TOPSILMED ONLINE STORE REGULATIONS

 

Definitions

 

Any expressions written herein in capital letters shall have the following meaning

 

  1. Consumer – a natural person performing a legal transaction with the Seller, the object of which is not directly related to his business or professional activity,
  2. Seller – TopsilMed. sp. z o.o. with its registered office in Słubica B 96-321, ul. Graniczna 6, entered into the register of entrepreneurs under the number 0000572262, the registration files of which are kept by the district court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register having a statistical no. (REGON): 362324653 and Tax ID number (NIP): 529-180-73-35,
  3. Customer – a natural person, a legal person or an organizational unit without a legal personality, to whom the Act grants legal capacity; having full capacity to enter into legal transactions. A customer may also be a natural person with limited capacity to enter into legal transactions, provided that the consent of the statutory representative has been obtained and this consent is presented at any request of the Seller,
  4. Customer Account – a collection of resources in the Seller’s IT system, marked with an individual name (login) and secured with a Password provided by the Customer, allowing the Customer to use additional functionalities such as saving and storing information about the Customer’s address data to or accessing the history of Orders and Returns, which constitutes a service provided by electronic means,
  5. Store – an online store run by the Seller at the Internet address https://topsilmed.com/en/shop/, together with all subpages,
  6. Regulations – this document,
  7. Sales Agreement an agreement concluded between a Customer and the Seller through the Store concerning the sales of a Product or Products,
  8. Order – a declaration of will by the Customer submitted using the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller, constituting an offer to conclude a Sales Agreement, submitted by the Customer,
  9. Order Form – an interactive form available in the Store enabling Order placement, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment,
  10. Cart – a component of the Store software, in which the Products selected by the Customer to be purchased are visible; thanks to this component it is also possible to determine and modify Order data, in particular the number of Products,
  11. Product – a movable good available at the Store,
  12. Password – a sequence of alphanumeric characters, necessary for the authorization when obtaining access to the Account, which is defined by the Customer during the creation of the Account. The Customer shall keep the Password strictly confidential (shall not to disclose it to any third parties),

 

Preliminary provisions

 

  1. The Regulations specify the principles of conclusion, performance of and withdrawal from Agreements concluded by Customers with the Seller through the Store and other principles of using the Store.
  2. Information presented in the Store is only an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code, directed by the Seller to Customers, and does not constitute an offer in accordance with the provisions of the Civil Code.
  3. The principles of processing the Customers’ personal data by the Seller have been specified in the privacy policy available in the “Privacy Policy” tab.

 

Contact details

 

  1. The Seller has provided the following contact details:

 

  • contact address: Słubica B 96-321, ul. Graniczna 6,
  • e-mail address, info@topsilmed.com,
  • Phone no.: +46 819 30 75,
  • bank account: Santander Bank Polska SA 861910104827878778080309160001,

 

  1. The Customer may contact the Seller by phone between 7 a.m. and 3 p.m. at the telephone number indicated in paragraph 1 (1.3) above (at the fee in accordance with the operator’s tariff), as well as by e-mail address indicated in § 10 (9.4) below.

 

Technical requirements

 

  1. The following items are indispensable to use the Store, which including browsing through the Store product range and placing Orders for Products:
    • an end device with Internet access and a web browser,
    • an active e-mail account (e-mail),
    • enabled cookies.
  2. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorised actions of any third parties or incompatibility of the Internet Store with the Customer’s technical infrastructure.
  3. The Seller hereby informs that the use of the Store may be associated with the need to incur costs of connection to the Internet (data transmission fee), in accordance with the tariff package of the service provider used by the Customer. Similarly, when contacting the Seller by phone, the Customer may have to incur the costs of telephone call according to the tariff of the operator used by the Customer.
  4. The Seller shall provide technical and organizational measures appropriate to the degree of security risk of Services provided by the Store. The use of the Store is subject to the typical risks associated with the transfer of data over the Internet, such as its dissemination, loss or access to such data by unauthorised persons.

 

Account and other services provided by electronic means

 

  1. The Customer may create an Account in the Store.
  2. To open an Account, the following data must be provided it in the registration form:
    • e-mail address (which is a login),
    • password,
    • name and surname,

and the terms and conditions of these Regulations must also be accepted.

  1. After filling in the registration form, it is possible to add new data and modify the existing data, also to change the Customer Account from a personal account to a corporate account by providing additional data (business name and Tax Id no.).
  2. The Customer can also set up a Customer Account via Facebook.
  3. The agreement for the provision of an Account electronic service Account is concluded at the moment of confirming the data entered during registration (clicking the confirmation in the e-mail sent by the Seller).
  4. The account is provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, remove the Account (resign from the Account) by sending an appropriate request to the Seller to any of the contact addresses of the Seller given in these Regulations.
  5. The Customer Account makes it possible to process orders and returns.
  6. Apart from the Account, the Seller shall provide the following services to Customers by electronic means:
    • the possibility of browsing through the contents of the Store,
    • the possibility to use the Cart and the Order Form.
  7. The use of the Cart starts when the Customer adds the first Product to the Cart. The Cart service is provided free of charge, has a one-off character and is completed at the moment of placing an Order or at the moment of earlier resignation from placing an Order by the Customer. In case of a Customer logged in to the Account, the Cart remembers information about Products selected by the Customer also after the end of the browser session, including logging out, for a period not longer than 7 days, but is not used to book any Products.

 

Orders placed using the Order Form

 

  1. Placing Orders by the Customer for Products within the product range of the Store is possible via the Customer Account or without its opening, by providing the necessary personal data and address in the Order Form.
  2. In order to place an Order, please select the Product being the subject matter of the Order and the necessary parameters, and then click on the button “ADD TO CART”. The product will be added to your Cart. The information shall be then displayed in the upper right corner of the Store that the product has been added to the Cart. It is possible to continue shopping by selecting more Products and adding them to the Cart.
  3. After selecting all Products that are to be the subject matter of the Order, it is necessary to navigate to the Cart icon in the upper right corner of the Store page and then to click on the “SHOW CART” or “GO TO CHECKOUT” button.
  4. If the Customer has clicked on the “SHOW CART” button, he/she will be redirected to the Cart where he/she will see the selected Products that are to be ordered. The Customer may freely modify the subject matter of the Order by removing previously selected Products from the Cart or adding new Products to the Cart, as well as modify the quantity of individual Products.
  5. After pressing the button “GO TO CHECKOUT” the Customer will be redirected to the Order Form, where he/she will be able to modify the selected Products and select the delivery and payment methods as well as to indicate the invoice data.
  6. The Customer may modify the data entered in the Order Form until the button “PLACE AN ORDER WITH A PAYMENT OBLIGATION” is clicked. Clicking on this button constitutes the moment of placing an Order by the Customer.
  7. The Seller shall confirm the availability of the Product and accept the Order by e-mail immediately upon the receipt of the Order. The Sales Agreement shall be concluded upon the confirmation of order acceptance by the Seller.
  8. In case of lack of possibility to execute the Order, the Seller shall contact the Customer in order to inform the Customer about the lack of possibility to execute the Order. If the impossibility of execution concerns only a part of the Customer’s Order, the Customer may decide whether the Order is to be executed in part that is possible to be executed or wants to cancel the order in its entirety. In the event of expressing the will to have the Order executed in part, the Sales Agreement shall be concluded with respect to this part of the Order upon the Seller’s confirmation of his acceptance of the Order in part. In the event of Order cancellation, the Sales Agreement shall not be concluded.
  9. In the event of the lack of possibility to execute the Order, the amount paid by the Customer shall be reimbursed to him/her immediately, however not later than within 14 (fourteen) days. If the lack of possibility of execution concerns only a part of the Order and the Customer has decided to have the remaining part of the Order executed in accordance with paragraph 8 above, only a part of the amount paid shall be reimbursed, corresponding to the value of Products in relation to which the Order will not be executed.

 

 

Prices and payment methods

 

  1. Prices of Products in the Store are given in PLN. These amounts are gross amounts (including VAT).
  2. The final amount payable by the Customer includes the price of the Product and the cost of delivery (including transport, supply and postal services), of which the Customer is informed on the Store website during the Order placement, including the time of expressing the willingness to be bound by the Sales Agreement. The Customer is also obliged to cover the costs of the chosen payment method, if the payment operator charges a fee (e.g. a bank transfer fee).
  3. Unless expressly stated otherwise in the terms and conditions of this promotion, promotions in the Store are not cumulative.
  4. Available payment methods are specified in the Store in the “Payment Methods” tab and are visible in the process of Order placement (in the Order Form). The available payment methods may depend on the delivery method selected by the Customer and the method of placing an Order.
  5. Settlements of electronic payment and payment card transactions are carried out in compliance with the Customer’s choice through authorised operators.
  6. Failure to make payment within 7 (seven) days from the date of placing the Order or refusal to accept the Product shall result in termination of the Sales Agreement.

 

Deliveries

 

  1. The delivery of the Products is payable in the amount indicated in the “Delivery Information” tab and in the Order Form.
  2. The “Delivery Information” tab and the Order Form contain information on the currently available methods of delivery of Products.
  3. The Seller will send the Product within the time limit specified in the Product description in the Store. If one Order covers Products with different delivery dates, the longest delivery date shall be binding. However, the Consumer shall have the right to demand that the order be delivered by instalments.
  4. The period referred to in paragraph 3 shall be counted from the date of crediting the Seller’s bank account, and in the case of choosing cash on delivery payment by the Customer, from the date of concluding the Sales Agreement.
  5. Before picking up the shipment from the post office or from the courier, please check if the packaging has not been damaged during transport. If the packaging shows signs of damage or if the tapes are torn off, please open the package in the presence of a courier or an employee of the postal operator, and then – in the event of damage to the Product – draw up a damage protocol with the participation of the courier or the employee of the postal operator and contact the Seller.
  6. The Seller makes deliveries on the territory of Poland.
  7. The Seller may specify that in the case of Orders with specified parameters, delivery is free of charge. Information in this respect will be available in the “Delivery Information” tab or in the Order Form.

 

Withdrawal from the Agreement.

 

  1. The Customer, who is a Consumer, has the right to withdraw from the agreement within 14 (fourteen) days without giving any reason. The deadline shall be calculated from the date of delivery of the Product to the Consumer or a third party indicated by the Consumer, other than the carrier.
  2. If the Order is executed in parts, the time limit shall be calculated from the delivery of the last part of the Order in accordance with paragraph 1.
  3. The statement of withdrawal may be made in any way – both by traditional mail and e-mail using the contact details of the Seller indicated in the Regulations and on the web pages of the Store. The consumer may use the form attached to the Regulations, but it is not obligatory.
  4. If the statement is sent by the Consumer electronically, the Seller shall immediately send confirmation of receipt of the statement of withdrawal from the Sales Agreement to the Consumer at the e-mail address provided by the Consumer.
  5. Effects of withdrawal from the agreement:
    • in the case of withdrawal from the agreement concluded at a distance, the agreement shall be considered not concluded;
    • in the case of withdrawal from the agreement, the Seller shall return to the Consumer immediately, however no later than within 14 days of the receipt of the Consumer’s statement on withdrawal from the agreement, all payments made by the Consumer, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest, ordinary method of delivery offered by the Seller).
  6. The Seller shall make a payment refund in the same manner of payment as used by the Consumer, unless the Consumer has expressly agreed to another means of reimbursement which does not impose any costs on the Consumer.
  7. The Seller may suspend the refund of payment until the Product is received back or until the proof of return is provided, whichever is the earlier.
  8. The consumer shall return the Product to the Seller’s address specified in these Regulations immediately, however no later than 14 days from the date on which the Consumer informed the Seller of the withdrawal from the Sales Agreement. The deadline shall be met if the Consumer returns the Product before the expiry of the 14-day time limit.
  9. The Consumer shall bear the direct cost of returning the Product.
  10. The Consumer shall only be liable for any reduction in the value of the Product resulting from the use of the Product in a manner other than necessary to determine the nature, characteristics and functioning of the Product.
  11. The limitations of the right of withdrawal described in this paragraph, provided for in generally applicable legal provisions do not apply to the Products offered in the Store. Therefore, the Consumer, when concluding a Sales Agreement with the Seller, always has the right to withdraw from it.

 

Complaints, Warranty and Dispute Resolution

 

  1. The Sales Agreement covers new Products.
  2. The Seller shall deliver defect-free goods to the Customer.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to complain on the basis of the warranty provisions contained in generally applicable legal regulations, in particular the Civil Code (Article 556 et seq.).
  4. A complaint shall be submitted in writing or by electronic means to the Seller’s addresses specified in these Regulations.
  5. It is recommended that the complaint should include, among others, a brief description of the defect, the circumstances (including the date) of the occurrence, the data of the Customer submitting the complaint, and the Customer’s request in connection with the Product defect.
  6. The Seller shall respond to a request under the complaint promptly, however no later than within 14 days, and if he does not do so within that time limit, it is considered that the Customer’s request is justified.
  7. Goods returned under the complaint procedure shall be sent bý́ to the address specified in § 3 (1.1). of these Regulations.
  8. Detailed information concerning the Consumer’s access to out-of-court complaint processing and redress procedures and the rules of access to these procedures are available at the offices and on the websites of county (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office for Competition and Consumer Protection:

 

  • http://www.uokik.gov.pl/spory_konsumerckie.php,
  • http://www.uokik.gov.pl/sprawy_individual.php,
  • http://www.uokik.gov.pl/wazne_adresy.php.

 

  1. The Consumer shall have the following examples of out-of-court complaint review and redress procedures:
    • The Consumer is entitled to apply to the permanent arbitration consumer court referred to in Article 37 of the Act of 15th December 2000 on Commercial Inspection (Polish Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from an agreement concluded with the Seller,
    • The consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15th December 2000 on Commercial Inspection (Polish Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings on the amicable settlement of a dispute between the Consumer and the Seller,
    • The consumer may obtain free of charge assistance in resolving a dispute between him/her and the Seller, also with the help of a county (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers),
    • The Consumer may make use of electronic means through the EU ODR platform for complaints and redress in relation to the concluded agreement. The platform can be found at http://ec.europa.eu/consumers/odr/. Our e-mail address is: info@topsilmed.com
  2. If, as a result of the complaint procedure concerning a complaint made by the Consumer, no solution to the disputed issue is found, the Seller shall provide the Consumer with a statement of consent or lack of consent to participate in the procedure for out-of-court settlement of consumer disputes on paper or another durable medium. The authorised entity is the Commercial Inspection.
  3. In the case of a Customer who is not a Consumer, the Seller’s liability under the warranty shall be excluded.

 

Right to contents

 

  1. Exclusive rights to any contents made available within the Store by the Seller or its contractors, in particular graphics, trademarks, photos and other graphic elements and software are subject to legal protection and are vested in the Seller or entities with which the Seller has concluded appropriate agreements. The Customer is entitled to use the above contents free of charge in order to properly use the Store. The use of contents in any other scope is permitted only on the basis of express written consent granted by an authorized entity under pain of nullity.
  2. All manuals published on the Store website are of a general informational nature only and may not be suitable for every situation. The Seller shall therefore not be liable for the consequences of following the advice contained therein. The Customer may use the information contained in the Manuals section only for his/ her own personal use.
  3. By placing any content, in particular graphics, comments, opinions or statements, the Customer hereby grants the Seller a non-exclusive, free of charge licence to use, record in computer memory, change, delete, supplement, perform publicly, display publicly, multiply and disseminate (especially on the Internet) this contents on the territory of the whole world and declares that he/she has the right to use the aforementioned content in this scope of granting the licence to the Seller.

 

Additional obligations of the Customer

 

  1. Irrespective of other provisions of the Regulations, the Customer shall:
    • provide all necessary Customer’s data which are true and updated,
    • update the data contained on the Account,
    • use the services and functionalities made available in the Store in a manner that does not interfere with the functioning of the Seller, the Store and does not infringe upon the rights of the Seller or other Customers, and not burdensome for them, in relation to which the Customer shall not provide and shall not transmit any contents prohibited by the provisions of applicable law in the Store, in particular any contents that infringes upon the proprietary copyrights of any third parties or their personal rights,
    • not take any actions aimed at obtaining any information contained in the Store and not intended for him/ her,
    • not modify the information provided by the Seller,
    • not use the functionality of the Store for placing commercial or other marketing information.

 

Provisions concerning Customers who are not consumers

 

  1. The provisions of this section shall apply only to Customers who are not Consumers.
  2. Settlement of disputes related to the operation of the Store and Orders placed in the Store between the Seller and the Customer shall be subject to the local court having jurisdiction over the Seller’s registered office.
  3. The Seller shall have the right to withdraw from the Sales Agreement within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reasons and does not give rise to any claims on the part of the Customer against the Seller.
  4. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass onto the Customer. In such case, the Seller shall not be liable for any loss, shortage or damage to the Product arising from its acceptance for carriage until its delivery to the Customer and for any delay in shipment.
  5. Pursuant to Article 558 (1) of the Civil Code, the Seller’s liability under the warranty for the Product shall be excluded.
  6. The Seller may terminate the agreement for the provision of Account services with immediate effect and without indicating reasons by sending the Customer an appropriate statement.
  7. Neither the Seller shall be liable towards the Customer for any damage, including loss of profits, unless the damage was caused intentionally by him.

 

Termination of the service agreement and amendments to the regulations

 

  1. The Seller may terminate the agreement on the provision of electronic services concluded under the Regulations upon two weeks’ notice in the case of:
    • Amendments to the rules governing the provision of electronic services affecting the mutual rights and obligations of the Seller and the Customer or a change in the interpretation of such rules as a result of court rulings, decisions, recommendations or advice of competent authorities or bodies in a given scope,
    • changes to the scope of services to which the provisions of the Regulations apply, through the introduction of new, modification or withdrawal of existing functionalities by the Seller or a change to the technical/technological manner of providing such services,
  2. The Seller may terminate the agreement on the provision of electronic services concluded on the basis of the Regulations without a notice period or limit access to individual functionalities of the Store, including Orders placement in the event of breach by the Customer of the terms and conditions of § 13.1 of the Regulations or in the event of using the contents of the Regulations in violation of § 12.1.
  3. The Seller shall send the statement on termination of the agreement or limitation of access to certain functionalities to the e-mail address assigned to the Account. The Customer may request that blocked functions be restored or a consent be granted to renewed conclusion of the Agreement.
  4. The Seller may change the Regulations at any time. In such case, the following rules shall apply:
    • The Seller shall make the contents of the new Regulations available to Customers holding an Account at least 14 (fourteen) days before the date of entry into force of the new Regulations by sending the new contents of the Regulations to the e-mail address assigned to the Account, indicating at the same time the date of entry into force of the new Regulations. If the Customer does not agree to the change of the Regulations, he/she may terminate the agreement on the provision of the Account service before the new Regulations enter into force.
    • Orders placed before the amendment to the Regulations shall be governed by the Regulations in the wording before the amendment.

 

Appendix – a template form of the statement of withdrawal from the Agreement

A TEMPLATE OF WITHDRAWAL FROM THE AGREEMENT

(this form must be completed and returned only in the event of withdrawal)

 

Recipient: TopsilMed Sp. z o.o.

Słubica B, ul. Graniczna 6

96-321 Żabia Wola

 

I hereby would like to inform of my withdrawal from the agreement of sales of the following items: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

Date of Agreement conclusion:

___________________________________________________________________________

Date of item reception:

 

___________________________________________________________________________

Consumer’s first name and surname:

 

___________________________________________________________________________ Consumer address:

___________________________________________________________________________

Consumer’s signature (only if the form is sent as a hard copy):

___________________________________________________________________________

Place and date:

 

___________________________________________________________________________