Store Regulations

TABLE OF CONTENTS

§1. – Preliminary provisions

§2. – Basic definitions

§3. – Terms of service

§4. – Implementation of the contract

§5. Delivery

§6. Payment methods

§7. Complaints

§8. Withdrawal from the contract

§9. Out-of-court ways of dealing with complaints and redress of grievances

§10. Placing bids

§11. Personal data in the Store

§12. Final provisions

§1. [Introductory Provisions]

1. The MED&BEAUTY online store, available at https://medandbeauty.com/, is operated by Szymon Grocholewski, doing business under the name MED&BEAUTY GROCHOLEWSKI SPÓŁKA JAWNA, ul. 27 grudnia 15A, 64 – 330 Opalenica, NIP:
   7882040978, REG: 527048220 KRS: 0001071883.
2. The Regulations apply to contracts concluded by the Seller with Customers, i.e. With Consumers and Businesses.

§2. [Basic definitions]

1. Regulations – these rules and regulations.
2. Seller – the company MED&BEAUTY GROCHOLEWSKI SPÓŁKA JAWNA, ul. 27 grudnia 15A, 64 – 330 Opalenica, NIP:
   7882040978, REG: 527048220 KRS: 0001071883
3. Store – an online store operated by the Seller at https://medandbeauty.com/.
4. Customer – Consumer, Entrepreneur, Quasi-entrepreneur, making purchases through the Store.
5. Consumer – a natural person making a legal transaction with an entrepreneur (Seller) that is not directly related to his economic or professional activity.
6. Entrepreneur – a natural person (a person who enters into a contract directly related to his/her business activity, when the content of this contract shows that it is of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity), a legal person, an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business activity on its own behalf.
7. Quasi-Entrepreneur – an individual who enters into a contract directly related to his/her business activity, when it is clear from the content of the contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
8. Distance contract – a contract concluded with a consumer within an organized system of concluding contracts at a distance, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
9. Account – Customer’s account in the Store.
10. Goods – a movable thing offered in the Store, which is the subject of a sales contract.

§3. [Terms of Service]

1. The services provided by the Store are provided electronically.
2. The service referred to in §3.1 requires access to the Internet. The Seller is not responsible for interruptions in the functioning of the Store due to force majeure, incompatibility of the Store with the Customer’s technical infrastructure and the activities of third parties.
3. The ability to place orders within the Store is available 24 hours a day, 7 days a week.
4. Placing an order is possible without creating an Account in the Store.
5. Registration of a Customer Account in the Store is voluntary and free of charge.
6. When the Seller informs about a reduction in the price of a Product, in addition to the information about the reduced price – the Seller also makes visible the information about the lowest price of this Product, which was in effect during the 30 days before the introduction of the reduction. If a Product is offered for sale for a period of less than 30 days, information on the lowest price of the Product, which was in effect during the period from the date of commencement of offering this Product for sale until the date of introduction of the reduction, shall be made visible next to the information on the reduced price.

§4. [Fulfillment of the contract]

1. To place an order, the customer is required to fill out an online order form. The order form includes the customer’s data, including the customer’s identification data (including address, delivery address, name, e-mail address, telephone number, optional company name and VAT number), form of payment.
2. When placing an order, the Customer makes a selection in accordance with the Store’s offer, indicating: the quantity of Goods he intends to purchase and, if possible, the characteristics of the ordered Goods and their specifications.
3. The conclusion of the contract of sale between the Customer and the Seller takes place after the Customer places an order using the form.
4. If the Seller offers the possibility of ordering Goods that are made to the individual order of the Customer – the Customer sends (along with the order) to the Seller the content necessary to make the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements contained in the description or selects the appropriate specification of the Goods from the variants of available options for configuring the Goods given by the Seller.
5. Immediately after placing an order, the Seller confirms its receipt by e-mail. The order confirmation message contains all the agreed terms of sale and the total price to be paid. Upon receipt by the Customer of the above email, a contract of sale is concluded between the Customer and the Seller.
6. If the Customer has more than one discount from several sources/promotions, they are subject to combining/summing only if expressly stated in the Terms and Conditions of the promotion. In the absence of such information – the customer has the right to choose one discount (one promotion) for a given purchase.

§5. [Delivery]

1. The customer can use the following delivery methods:
   • courier delivery,
   • pick up the shipment at a parcel machine.
2. Goods shipped to the Customer are packaged in a manner consistent with their characteristics, i.e. in a manner that prevents damage, destruction or loss during transportation.
3. Information about the cost of delivery is provided when the customer fills out the order form. The amount of shipping costs depends on the quantity of goods ordered, weight, shipping method and the country to which the order is shipped.

§6. [Payment methods]

1. The seller provides the following payment methods:
   • BLIK
   • Online instant transfers
   • PayPo deferred payments, TWISTO
   • By card
2. Sales are documented in accordance with the customer’s request, i.e. In the form of a VAT invoice or receipt. Proof of purchase is provided to the customer electronically.

§7. [Complaints]

(1) The Contract of Sale covers new Goods. Contracts that obligate the transfer of ownership of the Goods to the Consumer, including, in particular, contracts of sale, contracts for delivery and contracts for work that is the Goods, are not subject to the provisions on warranty for defects under the rules set forth in the Civil Code.

2. the Goods are in compliance with the Contract, if, in particular, their compliance with the Contract remains:

a. description, type, quantity, quality, completeness and functionality, and for goods with digital elements – also compatibility, interoperability and availability of updates;

b. suitability for the specific purpose for which it is needed by the Consumer, which the Consumer notified the Seller at the latest at the time of the conclusion of the Contract and which the Seller accepted.

(3) In addition, the goods, to be considered in compliance with the Agreement, must:

a. be suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices;

b. appear in such quantity and have such characteristics, including durability and safety, and, with respect to goods with digital elements, also functionality and compatibility, as are typical for goods of this type and which the Consumer may reasonably expect given the nature of the goods and the public assurances made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates that:

– did not know about the public assurance in question and, judging reasonably, could not have known about it,

– prior to the conclusion of the contract, the public assurance has been rectified in compliance with the terms and form in which the public assurance was submitted, or in a comparable manner,

– Public assurance did not affect the Consumer’s decision to enter into the Agreement;

c. be delivered with packaging, accessories and instructions that the Consumer can reasonably expect to receive;

d. be of the same quality as the sample or design that the Seller made available to the Consumer prior to the conclusion of the Contract, and correspond to the description of such sample or design.

(4) The Seller shall not be liable for the lack of conformity of the Goods with the Contract to the extent referred to in §7.3, if the Consumer, at the latest at the time of the conclusion of the Contract, has been expressly informed that a specific feature of the Product deviates from the requirements for conformity with the Contract specified in §7.3, and has expressly and separately accepted the lack of a specific feature of the Goods.

(5) The Seller shall be liable for non-compliance of the Goods with the Contract resulting from improper installation of the Goods if:

a. it was carried out by or under the responsibility of the Seller;

b. improper installation carried out by the Consumer was due to errors in the instructions provided by the Seller.

(6) The Seller shall be liable for the lack of conformity of the Goods with the Contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. The lack of conformity of the Product with the Contract, which became apparent before the expiration of two years from the time of delivery of the Product, shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the Goods or the nature of the lack of conformity of the Goods with the Contract. The Seller may not rely on the expiration of the time limit for determining the non-conformity of the Goods with the Contract, if the Seller has deceitfully concealed this non-conformity.

(7) If the Goods do not comply with the Agreement, the Consumer may request repair or replacement. At the same time, the Seller may make an exchange when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into conformity with the Contract.

(8) The Seller shall repair or replace within a reasonable time from the moment the Seller is informed by the consumer of the lack of conformity with the Agreement, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The cost of repair or replacement, including, in particular, postage, freight, labor and materials, shall be borne by the Seller. The consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer at his expense. If the Goods were installed before the Goods became incompatible with the contract, the Seller shall disassemble the Goods and reassemble them after repair or replacement, or have these activities performed at its expense. The consumer is not obliged to pay for the ordinary use of the Goods, which were subsequently replaced.

(9) If the Goods are inconsistent with the Contract, the Consumer may make a statement of price reduction or withdrawal from the Contract when:

a. The Seller refused to bring the Goods into conformity with the Contract in accordance with §7.7 of the Terms and Conditions;

b. The Seller has failed to bring the Goods into conformity with the Contract in accordance with §7.8 of the Terms and Conditions;

c. the lack of conformity of the Goods with the Contract continues, even though the Seller has tried to bring the Product into conformity with the Contract;

e. the lack of conformity of the Goods with the Contract is so significant that it justifies a reduction of the price or withdrawal from the Contract without prior use of the means of protection specified in §7.7 and §7.8 of the Regulations;

f. it is clear from the Seller’s statement or circumstances that he will not bring the Product into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer.

(10) The price reduced by the Consumer must remain in such proportion to the price under the Contract as the value of the non-conforming Goods remains to the value of the conforming Goods. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on price reduction.

11 The consumer may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is insignificant. The non-conformity of the Goods with the Contract shall be presumed to be material.

(12) If the non-conformity with the Contract concerns only some of the Goods delivered under the Contract, the Consumer may withdraw from the Contract only with respect to these Goods, as well as with respect to other Goods purchased by the Consumer together with the non-conforming Goods, if the Consumer cannot reasonably be expected to agree to keep only the non-conforming Goods.

(13) In the event of withdrawal from the Contract, the Consumer shall immediately return the Goods to the Seller at his expense. The Seller shall return the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return. The Seller shall refund the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.

14 The consumer may refrain from paying the price until the Seller has performed his obligations under §7. 7 – §7.13.

(15) The provisions indicated in this article shall apply to the Quasi-entrepreneur.

(16) The provisions indicated in this article shall not apply to the Entrepreneur. The provisions on warranty for defects under the rules of the Civil Code apply to the entrepreneur. The period of the Seller’s liability to the Entrepreneur under the warranty for defects is 1 year.

(17) Complaints should be submitted in writing to the Seller’s address given in the Contact Us tab (i.e. Med&Beauty – medical clothing, 439B Dabrowskiego Street, 60-451 Poznan) or electronically through the complaint form, which is located in the “Complaints and Returns” tab.

19 It is recommended that the complaint include, among other things. a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Consumer making the complaint, and the Consumer’s request in connection with the defect of the goods.

20. the Seller – reserves – the possibility of accepting a complaint without the need for the Consumer to send back the Goods.

21.Goods sent back under the complaint procedure should be sent to the address specified in §7.17.

22 The Seller shall respond to the complaint within 14 days of receipt.

§8. [Withdrawal from the contract]

(1) A customer who has entered into a distance contract or an off-premises contract has the right to withdraw from the contract without giving any reason within 100 days.

(2) The running of the period specified in paragraph. 1 begins with the taking of possession of the Product by the Customer or a person other than the carrier designated by the Customer.

(3) In the case of a Contract that includes multiple Products, which are delivered separately, in batches or in parts, the term indicated in paragraph. 1 runs from the taking of possession by the entities indicated in paragraph (1). 2 of the last Product, lot or part.

(4) In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the term indicated in paragraph. 1 runs from the taking of possession by the entities indicated in paragraph (1). 2 of the first of the Products.

(5) The customer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Customer to send a statement before the deadline.

(6) The statement can be sent by traditional mail, electronically by sending a statement to the e-mail address of the Seller. It is recommended to fill out the return form in the “Complaints and Returns” tab. The statement should be sent to the address of the Seller, i.e.. Med&Beauty – medical clothing, ul. Dąbrowskiego 439B, 60-451 Poznań.

(7) If the Customer sends a statement by e-mail, the Seller will immediately send the Customer at the e-mail address provided by the Customer a confirmation of receipt of the statement of withdrawal from the Agreement.

8 Effects of withdrawal from the Agreement:

a. In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.

b. In the event of withdrawal from the Contract, the Seller shall return to the Customer immediately, no later than within 14 days from the date of receipt of the Customer’s statement of withdrawal from the Contract, all payments made by the Customer, including the costs of delivering the item, except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Seller.

c. The seller shall refund the payment using the same method of payment used by the customer, unless the customer has expressly agreed to a different method of refund that does not incur any costs for the customer.

d. The seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.

e. The Customer should send back the Goods to the Seller’s address (Med&Beauty – medical clothing, 439B Dabrowskiego Street, 60-451 Poznan), no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Customer sends back the Product before the expiration of the 14-day period.

f. The Customer shall bear the direct costs of returning the Product, including the costs of returning the Product; however, if due to its nature the Product could not be sent back by mail in the usual manner, and the Customer was previously delivered to the place where he resided at the time of concluding the Contract, the Seller shall be obliged to collect the Product at his expense. In cases where, due to the nature of the Product, it cannot be returned by ordinary mail, information about this fact and about the procedure and costs of returning the Product will be located in the description of the Product in the Store.

g. The Customer shall only be liable for any diminution in the value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Goods.

9.The right to withdraw from a contract concluded at a distance does not apply to the Customer with respect to the Contract:

a. in which the subject of performance is a non-refabricated good, manufactured to the Customer’s specifications or serving to meet his individualized needs,

b. in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery,

c. in which the object of performance is goods that are perishable or have a short shelf life,

d. for the provision of services, if the Seller has fully performed the service with the express and prior consent of the Customer, who was informed before the start of the service, that after the Seller’s performance, he will lose the right to withdraw from the Agreement and has accepted it,

e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the Contract,

f. in which the object of performance is goods, which after delivery, due to their nature, become inseparable from other goods,

g. in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,

h. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery, i. for the provision of daily newspapers, periodicals or magazines, except for a subscription contract,

j. for the delivery of digital content not delivered on a tangible medium, if the performance has begun with the express and prior consent of the customer before the start of the performance, that after the performance of the Seller will lose the right to withdraw from the contract and has acknowledged this, and the Seller has provided the customer with confirmation of this,

k. for the provision of services for which the Customer is obliged to pay the price, where the Customer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the Customer.

§9. [Extrajudicial methods of handling complaints and pursuing claims]

1. Information on the consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php

http://www.uokik.gov.pl/sprawy_indywidualne.php

http://www.uokik.gov.pl/wazne_adresy.php

(2) The consumer has the following examples of out-of-court means of complaint handling and redress:

• Konsument uprawniony jest do zwrócenia się do stałego polubownego sądu konsumenckiego, o którym mowa w art. 37 ustawy z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (Dz.U. z 2014 r. poz. 148 z późn. zm.), z wnioskiem o rozstrzygnięcie sporu wynikłego z Umowy zawartej ze Sprzedawcą.

• Konsument uprawniony jest do zwrócenia się do wojewódzkiego inspektora Inspekcji Handlowej, zgodnie z art. 36 ustawy z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (Dz.U. z 2014 r. poz. 148 z późn. zm.), z wnioskiem o wszczęcie postępowania mediacyjnego w sprawie polubownego zakończenia sporu między Konsumentem a Sprzedawcą.

• A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

§10 [Offer placement]

1. The Seller within the Store may use placement of offers. Placement is understood as the granting of specific visibility to products or the weight given to search results by a Vendor that provides the Internet search function as presented, organized or transmitted regardless of the technological means used.
2. Searching for the Product indicated in the Store’s search engine by the Customer is carried out by presenting the Customer with products that contain phrases adequate to the search terms in their title and content.
3. The parameters that form the basis of the search are intended to facilitate the Customer’s search for the Goods of interest.

§11. [Personal data in the Store]

(1) The administrator of Customers’ personal data collected through the Online Store is the Seller.

(2) Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer agrees – also for marketing purposes.

(3) Recipients of personal data of Customers of the Online Store may be:

a. In the case of a Customer who uses a courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.

b. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

(4) The customer has the right to access and correct the content of his data.

(5) Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the impossibility of concluding this agreement.

§12. [Final provisions]

(1) Contracts concluded through the Online Store are concluded in the Polish language.

2. the Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in the law, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions, changes in the exchange rate, changes in the method of providing services electronically, changes to the data of the Seller.

(3) Amendments to the Regulations shall not affect orders already placed and processed. For orders placed before the amendment of the Regulations – its previous wording shall apply. The Seller shall inform about the intended change on the Store’s website at least 30 days in advance.

(3) Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Provision of Electronic Services; Act on Consumer Rights, Act on Personal Data Protection.