“Puromedica” online store regulations
(hereinafter: “the Regulations”)
The Regulations define the rules to be applied for purchases at Puromedica Online Store operating at www.puromedica.com
The Regulations constitute an integral part of an agreement concluded between a Customer making purchases at Puromedica Online Store and the Seller. The terms used in the Regulations shall have the following meanings:
- Client – a natural persons aged at least 18 or a legal person, or an organisation with or without legal capacity, with full capacity to enter into legal transactions, which places or intends to place an Order or otherwise uses the services of the Online Store, being:
- a consumer within the meaning of the civil code, that is, a natural person entering into a legal transaction, not related directly to their professional or economic activity, with the entrepreneur (“Consumer”) or
- an entrepreneur, that is, a natural person, a legal entity or an organizational unit without legal personality, conducting professional or business activity in its own name and undertaking a legal transaction directly related to its professional or economic activity (“Entrepreneur”);
- Civil code – the act of April 23rd 1964 (Journal of Laws of 2014, item 121, as amended) Civil code;
- Customer Account – a Customer’s individual profile started for it by the Seller after the Customer’s Registration at the Online Store;
- Logging – an actual operation consisting in entering a string of alphanumeric characters (e-mail) necessary to gain access to a Customer Account; a login is set by the Customer individually in the Registration process.
- Product – movable property offered by the Seller via the Online Store;
- Registration – a one-time actual operation consisting in opening a Customer Account by a Customer, made using the control panel made available by the Seller at the website of the Online Store, required in order to enable the Customer’s use of all functionalities of the Online Store.
- Regulations – these regulations for sales using means of distance communication and providing services electronically, drawn up based on art. 8 of the act of July 18th 2002 on providing services electronically (Journal of Laws of 2013, item 1422, as amended), defining the rules of making purchases via the Online Store
- Online Store – an ICT platform (a system for information and remote selection and purchase of Products or provision of services) run by the Seller, allowing a Customer to become acquainted with the Products offered by the Seller and purchase them, available at www.puromedica.com
- Seller – PUROMEDICA SP. Z O.O. SP. K., with its registered seat in Dąbrowa at the address: ul. Batorowska 30, 62-070 Dąbrowa, with NIP number 777 33 22 531, being the owner of the Online Store, selling the Products via the ICT platform available at www.puromedica.com
- Order – a Customer’s declaration of will leading directly to concluding an agreement providing for sale of a Product and specifying its material conditions.
- A Customer is in particular obliged to:
- comply with the Regulations,
- use the services offered by the Seller in a way that does not impair the functions of the Seller’s website, in particular by using appropriate software or equipment,
- refraining from actions such as sending unsolicited commercial information or placing it at the Online Store, undertaking IT actions or other steps aiming at obtaining information not targeted at the Customer,
- using the services offered by the Seller in a way compliant with the laws applicable in the Republic of Poland, the provisions of the Regulations and the customs accepted in that regard,
- refraining from sending and providing contents prohibited by applicable laws,
- using the services offered by the Seller in a way that is not arduous for the other Customers and the Seller, with respect for their personal rights (including right to privacy) and other rights,
- using any contents placed at the Online Store protected by copyrights belonging to the Seller or third parties only for own, non-commercial use. Use of the contents in other respect is only allowed with explicit consent given by an authorised person.
- The Seller uses cookie files for gathering information related to use of the Store by the Customer in order to:
- maintain a Customer’s session (after logging in), so that the Customer does not need to enter his Customer Account password at each subpage of the Store website, adapt the Store website to the needs of the Customers, produce subsite viewing statistics for the website.
- All rights to the contents made available as part of the Online Store, including copyrights, store name, domain name as well as rights to patterns, forms and logos placed on the Store’s website (excluding logos and photographs presented on the Store’s website to present the goods, the rights to which belong to third parties) shall be vested in the Seller and might be used only as set forth in the Regulations and with the Seller’s consent given explicitly in writing on pain of nullity.
- The Regulations shall be made available to the Customers at any time and free of charge, via the link placed at www.puromedica.com home page and the Customers might print them.
- The information concerning the Products provided in the Online Store, in particular their descriptions, ingredient lists, properties and prices constitute an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code.
- In order to create a Customer Account a Customer shall be obliged to register (Registration is free of charge).
- Registration is not necessary to place an Order at the Online Store.
- In order to complete the Registration the Customer should fill in the registration form made available by the Seller on the Store’s website and sent the filled in registration form electronically to the Seller by choosing an appropriate function in the registration form. The Customer defines their individual password to the Customer Account at Registration.
- While filling in the registration form, before registering a Customer Account, a Customer has the opportunity to read the Regulation and accept it by ticking an appropriate box in the form.
- At Registration the Customer might express their voluntary consent to processing of their personal data for marketing purposes by ticking an appropriate box in the registration form. In such case the Seller explicitly informs the Customer about the purpose of collecting the personal data and about the recipients of the data known to the Seller or expected by it.
- The Customer’s consent to processing of their personal data for marketing purposes does not make the opportunity of concluding a Customer Account electronic Operation agreement with the Seller conditional, as the Customer might withdraw the consent at any moment by submitting an appropriate representation to the Seller. The representation might be submitted to the Seller in any form, in particular via e-mail at email@example.com or by traditional mail at the Seller’s address: PUROMEDICA SP. Z O.O. SP. K. UL. BATOROWSKA 30 62-070 DĄBROWA
- After sending a filled in registration form the Customer shall immediately receive a confirmation of Registration to their e-mail address provided in the registration form. At that moment the Customer gets access to their Customer Account and an opportunity to alter the data provided at Registration.
Accepting and completion of an order
- The Customers entitled to order the Products offered by the Online Store include:
- Customers who have a Customer Account,
- Customers who do not have a Customer Account and place orders without Registration and logging in to a Customer Account.
- The status of a registered Customer of the Online Store is received after completing the following steps:
- correctly filling in the registration form available on the website of the Store and defining the Customer Account login and password,
- activating the account by clicking the link sent to the Customer’s e-mail address. The login and the password are confidential. At each subsequent Order the Customer shall use the previously defined login and password. After entering the defined login and password the given Customer can update the data provided at Registration.
- The following data should be provided by the Customer at Registration:
- full name,
b. address (street, building number, city, post code),
c. e-mail address,
d. contact telephone number,
- Orders from Customers are accepted directly via the Website – “Online store” tab and by e-mail at: firstname.lastname@example.org, Monday to Friday, 8.00 a.m. to 4.00 p.m.
- The conditions of accepting an Order are as follows:
- for Orders placed via the Online Store – correctly filling in the contact details form at “Online store” tab,
- for Orders placed by e-mail – submitting an Order including the following data:
Product name(s) including their codes, packaging/weight type (where applicable), number of Products ordered, full contact details for shipment, that is, full name of the recipient, shipment address (street, building and/or apartment number, post code, city), contact telephone number (for the courier), information on payment method (cash on delivery, payment transfer or dotpay electronic payment system.
- After submitting an Order the Seller shall immediately confirm its receipt, which makes the Customer bound by their declaration and entails completion of the Order. The moment of accepting an Order for completion shall be deemed as the moment of concluding the sales agreement. An Order is confirmed by sending an appropriate message to the Customer: a) mail address given at Registration (applies to Customers with active Customer Accounts) or b) at the e-mail address given while placing the Order (applies to Customers without active Customer Accounts).
- Accepting an Order for completion: a) for Orders paid at delivery – it starts not later than on the working day following the day of submitting the Order by the Customer, b) for Orders paid by payment transfer or via dotpay system – it starts after crediting the payment for the submitted Order on the Seller’s bank account;
- Preparing an Order shall be deemed as completing and packing the Ordered Product by the Seller and transferring it to an external courier company for delivery to the Customer.
- Orders are completed by the Online Store within 5 days from the date indicated in the previous item, on working days from Monday to Friday, from 8.00 a.m. to 4.00 p.m.
- Orders placed on Saturdays, Sundays and public holidays or outside of the Online Store’s working hours are completed on the following working day.
- If an Order cannot be completed due to unavailability of a Product, the Customer shall be informed about it immediately, within 3 days from submitting the Order. In such case the Seller shall immediately return the amount received from the Customer for the uncompleted Order. The Customer might give its consent for extending the period of processing the Order or for purchase of another Product instead of a refund.
- An appropriate accounting document is issued with each Order and sent to the Customer with the ordered Product.
- Price shall be deemed as a Product’s gross price indicated next to the information concerning the Product. It does not include shipment costs. Prices of the Products offered by the Store are expressed in Polish zloty and include VAT.
- The price indicated for a Product shall be binding at the moment of placing an Order. The price shall not change irrespective of changes in the prices at the Online Store, which might be made for individual Products after placing an Order.
- The indicated prices of the Products do not include shipment costs, which, however, are explicitly stated at the stage of placing the Order.
Forms of payment
- Payments for an Order submitted at the Online Store can be made as follows:
a) cash on delivery – at receipt of the consignment, to DHL Courier,
b) by bank transfer – to the indicated bank account of PUROMEDICA
c) DOT PAY payment – made via a professional online payment system. After selecting the payment option the Customer is redirected to a website for authorisation of the transaction.
- Forecast delivery time is included in the description of each Products offered by the Online Store.
- Dispatching an Order on the day of placing it for Products marked as shipping within 24 hours is possible if:
- The Order is placed on a working day, the payment is credited to the Seller’s bank account by 12.00 noon or the Seller receives information about choosing cash on delivery shipment by 12.00 noon.
- Shipping time is 24 to 48 hours of working days from the day the Seller hands over the consignment to the carrier.
- Consignments are delivered by DHL courier company. DHL delivers orders on working days, from Monday to Friday. At the moment of posting the consignment the Customer is informed about the waybill number by e-mail to check shipment status at the courier company’s website: http://www.dhl.com.pl
- The Seller has no influence on the exact hour of delivery. The courier contacts the Customer by telephone to deliver the consignment.
- Courier delivery: PLN 16.00
- Courier delivery with payment on delivery: PLN 20.00
- The final shipping costs, which depend on the weight, size and number of purchased Products, are communicated to the Customer before they express their consent to concluding the agreement with the Seller, namely, before purchasing the Products.
Receipt of consignment from the courier
- At the moment of receiving the Product sent at the address indicated by the Customer attention should be given to the external appearance of the delivered consignment. In case of stating visible mechanical damage or other worrying objections to the condition of the packaging, including logistic protection (e.g. the Product packaging is damaged, has visible signs of opening, the tape has been damaged), we recommend that you refuse accepting it and immediately inform the Seller about the above stated conditions.
- If the external appearance of the consignment does not raise any objections at the courier’s presence, it is recommended to verify its content. In case of any comments on the technical or visual condition, or completeness of the received product, it is recommended to draw up a damages protocol. The courier has necessary forms in place and is obliged to confirm the stated irregularities. In case of stating damage of the consignment in transport or any objections to the quantity of the delivered Product, it is recommended to draw up a damages protocol in the presence of the courier (if the courier does not have such protocol in place, you can make an appointment with them at another date or draw it up on a piece of paper). The damages protocol should include: the date and hour of deliver and description of the damage. It should be signed and sent to the Seller immediately at its address for correspondence: ul. Bukowska 41, 62-070 Dąbrowa or scanned and sent at: email@example.com The aforementioned comments and recommendations are given only for the purpose of streamlining the procedure of claim recovery by the Customer. A failure to exercise them does not, however, influence the Client’s possibility to exercise their rights resulting from defects of the Products.
Withdrawal from the agreement
- Pursuant to art. 27 of the act on consumer rights of May 30th 2014 (Journal of Laws of 2014, item 827, as amended; hereinafter: “UPK”), subject to section 11 below, a Customer, who is also a Consumer and has entered into a remote agreement, they can withdraw from it without giving reasons by submitting an appropriate declaration in any form (for instance: using a return form, in writing or by e-mail) within 14 days from the date of delivery of the Product to the Consumer or a third party indicated by them, other than the carrier, and, if the Product was delivered in batches or in multiple pieces, from the date the Customer received the last element, or at which the person indicated by the Customer, other than the carrier, received the last element.
- Sending a declaration before the lapse of the 14-day period provided for in item 1 above is sufficient to comply with the said period. The declaration might be sent to the following address: ul. Bukowska 41, 62-070 Dąbrowa or at: firstname.lastname@example.org.
- In case of withdrawal from an agreement, the agreement shall be deemed as not concluded and the Consumer shall be deemed as released from any obligations. The Consumer is liable for decreasing the value of an object resulting from its use to an extent beyond necessary to find the nature, properties and functioning of the object.
- A Product returned by the Consumer should be properly packaged to secure it against damage in transport. A Product should be packaged in its original packaging to the extent possible. A Product should be returned in unchanged condition.
- The Seller shall return any payments made by the Consumer, including shipment costs (that is, the costs of transporting the product from the Seller to the Consumer) immediately, not later than within 14 days from the date of receiving the Consumer’s declaration of withdrawal from the agreement, save that the Seller only refunds the costs of the cheapest available delivery offered by it to the Consumer.
- The Consumer shall be obliged to return the Product to the Seller immediately, not later than within 14 days from the date, at which the Consumer withdrew from the agreement. Returning the Product to the Seller within the 14-day period referred to in the previous sentence is sufficient to comply with that period. The Consumer shall incur the direct costs of returning the Product to the Seller if, due to their nature, the objects cannot be returned by post in the ordinary way.
- Products should be returned to the Sellers address: ul. Bukowska 41,
- Payment is returned using the same payment method as the method used by the Consumer in the original transaction, unless the Consumer explicitly agrees to another solution. The Consumer shall incur no payments related to the return of the payment by the Seller.
- The Seller might withhold the refund by the time of receiving the Product back or by the time the Consumer submits the proof of sending it, whichever occurs earlier.
- The Consumer has no right to withdraw from an agreement in the cases specifically provided for in art. 38 section 1 of UPK, among others, in reference to an agreement:
- providing for supply of goods, which deteriorate or expire rapidly; b. providing for supply of alcoholic beverages, the price of which has been agreed at concluding the sales agreement, which can be delivered after the lapse of 30 days and the value of which depends on market fluctuations that the entrepreneur cannot control;
providing for services, if the entrepreneur has fully provided a service with the consumer’s explicit consent, if the consumer had been informed before starting provision of the service that they lose the right to withdraw from the agreement after the entrepreneur provides the service;
providing for supply of objects which, once delivered, become inseparably attached to other objects, due to their nature.
- A model withdrawal form for an agreement concluded at a distance is enclosed as enclosure no. 1 to the Regulations.
Product defects, Complaint procedure
- The Seller shall be obliged to provide the Customer with a defect-free Product.
- For the avoidance of doubt it is concluded that none of the provisions of these Regulations shall limit the Consumer’s rights vested in them pursuant to separate laws.
- The Seller is liable to a Customer who is not a Consumer under the warranty based on the provisions of the Civil Code.
- In case of stating physical or legal defects of a Product, a Customer, who is also a Consumer, might demand decreasing the price or withdraw from the agreement, unless the Seller immediately replaces the defective Product with a defect-free one or removes the defect without undue inconvenience for the Consumer.
- This restriction does not apply if the Product has already been replaced or repaired by the Seller or if the Seller has not complied with the obligation to replace the object with a defect-free one or to remove the defect.
- The Consumer might demand replacing a defective Product with a defect-free one instead of removing the defect as suggested by the Seller or to demand removing the defect instead of replacing the Product as suggested by the Seller, unless making the Product compliant with the agreement in a way chosen by the Customer is impossible or would require excessive costs compared to the method suggested by the Seller. The assessment of excessive costs takes into account the value of the defect-free object, the type and meaning of the stated defect and the inconvenience that the other method of remedying the defect would cause to the Consumer.
- The Consumer cannot withdraw from the agreement if the stated defect is negligible.
- The Seller should be informed about a stated defect within 2 years from the date of handing over the Product. It is recommended to describe the defect and the Consumer’s demand in the complaint pursuant to item 4 and 5 above. Sending the notification before the lapse of the period is sufficient to comply with the period. It is recommended to enclose a document (or its copy) confirming purchase of the Product at the Online Store to the complaint. The notification might also be sent by e-mail at: email@example.com. If it is necessary to assess the defect of the Product, the Product covered by the complaint must also be delivered to the address: ul. Bukowska 41, 62-070 Dąbrowa.
- Complaints shall be processed by the Seller within 14 days. A failure to inform the Consumer about the method of processing it within the aforementioned period shall be deemed as the Seller’s acceptance of the complaint.
Personal data protection
- When an order is placed, the Customer’s personal data are entered into the Seller’s database. The Seller is the data administrator. The entrusted personal data shall be processed only for the purposes of completing and processing the Order. The data are protected and processed pursuant to the personal data protection act of August 29th 1997 (Journal of Laws of 2014, item 1182, as amended).
- The Customer might agree to receive commercial information from the Seller, including e-mail information, by ticking an appropriate box in the application form.
- The Customer has the right to view their data, correct them or demand discontinuation of their use or their removal. The Seller guarantees every Customer’s right to control processing their personal data pursuant to art. 32 of the personal data protection act. Provision of personal data by a Customer is voluntary, however, it is necessary for the purposes of processing an Order by the Online Store.
- Personal data entered into the Seller’s database are not transferred to any entities, which do not participate in performance of the sales agreement.
- Personal data are immediately removed when the Online Store has completed an Order (for a Customer who has not completed Registration) or when a Customer has removed their Customer Account.
- Provisions of the Civil Code and other laws in force apply to any matters not covered by the Regulations and, for Consumers, also UPK. The provisions of the Regulations do not preclude or limit any of the Consumer’s rights resulting from defects of the Products, to which they are entitled based on the applicable laws in force. In case of any conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to the Consumer, these provisions shall take precedence.
- If it is necessary to amend the Regulations as a consequence of: changing the form of payment, shipment methods and terms, terms of agreements, complaint procedure, the need to introduce amendments clarifying the provisions of the Regulations, amendments with respect to the applicable laws and other provisions, amendments of which have influence on performance of concluded agreements, the Seller undertakes to inform the Customer about that at least 7 days before the date of entry into force of such amendments. In such situation the introduced amendments shall not affect in any way the Customer’s rights acquired before the date of entry into force of the said amendments, which means that the Regulations in force at the moment of concluding the agreement shall apply to submitted orders, concluded agreements and exercised agreements.
These Regulations shall enter into force on September 1st 2018.