TERMS AND CONDITIONS OF THE SKLEP DLA LEKARZA ONLINE SHOP
1. [definitions]
The terms used in the Terms and Conditions of the SKLEP DLA LEKARZA Online Shop mean:
Terms and Conditions – these Terms and Conditions of the SKLEP DLA LEKARZA Online Shop, made available in the public domain on the Internet at www.sklepdlalekarza.com in a form that allows them to be printed and stored;
Website – the website used to provide services by electronic means, available at www.sklepdlalekarza.com, on which the Seller's Goods are presented;
Seller – sklepdlalekarza.com is SKLEP DLA LEKARZA Sp z o.o. with its registered office in Dabrówka (Dopiewo commune, Poznań district, Wielkopolskie province), ul. Jaśminowa 12, 62-070 Dąbrówka (correspondence address: ul. Junikowska 64, 60-163 Poznań), entered in the register of entrepreneurs of the National Court Register by the District Court Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000781158, NIP (tax ID) 7773348909, REGON 383062056, share capital 5,000 zloty;
User – an Entrepreneur, Individual Entrepreneur or Consumer using the services provided by the Seller by electronic means;
Entrepreneur – means a legal person or an organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name, and a natural person conducting business or professional activity in their own name and performing a legal act directly related to their business or professional activity, where the agreement is of a professional nature for that person.
Individual Entrepreneur – means a natural person running a sole proprietorship who concludes an agreement directly related to their business activity, where the content of the agreement shows that it is not of a professional nature for them, resulting in particular from the subject of their business activity as made available under the provisions on the Central Register and Information on Business Activity.
Consumer – means a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
Account – an account created by the User and kept by the Seller in the IT system, available to the User after logging in, in which the data provided by the User are collected and with which the User can, among other things, buy Goods, view the order history and manage data;
Registration Form – a form available on the Website that allows an Account to be created;
Registered User – a User who has created an Account;
Login – the e-mail address provided by the User when registering the Account;
Password – a string of alphanumeric characters necessary to identify the User when accessing the Account, set by the User during the Account registration process;
Agreement for the provision of services by electronic means – an agreement concluded between the User and the Seller on the terms set out in the Terms and Conditions;
Goods – products presented by the Seller on the Website that may be the subject of the Customer's Order, whose description is placed on the Website below the photo of the Goods;
Services – services presented by the Seller on the Website, which can be sold by individual negotiation, whose description is placed on the Website;
Basket – an element of the Website software in which the list of Goods selected by the User for purchase is visible, and in which the Order data, in particular the quantity of Goods, can be set and changed;
Order – a declaration of will made by the User to the Seller via the Website and aimed directly at concluding a Sales Agreement whose subject is the Goods selected by the User;
Customer – a User with whom a Sales Agreement has been concluded;
Sales Agreement – an agreement concluded between the Seller and the Customer in the manner set out in the Terms and Conditions, whose subject is Goods;
Business Days – days from Monday to Friday, excluding public holidays;
Calendar Days – all days of the year, including Saturdays and public holidays;
Delivery of Goods - a contract of carriage concerning the Goods covered by the Sales Agreement;
Force Majeure - an external event independent of the parties to the legal relationship, which the party affected by Force Majeure could not reasonably foresee and could not prevent, and which prevents that party permanently or temporarily from exercising its rights or performing its obligations, in particular under the given legal relationship.
2. [general provisions]
These Terms and Conditions set out the rules for the use of the Website by Users and the rules and procedure for concluding distance Sales Agreements with the Customer via the Website.
3. [contact details]
3.1. Seller's contact details: address: ul. Junikowska 64, 60-163 Poznań, e-mail address: sklep@sklepdlalekarza.pl, telephone number: 61 670 31 96; 61 810 75 01; helpline 801 79 80 81, bank account number: 59 1750 0012 0000 0000 4110 8029.
3.2. The User can communicate with the Seller using the addresses and telephone numbers given in point 3.1 above.
3.3. The User can communicate with the Seller from 8:00 to 16:00 on Business Days.
4. [technical requirements]
4.1. To use the Website, including browsing the range and placing Orders, the following are necessary:
− a terminal device with Internet access and a modern, regularly updated web browser such as: Internet Explorer version 11 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Edge, Safari, on screens with a horizontal resolution above 1024px, ;
− an active e-mail account when creating an Account or placing Orders.
4.2. Using software of other applications that affect the functionality of the browsers listed in point 4.1 above may affect the correct functioning of the Website, so it is recommended to disable such software while using the Website.
5. [general information]
5.1. The Seller, as the administrator of the Website, provides its Users with the following services by electronic means:
- a content display service, allowing the User to browse the Seller's range (Goods and Services) and to calculate the price of Goods and the costs of Delivery of Goods,
- a service enabling Orders to be placed,
- an Account registration and administration service.
5.2. The User should:
- use the Website in accordance with its purpose,
- refrain from providing unlawful content, including content promoting violence, defamatory content or content infringing personal rights and other rights of third parties,
- refrain from any activity that could disrupt its proper functioning, which shall mean in particular:
− interfering with the use of the Website by other Users, including preventing its use;
− interfering with the content or technical nature of the Website,
− sending unsolicited commercial information (SPAM) via the Website or placing it on the Website,
− use the Website only for their own use.
5.3. The Seller is not liable for disruptions, including interruptions in the functioning of the Website caused by Force Majeure, the actions of third parties or the incompatibility of the Website with the User's technical infrastructure.
5.4. If the Website does not work properly, or errors or technical problems occur, the User should report this to the Seller. The Seller will promptly try to restore the proper functioning of the Website.
5.5. All content published on the Website, including trademarks, photos and descriptions of Goods or Services, is legally protected, and using it other than by displaying it on the Website requires the Seller's consent, given in writing under pain of nullity.
5.6. The agreement for the provision of services by electronic means in the scope of displaying content is concluded for the time the User displays the Website and involves no obligations on the part of the User.
6. [creating an Account on the Website]
6.1. Creating an Account is free of charge and requires registration. Registration consists of the following steps:
- filling in the Registration Form on the Website, available after clicking the "Log in" and "Create Account" icons, after the User has entered an e-mail address;
- accepting the Terms and Conditions by ticking the appropriate checkbox,
- declaring that the User has read the Privacy Policy by ticking the appropriate checkbox,
- completing the CAPTCHA declaration "I am not a robot" by ticking the appropriate checkbox,
- clicking the "Register" icon.
6.2. As a result of correct registration, the Website creates an Account for the User, which is confirmed by a welcome message sent to the e-mail address provided by the User during registration.
6.3. The Account is available after logging in. The login is the e-mail address provided by the Registered User during registration. The User logs in by entering the login and the password chosen during Registration and then clicking the "Log in" icon, after completing the CAPTCHA declaration "I am not a robot" by ticking the appropriate checkbox.
6.4. The User may not use other people's Accounts or make their Account available to unauthorised persons. To secure access to the Account, the User sets during registration an access password consisting of at least 5 (five) characters. The Website is not liable for actions performed by unauthorised persons that fall within the scope of Account management.
6.5. Only a natural person who is an Entrepreneur, Individual Entrepreneur or Consumer with full legal capacity may be a Registered User.
6.6. Any Entrepreneur, Individual Entrepreneur or Consumer with full legal capacity may be a User; in the case of Users that are legal persons or organisational units without legal personality, all declarations of will and knowledge in electronic form on behalf of the User may be made only by a duly authorised natural person with full legal capacity.
6.7. When the Account is created, an agreement for the provision of services by electronic means is concluded between the Seller and the Registered User on the terms set out in the Terms and Conditions. The agreement for the provision of services by electronic means is concluded for an indefinite period.
6.8. The Registered User is obliged to update all data placed in their Account whenever they change.
6.9. The Registered User may delete the Account, and thus terminate the agreement for the provision of services by electronic means, at any time; this requires sending a request to delete the Account from the e-mail address provided by the User to the Seller's e-mail address given in point 3.1 above, or in writing to the Seller's address given in point 3.1. A request to delete the Account is equivalent to giving notice of termination of the Agreement for the provision of services by electronic means. The notice period ends on the last day of the calendar month following the month in which the request to delete the Account was sent. This period is the minimum duration of the Registered User's obligations under the agreement for the provision of services by electronic means in the scope of Registration and Account administration.
7. [Goods and Services]
7.1. The Goods presented on the Website are new. If used Goods are presented on the Website, this is stated in the description of the Goods.
7.2. In case of doubt, the information on the Website does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code, but only an invitation to conclude an agreement. In particular, the Seller does not guarantee the availability of Goods or Services in the quantity declared by the Customer.
8. [placing Orders]
8.1. Browsing the range does not require creating an Account on the Website. Orders can be placed after creating an Account or by providing the data necessary to fulfil the Order without creating an Account.
8.2. The product search module is used to find out about the Goods.
8.3. Prices on the Website are given in Polish zloty and include value added tax (VAT). The final amount to be paid by the Customer consists of the price of the Goods and the cost of Delivery of Goods (charges for transport, delivery and postal charges), of which the User is informed on the Website while placing the Order, before expressing the will to be bound by the Sales Agreement.
8.4. Goods are selected by the User choosing the "Add to basket" option after specifying the quantity of Goods. The Goods are then added to the Basket, where the quantity of Goods can be updated by entering the required number, or the Goods can be removed.
8.5. After completing the Basket and before placing the Order, the User chooses the method of delivery of the Goods and the method of payment, with the option of adding comments to the Order, and completes their data, including address data. Registered Users can place an Order using the data provided during registration. Users who are Entrepreneurs or Individual Entrepreneurs are obliged to declare whether they are medical, veterinary or cosmetic professionals, as follows from the subject of their activity disclosed in CEIDG. Making such a declaration means that the Sales Agreement concluded as a result of the Order will be treated as being of a professional nature for the Customer.
8.6. Detailed information on delivery methods and payment methods is available on the Website.
8.7. The Order is placed by clicking the "Order with obligation to pay" icon, after accepting the Terms and Conditions and declaring that the User has read the Privacy Policy. Placing an order is equivalent to concluding a Sales Agreement.
8.8. Information confirming the placing of the Order and the conclusion of the distance Sales Agreement, containing information on the subject of the Order, its price including taxes and the price of Delivery of Goods, is automatically sent by the Website to the e-mail address provided by the Customer. The attachment to this information sent to Consumers will contain the text of the Terms and Conditions in force on the date the Sales Agreement was concluded.
8.9. The condition for fulfilling the Order is the availability of the Goods selected by the Customer. If the Goods selected by the Customer are unavailable, the Seller is entitled to withdraw from the Sales Agreement with regard to the unavailable Goods. The Seller may exercise this right within 3 Business Days of concluding the Sales Agreement. The Customer will be informed promptly of the exercise of the right of withdrawal by an e-mail message to the address provided when placing the Order, and all charges paid by the Customer for the Goods concerned by the withdrawal will be refunded. The Seller may agree with the Customer that the Customer accepts equivalent Goods in place of the Goods concerned by the withdrawal.
8.10. Orders can be placed 24 hours a day, every day of the week.
8.11. A User who has chosen "Pay with Przelewy24" as the payment method is obliged to pay the price of the ordered Goods within 3 Business Days at the latest following the day on which the Order was placed. In the event of delays in payment, the Customer is obliged to inform the Seller, give the expected date of the transfer order and wait for a reply.
8.12. A User who has chosen "Pay by bank transfer" as the payment method is obliged to pay the price of the ordered Goods within 3 Business Days at the latest following the day on which the Order was placed. In the event of delays in payment, the Customer is obliged to inform the Seller, give the expected date of the transfer order and wait for a reply.
8.13. If the Customer does not pay for the Order in accordance with points 8.11 and 8.12 above, the Seller will set the Customer an additional deadline to pay for the Order of at least 3 Business Days, with a warning that if the deadline passes without effect, the Seller will be entitled to withdraw from the Sales Agreement. Information on setting the additional deadline and, if the Order is not paid within the additional deadline, information on withdrawal from the Sales Agreement will be sent to the Customer at the e-mail address provided when placing the Order.8.14. The Seller is not liable for errors made by the Customer when placing the Order.
8.15. The Sales Agreement is concluded until the Order is delivered. The minimum duration of the Customer's obligations under the Sales Agreement is the time until payment for the Order.
9. [delivery]
9.1. Goods are delivered only to an address in Poland indicated by the Customer.
9.2. Delivery of Goods is provided by a third party on the terms set out in a separate set of terms and conditions made available by the transport company:
- Poczta Polska S.A. http://www.poczta-polska.pl/hermes/uploads/2012/07/Regulamin_swiadczenia_powszechnych_uslug_pocztowych.pdf
- DPD Strefa Paczki sp. z o.o. https://www.dpd.com.pl//content/download/1535/13888/file/Regulamin-krajowy.pdf- Inpost S.A. https://inpost.pl/regulaminy.
- DHL https://www.dhl.com.pl/content/dam/downloads/pl/express/pl/shipping/terms_conditions/dhl_express_terms_conditions_domestic_pl_pl.pdf
9.3. Delivery of Goods is subject to a charge, unless the Sales Agreement provides otherwise. The Delivery costs (charges for transport, delivery and postal charges) are shown to the Customer on the Website while placing the Order, before expressing the will to be bound by the Sales Agreement. The Delivery costs depend on the dimensions and weight of the Goods.
9.4. Personal collection at the shop in Poznań, ul. Junikowska 64, is free of charge.
9.5. If the Customer has chosen a method of Delivery of Goods other than personal collection at the shop, the Goods will be sent by the Seller promptly, no later than within 15 Business Days, in the manner chosen by the Customer, provided that if Goods with different dispatch times are ordered, the dispatch time is the longest time given. The dispatch time is counted from the date of notification of the conclusion of the Sales Agreement in the manner indicated in point 8.8 above.
9.6. If the Customer chooses collection at the shop, the Goods will be ready for collection by the Customer promptly, no later than within 15 Business Days from the date of notification of the conclusion of the Sales Agreement in the manner indicated in point 8.8 above, provided that if Goods with different times of readiness for collection are ordered, the time of readiness for collection is the longest time given.
9.7. If the Goods are out of stock, the Seller will notify the Customer and give a new date for dispatch of the Goods or readiness for collection.
9.8. The Customer will be notified of the dispatch of the Goods or their readiness for collection by e-mail to the e-mail address provided.
9.9. The Seller reserves the possibility of delivering Goods in separate batches, without charging additional fees.
9.10. If mechanical damage to the packaging or the Goods is found on Delivery, a complaint report should be drawn up in the presence of a representative of the transport company, in accordance with the transport company's terms and conditions. Detailed guidance on collecting a parcel from the transport company and reporting damage to the Seller is available on the Website in the Safe collection of parcels tab
/en/content/42-safe-collection-of-parcels.
10. [complaints concerning Goods]
10.1. The Seller sells Goods free from defects.
10.2. If a defect is found in the purchased Goods, the Customer has the right to make a complaint, including on the basis of the provisions on the warranty for defects contained in the Civil Code. If the Customer is an Entrepreneur, the parties to the Sales Agreement exclude liability under the warranty for defects.
10.3. A complaint should be submitted in writing or electronically to the Seller's addresses given in point 3.1 of these Terms and Conditions.
10.4. The Seller will respond to the complaint promptly, no later than within 14 days, and if it does not do so within this period, it is deemed to have accepted the complaint as justified.
10.5. Goods returned under the complaint procedure should be sent to the address given in point 3.1 of these Terms and Conditions.
10.6. Where Goods are covered by a manufacturer's guarantee, information on the guarantee is contained in the description of the Goods on the Website, and the Seller will also enclose the guarantee card with the Goods sold.
11. [right of withdrawal]
11.1. A User who is a Consumer or an Individual Entrepreneur may withdraw from the agreement for the provision of services by electronic means within 14 days of its conclusion without giving any reason.
11.2. A Customer who is a Consumer or an Individual Entrepreneur may withdraw from the Sales Agreement within 14 days without giving any reason. The period for withdrawal from the Sales Agreement expires 14 days after the day on which the Customer came into possession of the Goods.
11.3. To withdraw effectively from the Agreement for the provision of services by electronic means or from the Sales Agreement, a statement of withdrawal must be sent to the Seller before the above period expires, by post or to the e-mail address given in point 3.1. The Consumer or Individual Entrepreneur may use the withdrawal form constituting Annex [1] to these Terms and Conditions, but it is not obligatory. If the statement of withdrawal is sent to the e-mail address, the Seller promptly sends confirmation of receipt of this information by e-mail.
11.4. In the event of withdrawal from the Agreement for the provision of electronic services in the scope covering the use of the Account, the User loses the right to use the Account.
11.5. In the event of withdrawal from the Sales Agreement, the Seller refunds all payments received, including the costs of Delivery of Goods (except for additional costs resulting from the chosen method of delivery other than the cheapest standard method of delivery offered by the Seller), promptly and in any event no later than 14 days from the day on which the Seller was informed of the withdrawal from the Sales Agreement. The payment will be refunded using the same means of payment as were used in the original transaction, unless the Consumer or Individual Entrepreneur has agreed to a refund in another way.
11.6. Goods covered by the statement of the Consumer or Individual Entrepreneur on withdrawal from the Sales Agreement should be handed over or sent back to the Seller at the address given in point 3.1 above, promptly and in any event no later than 14 days from the day on which the Seller was informed of the withdrawal from the Sales Agreement. The deadline is met if the Consumer or Individual Entrepreneur sends back the Goods before the 14-day period expires.
The Consumer or Individual Entrepreneur bears the direct costs of returning the Goods. The Seller has the right to withhold the refund until it receives the Goods or until it is provided with proof of their return, whichever occurs first.
11.7. The Consumer or Individual Entrepreneur is liable for any diminished value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
11.8. The right of withdrawal from the Sales Agreement does not apply to Goods supplied in sealed packaging which, once opened by the Consumer or Individual Entrepreneur, cannot be returned for health protection or hygiene reasons, if the Consumer or Individual Entrepreneur opened the packaging after delivery.
12. [personal data protection]
The Seller processes the personal data of Users and Customers on the basis of the applicable law and the Privacy Policy published on the Website.
13. [rights and obligations of the User]
13.1. The User is obliged to use the Website in accordance with the applicable law and the provisions of the Terms and Conditions.
13.2. The User bears sole liability for any damage resulting from their conduct contrary to the law and the provisions of the Terms and Conditions.
14. [complaints concerning the provision of electronic services]
14.1. Complaints related to the provision of electronic services by the Seller can be submitted in writing or by e-mail to the Seller's addresses given in point 3.1 above.
14.2. The complaint should contain:
− a description of the subject of the complaint, in particular the type and circumstances of the irregularity and the date on which it occurred;
− the contact details of the person submitting the complaint.
14.3. The Seller handles the complaint promptly, but no later than within 14 days, and in justified cases within 30 days of its submission. The reply to the complaint will be sent by the same means of communication as was used to submit it.
15. [out-of-court methods of handling complaints and pursuing claims]
15.1. The Consumer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, the Consumer may submit a complaint via the EU online ODR platform available at https://ec.europa.eu/consumers/odr/.
15.2. Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, and the rules for access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, and at the following websites 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
15.3. The Consumer has, for example, the following options for using out-of-court methods of handling complaints and pursuing claims:
- The Consumer is entitled to apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection, with a request to settle a dispute arising from the Agreement concluded with the Seller,
- The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller,
- The Consumer can obtain free assistance in settling a dispute between the Consumer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).
16. [final provisions]
16.1. Agreements for the provision of services by electronic means and Sales Agreements are concluded in Polish.
16.2 The Seller reserves the right to amend the provisions of the Terms and Conditions for important reasons, which may in particular be changes in the law, changes in payment and delivery methods, or changes in the functionality of the Website – to the extent that these changes affect the performance of the provisions of the Terms and Conditions. All changes are made only for the future and do not apply to Sales Agreements concluded before the changes were made. If the Terms and Conditions are amended, the Seller will send the consolidated text of the Terms and Conditions by a message sent to the e-mail address provided by the User during registration, which is equivalent to entering information about the change into the means of electronic communication in such a way that the User can read its content. The amendment to the Terms and Conditions enters into force 14 days after the information is sent. Users have the right to terminate the Agreement for the provision of services by electronic means within 14 days of being notified of the amendment to the Terms and Conditions by contacting the Seller in one of the ways indicated in point 3.1 of the Terms and Conditions. If the User does not submit a notice of termination within this period, it is assumed that they accept such changes.
16.3.In matters not regulated in the Terms and Conditions, the provisions of Polish law apply.
16.4.All rights to the content of the Website are reserved to the Seller.
Annex [1] withdrawal form:
https://sklepdlalekarza.com/forms/pl/odstapienie_od_umowy.pdf
ver. 1.04. dated 4 January 2022
Earlier versions of the documents can be found at:
https://sklepdlalekarza.com/pl/content/category/9-dokumenty-archiwalne