send a form of withdrawal from the contract (appendix No. 1) by e-mail to the e-mail address: email@example.com).
Upon receipt of the Buyer’s statement of withdrawal from the contract, the Seller shall send the Buyer an e-mail indicating the proposed shipping address of the goods and the return registration number. The indication by the Buyer of the registration number provided by the Seller on the bill of lading, as well as the delivery by the Buyer of the returned goods to the address provided by the Seller, will facilitate the course of settlement between the parties on account of withdrawal from the contract.
- In order to comply with the deadline for withdrawal, it is sufficient for the Buyer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.
- In the event of withdrawal from the contract by the Buyer, the Seller shall return to the Buyer all payments received from the Buyer, including the costs of delivery of the item (except for additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Buyer’s decision to exercise the right of withdrawal. The Seller shall refund the payment using the same means of payment that were used by the Buyer in the original transaction, unless the Buyer has expressly agreed otherwise; in any case, the Buyer will not incur any fees in connection with this refund. The seller may withhold reimbursement until it receives the item from the buyer.
- The Buyer, in the event of withdrawal from the contract, is obliged to send back or hand over the item to the Seller immediately, and in any case no later than 14 days from the day on which he informed the Seller about the withdrawal from the contract. The deadline is met if the buyer sends the item back before the expiration of the 14-day period.
- The buyer will have to bear the direct costs of returning the item to the seller. This also applies if the item, due to its nature, cannot be returned by mail in the usual manner.
- The buyer shall be liable for any diminution in the value of the item resulting from the use of the item other than what was necessary to ascertain the nature, characteristics and functioning of the item.
- If the Buyer withdraws from the contract, it is considered not concluded. If the Buyer made a declaration of withdrawal before the Seller accepted his offer, the offer ceases to be binding.
- The right to withdraw from the contract concluded with the Seller through the Store, pursuant to Art. 38 of the Law on Consumer Rights, is not available to a Buyer who is a consumer and a Buyer who is a natural person who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for him with respect to contracts:
for the provision of services, if the entrepreneur has performed the service in full with his express consent, who was informed before the start of the service, that after the performance by the entrepreneur will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
- in which the object of performance is a non-refabricated item, produced to his specifications or serving to meet his individualized needs;
- in which the object of performance is an item that is perishable or has a short shelf life;
- in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
- in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
NEWSLETTER AND SMS SYSTEM.
- By accepting the terms and conditions, the customer subscribes to the newsletter and agrees to receive information about promotions and discounts via email and SMS system. The Customer agrees that the Administrator may send commercial information in the form of a newsletter and SMS information using the Customer’s telecommunications terminal equipment. Consent may be withdrawn at any time, which does not affect the legality of actions taken before its withdrawal. Identification and contact data provided by the Client are processed by the Administrator on the basis of the Administrator’s legitimate interest (Article 6(1)(f) RODO) for the purpose of marketing activities. Subscribing to receive commercial information such as newsletters and SMS is voluntary for the customer, however, without providing the identification and contact information indicated in the subscription form, signing up is not possible.
REPORTING AND PROCESSING OF COMPLAINTS
- Each Buyer is entitled to submit a complaint to the Seller, In the case of defects in goods or complaints, the Buyer may submit a complaint using the complaint form (attachment No. 2) in electronic form – via e-mail – to the following e-mail address: firstname.lastname@example.org by mail, to the address of the Seller given in paragraph 1.
The letter of complaint should include:
– phone number and email
– a copy of the proof of purchase
– cause / reason for complaint
- The Seller shall consider the complaint without undue delay, but no later than within 14 calendar days from the date of its submission by the Buyer, notifying the Buyer how the complaint will be handled.
- The contract of sale of goods is concluded in accordance with Polish law and in the Polish language.
- The Seller may change the Terms and Conditions. Amendments to the Terms and Conditions are effective from the moment they are posted on the Store’s website, unless the Seller has indicated a later effective date for the new Terms and Conditions. The provision of the preceding sentence shall not apply to a Customer with an established Account who, prior to the expiration of 7 days from the date of notification by the Seller of an amendment to the Terms and Conditions, has terminated the contract for the provision of the service referred to in paragraph 1. 16. If the Buyer gives the notice referred to in the sentence. 2, the service contract referred to in paragraph. 16 shall be terminated upon the expiration of the aforementioned. The term. Amendments to the Terms and Conditions do not apply to orders placed, in accordance with the provisions of paragraph. 6, and reservations made in accordance with the provisions of paragraph. 8, before the amendments came into effect. Such orders and reservations will be processed under the existing terms.
- The current Regulations are available on the website: www.snailmed.pl
- Any disputes between the Parties shall be settled by the competent common courts.
- The regulations enter into force on dn. 01.09.2022 r.