Store Regulations

Terms and conditions of the online store DR. Martin Schwartz
defining, among other things, the rules of concluding contracts through the Store, containing the most important information about the Seller, the Store and the Consumer’s rights.

TABLE OF CONTENTS

1. Definitions
2. Contact with the Seller
3. Technical requirements
4. Shopping at the Store
5. Payments
6. Order completion
7. Right of withdrawal
8. Exceptions to the right of withdrawal
9. Complaints
10. Personal information
11. Objections

 

Attachment No. 1: Model withdrawal form

§1. DEFINITIONS

Working days – days from Monday to Friday except for public holidays in Poland.

Consumer – a Buyer who is a natural person, buying in the Store or taking actions to make a purchase, without direct connection with his/her business or professional activity.

Account – a digital service, regulated by separate regulations, within the meaning of the Law on Consumer Rights, through which the Buyer can take advantage of additional functions in the Store free of charge.

Buyer – any entity buying from the Store or taking steps to make a purchase.

Privileged Buyer – a Consumer or a Privileged Entrepreneur.

Privileged Entrepreneur – a Buyer who is an individual, concluding or intending to conclude a contract with the Seller under the Terms and Conditions directly related to his business, but not of a professional nature for him.

Regulations – these terms and conditions.

Store – the online store of DR. Martin Schwartz operated by the Seller at www.drmartinschwartz.com.

Vendor – LABB PROSTA SPÓŁKA AKCYJNA with its registered office at Jarosława Iwaszkiewicza 31/11, 10-089 Olsztyn, entered in the National Court Register – Register of Entrepreneurs by the REJON Court in OLSZTYN, VIII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS no. 0001087241, NIP no. 7393996447, REGON no. 52781828000000, share capital 1000,00 PLN, paid-up capital 1000,00 PLN, share capital 1000,00 PLN.

Consumer Rights Act – Polish Act of May 30, 2014 on consumer rights.

§2. CONTACT WITH THE SELLER

Postal address: ul. Jaroslaw Iwaszkiewicza 31/11, 10-089 Olsztyn

E-mail address: info@drmartinschwartz.com

Phone: +48503506888

The cost of a telephone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or ISP used by the Buyer.

§3. TECHNICAL REQUIREMENTS

For proper operation of the Store you need:

• a device with access to the Internet
• a web browser that supports JavaScript and cookies.

For placing an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

§4. SHOPPING IN THE STORE

Product prices shown in the Store are the total prices for the product.

The Seller points out that the total price of an order consists of the indicated in the Store: the price for the product and, if applicable, the cost of delivery of the goods.

The product selected for purchase must be added to the shopping cart in the Store.

The Buyer then chooses the method of delivery of the goods and the method of payment for the order from among the options available in the Store, and provides the data necessary to complete the placed order.

The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.

Placing an order is the same as concluding a contract between the Buyer and the Seller.

The Buyer may register with the Store, i.e. create an Account therein, or make purchases without registering by providing his/her data with each possible order.

§5. PAYMENTS

The following payment methods are available in the Store:

• simple transfer to the Seller’s bank account
• by payment card:
  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro
• via payment platform:
  • Przelewy24

If the Buyer chooses to pay in advance, the order must be paid for within 7 Business Days of placing the order.

By purchasing from the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§6. ORDER EXECUTION

The time limit for order fulfillment is 2 Business Days. If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after payment.

Countries on the territory of which the delivery is carried out:

• Poland
• All countries of the European Union
• United Arab Emirates
• Saudi Arabia

The following delivery methods are available in the Store:

• via courier service;
• to InPost parcel machines.

§7. RIGHT OF WITHDRAWAL FROM THE CONTRACT

A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.

The term to withdraw from the contract expires after 14 days from the day:

• on which the Priority Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
• on which the Priority Buyer took possession of the last good, lot or part, or on which a third party other than the carrier and designated by the Priority Buyer took possession of the last good, lot or part, in the case of a contract obligating the transfer of ownership of multiple goods that are delivered separately, in lots or in parts.

In order for the privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or e-mail).

A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.

In order to observe the deadline for withdrawal, it is sufficient for the privileged Buyer to send information regarding the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer’s choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the privileged Buyer’s decision to exercise his right of withdrawal.

The Seller will refund the payment using the same means of payment that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different solution, in any case the privileged Buyer will not incur any fees in connection with the refund.

If the Seller has not offered to collect the goods from the Privileged Buyer itself, the Seller may withhold payment until it has received the goods or until it has been provided with proof of return, whichever event occurs first.

The seller asks to return the goods to the address: Jaroslaw Iwaszkiewicza 31/11 Street, 10-089 Olsztyn immediately, and in any case no later than 14 days from the date on which the Buyer privileged to inform the Seller about withdrawal from the contract of sale. The deadline is met if the privileged Buyer sends back the goods before the expiration of the 14-day period.

The privileged buyer shall bear the direct costs of returning the goods.

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

If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.

In the event that a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§8. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply to a contract:

• in which the subject of performance is a non-refabricated good, produced according to the specifications of a privileged Buyer or serving to meet his individualized needs;
• in which the subject of the performance is goods that are subject to rapid deterioration or have a short shelf life;
• in which the subject of performance is goods delivered in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
• in which the subject of performance are goods, which after delivery, due to their nature, are inseparably combined with other things;
• in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
• for the supply of newspapers, periodicals or magazines, except for a subscription contract;
• 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.

§9. COMPLAINTS

I GENERAL PROVISIONS

The Seller shall be liable to the privileged Buyer for compliance of the performance with the contract, as provided for by generally applicable laws, including in particular the provisions of the Law on Consumer Rights.

The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Regulations.

If a warranty has been granted for the product, information about it, as well as its terms, is available in the Store.

The Seller will respond to the complaint within 14 days of its receipt.

II PREFERRED BUYERS

Goods

In the event of non-conformity of the goods with the contract, the Privileged Buyer has the option of exercising the rights set forth in Section 5a of the Consumer Rights Act.

The Seller shall be liable for the non-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.

Pursuant to the provisions of the Law on Consumer Rights, in case of non-conformity with the contract, the privileged Buyer may demand:

• replacement of the goods,
• repair of the goods.

In addition, the Privileged Buyer may make a statement about:

• price reduction,
• withdraw from the contract

in a situation where:

• The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
• The seller has failed to bring the goods into conformity with the contract in accordance with Article 43d Paragraphs 4-6 of the Consumer Rights Act;
• the lack of conformity of the goods with the contract continues, despite the fact that the Seller has tried to bring the goods into conformity with the contract;
• 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 first using the means of protection specified in Article 43d of the Consumer Rights Act;
• it is clear from the Seller’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
• In the case of goods subject to repair or replacement, the privileged Buyer shall make the goods available to the Seller. The Seller shall collect the goods from the Privileged Buyer at its own expense.
• The privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
• In the event of withdrawal from the contract referred to in this section (concerning goods), the Privileged Buyer shall immediately return the goods to the Seller at the Seller’s expense, to the address of Jaroslaw Iwaszkiewicza 31/11 Street, 10-089 Olsztyn. The Seller shall return the price to the privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
• The Seller shall return to the privileged Buyer 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 privileged Buyer’s statement on price reduction.

 Out-of-court means of complaint handling and claim investigation

The Seller shall inform the Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution. The consumer may use, among others:

• the assistance of the relevant European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. A list of country-specific Consumer Centers can be found at: https://konsument.gov.pl/eck-w-europie/
• the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

In addition, the following forms of support are available in the Republic of Poland:

• mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which one should apply for mediation. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
• assistance of a locally competent permanent conciliatory consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the conciliatory court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php

The preceding provision is for information purposes and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution.

The use of out-of-court means of processing complaints and claims is voluntary for both the Seller and the Consumer.

The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PREFERRED BUYERS

For the avoidance of doubt, the Seller notes that the provision of § 11.7 shall apply to the Seller’s liability to a Buyer other than a Priority Buyer related to a complaint.

§10. PERSONAL DATA

The administrator of personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as recipients of the data – can be found in the privacy policy available at the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – “RODO”.

The purpose of the processing of Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for processing personal data in this case is:

•  the contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
• Seller’s legal obligation related to accounting (Article 6(1)(c) RODO), and
• Vendor’s legitimate interest in processing data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).

Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in the Store.

Buyer’s data provided in connection with purchases in the Store will be processed until:

• the contract concluded between the Buyer and the Seller ceases to be in force;
• there ceases to be a legal obligation on the Seller, obliging him to process Buyer’s data;
• the possibility of vindication of claims by the Buyer or the Seller, related to the contract concluded by the Store ceases;
• the Buyer’s objection to the processing of his personal data will be accepted – in the case where the basis for data processing was the legitimate interest of the Seller
  – whichever is applicable in a given case.

The Buyer has the right to request:

• access to his personal data,
• their rectification,
• deletion,
• restriction of processing,
• transfer of data to another administrator
• as well as the right to:
• object at any time to the processing of data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the Seller).

In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.

If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.

§11. DISCLAIMERS

It is prohibited for the Buyer to provide unlawful content.

Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of fulfilling the order.

All contracts concluded on the basis of these Regulations shall be governed by Polish law, subject to paragraph 4.

The choice of Polish law for contracts concluded on the basis of these Regulations with a Consumer does not abrogate or limit the rights of that Buyer to which he is entitled on the basis of mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide for protection broader than that provided under these Regulations or Polish law – the broader protection shall apply.

Contracts concluded on the basis of these Regulations are concluded in the Polish language.

In the case of a possible dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court will be the court having jurisdiction over the registered office of the Seller.

Any liability of the Seller in relation to a Buyer who is not a privileged Buyer, under a contract concluded through the Store – within the limits allowed by law – is excluded.

 

Appendix No. 1 to the Regulations
Below is a sample withdrawal form, which the Consumer or Privileged Buyer may or may not use:

Attachment No. 1: Model withdrawal form