Online Shop Terms
MULTICARE.COM.PL
Table of Contents:
- General provisions
- Electronic services in the online store
- Conditions for concluding a contract of sale
- Methods and terms of payment for the product
- Product complaint
- Out-of-court ways to deal with complaints and redress and access to these procedures
- Right of withdrawal (applies to sales agreements concluded on December 25, 2014)
- Provisions concerning entrepreneurs
- Final provisions
- Model Withdrawal Form
The www.multicare.com.pl online shop cares about consumer rights. The consumer may not waive the rights conferred on him by the Law on consumer Rights. Provisions of contracts less advantageous to the consumer than the provisions of the Act on consumer rights are invalid and in their place the provisions of the Act on consumer rights shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer's rights under mandatory legal provisions, and any possible doubts should be translated in favour of Consumer. In the event of any non-compliance of the provisions of these Terms and conditions with the above provisions, these provisions shall prevail and be applied.
1. General provisions
1.1. An online shop available at the Internet address www.multicare.com.pl is run by the company MultiCare K. GRZYBACZ entered in the central Register and information on economic activity of the Republic of Poland conducted by the minister The relevant economic area, having: address of the place of business and address for service: UL. Joint 7, 34-730 Missal Dolna, NIP 7371260963, REGON 120332574, email address: biuro@multicare.com.pl
1.2. These terms and conditions are aimed at both consumers and entrepreneurs using the online store (with the exception of point. 9 of the rules, which is aimed exclusively at entrepreneurs).
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the service provider. Personal data is processed for purposes, to the extent and based on the principles indicated in the privacy policy published on the websites of the online store. The provision of personal data is voluntary. Any person whose personal data processing service provider has the right to inspect their contents and the right to update and correct them.
1.4. Definitions:
- Working day – one day from Monday to Friday excluding public holidays.
- Registration form – form available in the online store to create an account.
- Order form – Electronic service, an interactive form available in the online store enabling the placing of an order, in particular by adding products to the electronic basket and defining the terms of the contract of sale, including Method of delivery and payment.
- Client – (1) A natural person with full legal capacity and, in the cases provided for by the provisions generally applicable, a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, the law of which confers legal capacity; -which has concluded or intends to conclude a contract of sale with the seller.
- Civil Code – Law of the Civil Code of 23 April 1964 (OJ 1964 No. 16, item. 93 as amended).
- Account – Electronic service, marked with individual name (login) and password given by the client the collection of resources in the information system of the service provider, in which the data given by the client is collected and information about the complex Orders in the online store.
- NEWSLETTER – Electronic service, electronic distribution service provided by the service provider via e-mail, which allows all users using it to automatically receive from the service provider Recurring content of the next edition of the newsletter containing information about products, news and promotions in the online store.
- Product – A service available in the estore that is the subject of a sales agreement between the customer and the reseller.
- Terms and Conditions – these online shop regulations.
- Online store-Online store of the service provider available at: www.multicare.com.pl
1.5. Seller; Service provider – MULTICARE K. GRZYBACZ entered in the central Register and information on economic activity of the Republic of Poland maintained by the minister responsible for the economy, having: address of the place of business and address For service: UL. Joint 7, 34-730 Missal Dolna, NIP 7371260963, REGON 120332574, email address: biuro@multicare.com.pl
- Sales Agreement – a product execution contract concluded or concluded between the customer and the seller through an online store.
- Electronic service – A service provided electronically by the service provider to the customer via an online store.
- Service Recipient – (1) A natural person with full capacity for legal acts, and in cases provided for by the provisions generally applicable also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, the law of which confers legal capacity; -use or intending the electronic service.
- The Consumer Rights Act, Law – Law of 30 May 2014 On consumer rights (OJ L 158, 30.4.2004, p. 2014 Pos. 827, with ZM.)
- Order-A statement of the client's willingness to be submitted by means of an order form and aimed directly at concluding a product sales agreement with the seller.
2. Electronic services in the online store
2.1. The following electronic services are available in the estore: Order form and Newsletter.
- Order form (available only for products available on the online shop page in the "Buy Now" tab) – placing an order follows the customer's complete two consecutive steps – (1) After completing the order form and (2 A) clicking on the online store page after filling in the order form of the field "Buy and pay" – until this time it is possible to modify the input data yourself (follow the displayed messages and Information available on the online store's website). In the order form it is necessary to provide the customer with the following data: Name, Address (street, house/flat number, postcode, town), e-mail address, contact telephone number and data About the Sales agreement: how you pay. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
- Electronic service The order form is provided free of charge and is one-time and is terminated upon placing an order through it or upon the early cessation of placing the order for its Through the client.
- Newsletter-The use of the newsletter is by selecting the appropriate checkbox in the course of placing an order-upon placing an order the customer is saved in the newsletter.
- The electronic Newsletter service is provided free of charge for an indefinite period. The client has the possibility, at any time and without giving reasons, to unsubscribe from the newsletter (resignation from the newsletter) by sending a suitable request to the service provider, in particular via e-mail at the following address: biuro@multicare.com.pl or in writing to the following address: MultiCare K. Grzybacz; Articular 7, 34-730, Lower Missal.
2.2. The technical requirements necessary to cooperate with the ICT system that the service provider uses: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. And higher, Safari version 5.0 and higher; (4) any screen resolution; (5) Inclusion in the Web browser of the possibility of saving cookies and Javascript.
2.3. The service recipient is obliged to use the online shop in a manner consistent with the law and good manners with regard to respect for personal rights and copyright and intellectual property of the provider and third parties. The customer is obliged to enter data in accordance with the facts. The client is prohibited from providing illegal content.
2.4. Complaint Handling Procedure:
- Complaints relating to the provision of electronic services by the service provider and other complaints related to the operation of the online shop (excluding the complaint procedure of the product, which is indicated in paragraph. 6) The customer may submit, for example:
- In writing to the following address: MULTICARE K. Grzybacz; Articular 7, 34-730
- Electronic means by e-mail to: biuro@multicare.com.pl
- It is recommended to provide the customer with a complaint description: (1) information and circumstances concerning the subject of complaint, in particular the type and date of the irregularity; (2) Requests of the recipient; and (3) the contact details of the complaining party – this will facilitate and expedite the processing of the complaint by the service provider. The requirements given in the preceding sentence are merely recommendations and do not affect the effectiveness of the claims submitted without the recommended description of the complaint.
- Address to the complaint by the service provider shall take place immediately, no later than within 14 calendar days from the date of its submission.
3. Conditions for concluding a contract of sale
3.1. The conclusion of the sale agreement between the customer and the seller occurs after the customer submits an order using the online shop order form in accordance with point. 2.1.1 of the rules. The conclusion of a sales agreement between the customer and the seller can also be made by e-mail – in which case the terms of the sales agreement are individually determined by the customer and the seller before the conclusion of the contract of sale.
3.2. The price of the product shown on the online store is given in Polish zlotys and is the net price plus information about the amount of VAT added to the net price. The total price inclusive of the taxes of the product subject to the contract, and other costs, and if these charges cannot be fixed, the customer shall be informed on the websites of the online store when placing the order, Including at the time the customer expresses the willingness to bind the sale agreement.
3.3. Procedure for concluding a sales agreement in an online store using the order form
- The conclusion of a sales agreement between the customer and the seller follows the customer placing an order in the online shop in accordance with point. 2.1.2 of the terms.
- The seller shall immediately confirm receipt of the order and accept the order for execution. Confirmation of receipt of the order and its acceptance for execution shall be effected by sending the customer an appropriate e-mail to the customer's email address provided at the time of ordering, which includes at least The seller's statements about receipt of the order and its acceptance for execution and confirmation of the conclusion of the contract of sale. When the customer receives the above e-mail, a sales agreement is concluded between the customer and the seller.
3.4. The fixation, security and making available to the customer of the content of the sale agreement shall be made by (1) Making these regulations available on the online shop website and (2) sending the client an e-mail. The content of the sales agreement is further established and secured in the online shop's information system of the seller.
4. Methods and terms of payment for the product
4.1. The seller shall provide the customer with the following payment methods under the sales Agreement:
- Payment by bank transfer to seller's bank account.
- Bank: Mbank
- Account Number: 67 1140 2004 0000 3102 6315 7295
- Cash on delivery.
- Electronic payments and payment by credit card via the service Przelewy24.pl and Blue Media S.A. – Possible current payment methods are set out on the website http://www.przelewy24.pl and https://platnosci.bm.pl/
- The settlement of electronic payments and payment card transactions shall be carried out according to the customer's choice via the service Przelewy24.pl or Blue Media the handling of electronic payments and the payment card leads:
- PL – Company Dialcom24 Sp. z o.o. Based in Poznan (registered address: UL. Kanclerska 15; 60-327 Poznań) entered in the register of Entrepreneurs of the National Court Register under the number 0000306513, registration files kept by the District Court Poznań – New Town and Wilda in Poznań, the share capital of PLN 1.697.000, NIP: 7811733852.
- Blue Media S.A. Located in Sopot on the Warsaw Uprising Street 6, code 81-718. The company was registered in the District Court of Gdańsk-North VIII Commercial Division KRS no 0000320590, NIP 585-13-51-185, REGON 191781561. Share capital 2 000 000 zlotys (paid in full).
- The settlement of electronic payments and payment card transactions shall be carried out according to the customer's choice via the service Przelewy24.pl or Blue Media the handling of electronic payments and the payment card leads:
4.2. Payment Term:
- If the client chooses to pay by bank transfer, electronic payments or payment by credit card, the customer is obliged to make the payment within 7 calendar days from the date of conclusion of the sale agreement. If you pay by card, the delivery period counts from the moment of the transaction's positive authorization.
5. Product complaint
5.1. The seller is obliged to provide the customer with the product without defects.
5.2. The complaint may be submitted by the customer, for example:
- In writing to the following address: MULTICARE K. Grzybacz; Articular 7, 34-730, lower mass;
- In electronic form by e-mail to the following address: biuro@multicare.com.pl;
5.3. It is recommended that the customer provide in the complaint description: (1) information and circumstances relating to the subject of complaint, in particular the type and date of the defect; (2) Customer requests; and (3) the contact details of the complaining person – this will facilitate and expedite the processing of the complaint by the seller. The requirements given in the preceding sentence are merely recommendations and do not affect the effectiveness of the claims submitted without the recommended description of the complaint.
5.4. The seller seller the customer's complaints immediately, no later than within 14 calendar days from the date of its submission.
6. Out-of-court ways to deal with complaints and redress and access to these procedures
6.1. Detailed information on the possibility of the customer who is a consumer of out-of-court means of handling complaints and redress and access to these procedures is available in the premises and on the Internet district (municipal) consumer ombudsmen, social organizations to which the statutory tasks should be consumer protection, provincial inspectorates trade inspection and at the following Internet addresses of the office Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; Http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
6.2. The customer who is a consumer has the following examples of the possibility of using out-of-court means of handling complaints and redress:
- The customer is entitled to ask the permanent arbitration consumer court referred to in article 5. 37 of the Act of 15 December 2000. On trade inspection (OJ L., p. 2001 No 4 pos. 25 by ZM), with a request for settlement of a dispute arising out of the concluded sales agreement. The regulations of the Organization and operation of permanent amicable consumer courts are determined by decree of the Minister of Justice of 25 September 2001. Establishing the Rules of procedure of the Organization and the operation of permanent amicable consumer courts. (OJ 2001, No. 113, item. 1214).
- The customer is entitled to ask the provincial inspector for Trade inspection, in accordance with article 5. 36 of the Act of 15 December 2000. On trade inspection (OJ L., p. 2001 No 4 pos. 25 by ZM), with a request to initiate mediation proceedings for the amicable termination of the dispute between the customer and the seller. Information on the rules and procedures of mediation procedure carried out by the provincial inspector of trade inspection is available in the offices and on the websites of the individual provincial inspectorates of trade inspection.
- The client may obtain free assistance on settlement of the dispute between the customer and the seller, using the free assistance of the district (municipal) Consumer Ombudsman or the social organization to which the statutory tasks should be protected Consumers (m.in. Consumer Federation, Polish Consumer Association). Advice is provided by the Consumer Federation at email porady@dlakonsumentow.pl and by the Association of Polish Consumers under the freephone number 800 889 866 consumer hotline.
7. Right of withdrawal
(Applies to sales agreements concluded on December 25, 2014)
7.1. A consumer who has entered into a distance contract may within 14 calendar days withdraw from it without giving a reason and without incurring the costs. It is sufficient to send the statement before the expiry date. A statement of withdrawal may be made, for example:
- In writing to the following address: MULTICARE K. Grzybacz; Articular 7, 34-730, lower mass;
- In electronic form by e-mail to the following address: biuro@multicare.com.pl;
7.2. An exemplary pattern withdrawal form is contained in appendix 2 to the Act on Consumer rights and is additionally available in point. 11 terms and conditions and on the online store in the "Withdrawal" section. The consumer can use the form template, but this is not obligatory.
7.3. The deadline for withdrawal begins:
- For a contract of sale and for an electronic service contract, from the date of its conclusion;
7.4. In the event of withdrawal from a distance contract, the contract shall be deemed not to be concluded.
7.5. The seller must promptly, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return all payments made by him to the consumer. The seller shall reimburse the payment using the same payment method as the consumer used, unless the consumer has expressly agreed otherwise in the manner of reimbursement which does not entail any costs. If there is a need to return funds for a transaction made by the customer with a payment card, the seller has made a refund to the bank account assigned to the payment card of the contracting authority.
- In the case of a product which is a service which, at the express request of the consumer, commenced before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after the notification of such a request is obliged to pay for Benefits met until the contract is recommenced. The amount of the payment shall be calculated in proportion to the extent of the fulfilled benefit, including the price or remuneration agreed in the contract. Where the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the benefit fulfilled.
7.6. The right of withdrawal from a distance contract shall not be granted to the consumer in respect of contracts:
- (1) For the provision of services, if the seller has performed the service with the express consent of the consumer, who was informed before the commencement of the benefit that, after the seller has satisfied the provision of the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations on the financial market, over which the seller has no control, and which may occur before the expiry of the time limit for withdrawal from the contract; (3) in which the subject of the provision is a prefabricated product, produced according to the consumer's specification or serving to meet its individualised needs; (4) in which the subject of the performance is perishable product or has a short shelf life; (5) in which the subject of the supply is a product delivered in a sealed packaging, which, after opening the package can not be returned due to health protection or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the provision are products which, after delivery, by their nature, are inseparably connected with other items; (7) in which the subject of the provision of alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and whose delivery can take place only after 30 days and whose value depends on fluctuations on the market, over which the seller is not Control; (8) in which the consumer explicitly requested that the seller comes to him for the purpose of urgent repair or maintenance; If the seller provides additional services other than those requested by the consumer, or supplies products other than spare parts necessary to perform the repair or maintenance, the consumer is entitled to withdraw from the agreement in respect of Additional services or products; (9) The subject of the provision of sound or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of services in the scope of accommodation, other than for residential purposes, the carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the agreement is marked day or the duration of the service; (13) for the supply of digital content which is not recorded on a tangible media, if the performance of the benefit commenced with the express consent of the consumer before the expiry of the period for withdrawal from the contract and after informing it by the seller of the loss of rights Withdraw from the contract.
8. Provisions concerning entrepreneurs
8.1. This section of these terms and conditions and the provisions contained therein apply only to customers and recipients who are not consumers.
8.2. The seller is entitled to withdraw from the contract of sale concluded with the client not being a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the contract of sale in this case may occur without giving a reason and shall not give rise to the client non-consumer any claims against the seller.
8.3. In the case of customers who are not consumers, the seller has the right to limit the payment methods available, including requiring prepayment in whole or in part, irrespective of the method of payment chosen by the customer and the fact that the contract was concluded Sales.
8.4. In the case of recipients who are not consumers, the service provider may terminate the contract of sale and the contract for the provision of electronic services with immediate effect and without indicating the reasons by sending the recipient a relevant statement .
8.5. The liability of the service provider/seller in relation to the customer/client not being a consumer, irrespective of its legal basis, is limited-both in the context of a single claim, as well as for all claims in total-up to the amount The price paid in respect of the sale agreement, but not more than the amount of one thousand zlotys. The service provider/vendor shall be liable in relation to the recipient/customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits in relation to Customer/Client not being a consumer.
8.6. Any dispute arising between the seller/service provider and the customer/customer of a non-consumer shall be subject to a court competent for the seat of the seller/service provider.
9. Final provisions
9.1. Contracts concluded through the online store are concluded in Polish.
9.2. Amendment of the rules:
- The service provider reserves the right to revise these Terms and conditions for important reasons it is: amendments to the legislation; Change of payment methods-to the extent that these changes affect the implementation of the provisions of these regulations.
- In the event of a continuous agreement under these terms and conditions (e.g. Provision of electronic Service-account) amended terms and conditions bind the recipient if the requirements set out in article 5 have been complied with. 384 and 384 of the Civil Code, it is the customer has been properly notified of the changes and did not utter the contract within 14 calendar days from the date of notification. In the event that the amendment of the regulations result in the introduction of any new fees or the increase of existing service recipient who is a consumer has the right to withdraw from the contract.
- Where agreements of a different nature are concluded pursuant to these Terms and conditions (e.g. Contract of Sale) changes to the rules will not in any way affect the acquired rights of recipients/customers who are consumers before the date of entry into force of changes of the regulations, in particular changes to the regulations will not affect the already submitted or filed Contracts and concluded, executed or executed sales agreements.
9.3. In matters not regulated by these Regulations, generally applicable Polish law applies, in particular: the Civil Code; Electronic Services Act of 18 July 2002. (OJ 2002 No 144, Item No. 1204 as amended); For sales contracts concluded until 24 December 2014 with consumer customers-the provisions of the Act on the Protection of certain consumer rights and the liability for damage caused by a dangerous product of 2 March 2000. (OJ 2000 No 22, item. 271 as amended) and the Act on special conditions of consumer sales and amending the Civil Code of 27 July 2002. (OJ 2002 No 141, Item No. 1176 as amended); For sales contracts concluded on 25 December 2014 with consumer customers-the provisions of the Act on Consumer Rights of 30 May 2014. (OJ 2014. Item. 827 with ZM.); and other relevant provisions of common law.
10. Model Withdrawal Form
(annex number 2 to the Law on Consumer Rights)
Model Withdrawal Form
(This form must be completed and returned only if you wish to withdraw from the agreement)
Recipient:
.
MULTICARE K. Grzybacz; Ul. Articular 7, 34-730
multicare.com.pl
biuro@multicare.com.pl
– I/We (*) hereby inform/Inform (*) of my/our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) a contract for the work of performing the following items (*)/o provision of the following service (*)
– Date of conclusion of the contract (*)/received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of consumer (s) (only if the form is sent in paper version)
– Date
(*) Delete as appropriate.