Statute

ONLINE STORE TERMS AND CONDITIONS

These Regulations define the general conditions, rules and method of sale conducted by Medere Laboratoires Sp. z o. o. with its seat at ul. Plac Wyzwolenia 4/7, 40-423 Katowice, via the online store on mederelab.pl (hereinafter: the “Online Store”).

§ 1

Definitions

Working days – means days of the week from Monday to Friday, excluding public holidays.
Delivery – means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
Supplier – means a courier company with which the Seller cooperates in the delivery of Goods.
Password – means a string of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
Customer – means an entity for which electronic services may be provided in accordance with the Regulations and legal provisions or with which a Sales Agreement may be concluded.
Consumer – means a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.
Login – means the Customer’s individual identification, determined by him, consisting of a string of letters, numbers or other characters, required together with the Password to set up a Customer Account in the Online Store. The login is the correct e-mail address of the Customer.
Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, which the law grants legal capacity, conducts business or professional activity on its own behalf and performs a legal transaction directly related to its business or professional activity.
Regulations – means these regulations.
Registration – means the actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
Seller – means Medere Laboratoires Sp. z o. o. with its seat in Katowice (ul. Mieczyki 14, 40-748 Katowice), entered into the register of entrepreneurs under the number KRS 0000598510, District Court Katowice Wschód in Katowice, VIII Commercial Division of the National Court Register, NIP: 954-276-20- 30 , share capital PLN 5,000.00, e-mail address: [email protected],
Store Website – means the website in the mederelab.pl domain
Goods – means a product presented by the Store Seller via the Store’s Website, which may be the subject of a Sales Agreement.
Durable medium – means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used, and which allows the stored information to be restored unchanged.
Sales contract – means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller.

§ 2

General provisions and the use of the Online Store

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms, logos posted on the Store’s Website (except for logos and photos presented on the Website) Store for the purpose of presenting goods, the copyrights of which belong to third parties) belong to the Seller, and their use may only take place in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types and types of Internet connections. The minimum technical requirements enabling the use of the Store’s Website are a web browser of at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with Javascript enabled, accepting “cookies” and an internet connection o a throughput of at least 256 kbit / s. The Store’s website is optimized for a minimum screen resolution of 1024×768 pixels.
The Seller uses the mechanism of “cookies”, which are saved by the Seller’s server on the hard drive of the Customer’s end device when the Customers use the Store’s Website. The use of “cookies” is aimed at the correct operation of the Store’s Website on the Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not change the configuration of the Customer’s end devices or the software installed on these devices. Each customer may disable the “cookies” mechanism in the web browser of his end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store’s Website.
In order to place an order in the Online Store via the Store’s Website and in order to use the services available on the Store’s Websites, it is necessary for the Customer to have an active e-mail account.
It is forbidden for the Customer to provide illegal content and use by the Customer of the Online Store, the Store’s Website or free services provided by the Seller in a manner that is against the law, decency or infringes the personal rights of third parties.
The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.

§ 3

Registration

In order to create a Customer Account, the Customer is obliged to make a free Registration.
Registration is not necessary to place an order in the Online Store.
In order to register, the Customer should complete the registration form provided by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
During Registration, the Customer may voluntarily consent to the processing of his personal data for marketing purposes by checking the appropriate box in the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer’s personal data, as well as about the known or expected recipients of this data.
The Customer’s consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account service by electronic means. The consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may, for example, be sent to the Seller’s address via e-mail.
After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, an agreement is concluded for the electronic provision of the Customer Account service, and the Customer gains the ability to access the Customer Account and make changes to the data provided during Registration, with the exception of the Login.

§ 4

Orders

The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
The customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
A customer placing an order via the Store’s Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the “Add to cart” command under the given Goods presented on the Shop Website. After completing the entire order and indicating the method of Delivery and payment method in the “Cart”, the Customer places the order by sending the order form to the Seller, selecting the “go to checkout” button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
By placing an order, the Customer submits an offer to the Seller to conclude a Contract for the sale of the Goods being the subject of the order.
After placing the order, the Seller sends the confirmation of its submission to the e-mail address provided by the Customer.
Then, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to in §4 para. 4 above and upon its receipt by the Customer, a Sales Agreement is concluded.
After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a durable medium to the Customer’s e-mail address or in writing to the address provided by the Customer during Registration or placing an order.

§ 5

Payment

The prices on the Store’s Website placed next to the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
The Customer may choose the following forms of payment for the ordered Goods:
1. bank transfer to the Seller’s bank account (in this case, the order will be processed after the Seller sends the confirmation of the order acceptance to the Customer and after the funds are credited to the Seller’s bank account);
  Bank: PKO BP SA
  Account number: 06 1020 2313 0000 3002 0574 8100
2. transfer using the PayU payment system. The customer makes a payment by credit card or bank transfer via the external payment system PayU, operated by PayU SA with its registered office in Poznań.
3. by transfer via the electronic payment system – PayPal, operating at the address: http://www.paypal.com.
If you choose the method of payment, bank transfer, the Customer is obliged to pay the price under the Sales Agreement within 7 days from the date of its conclusion, unless the Sales Agreement provides otherwise.
In case of. ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 491 of the Civil Code.

§ 6

Delivery

After the payment of the order by the Customer, the Seller performs the Delivery on the territory of the Republic of Poland and in the European Union.
The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement between the Seller and the Customer, without defects.
The Seller provides the following methods of Delivery of the Goods:
a) Courier parcel;
b) Parcel locker shipment.
Possible delivery costs are indicated when placing the Order. They depend on the method of delivery and payment chosen by the Customer.
The deadline for delivery of the Goods to the Customer is up to 3-4 Business days, unless a shorter period is specified in the description of the Product or when placing the Order. This deadline should be counted as follows that if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
The date of Delivery and execution of the order indicated on the Store’s Website is counted in Working Days in accordance with §6 para. 5.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
On the day of sending the Goods to the Customer (if the option of personal collection of the Goods has not been selected), the information confirming the sending of the parcel by the Seller is sent to the Customer’s e-mail address.
The Customer should examine the delivered parcel in time and in the manner adopted for parcels of a given type, in the presence of the Supplier’s employee. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier’s employee draws up the appropriate protocol.
The Seller reserves the right to send the VAT invoice by e-mail
In the absence of the Customer at the address indicated by him, given when placing the order as the Delivery address, the Supplier’s employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of the Delivery.

§ 7

Warranty

The Seller provides the Delivery of the Goods free from physical and legal defects. The seller is liable to the customer if the product has a physical or legal defect (warranty).
If the Product has a defect, the Customer may:

a) submit a declaration of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect.

This limitation does not apply if the Product has already been replaced by the Seller did not satisfy the obligation to replace the Product with a non-defective one or remove the defect. The Customer may, instead of the removal of the defect proposed by the Seller, demand that the Product be replaced with a Product free from defects, or instead of the Product replaced, demand that the defect be removed, unless it is impossible to bring the Product into conformity with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.

b) demand replacement of the defective Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with a Product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer.

The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.

The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller.

§ 8

Complaints

Any complaints related to the Goods or the implementation of the Sales Agreement may be sent by the Customer in writing to the Seller’s address.
The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Good or the complaint related to the implementation of the Sales Agreement submitted by the Customer.
The customer may submit a complaint to the seller in connection with the use of free services provided electronically by the seller. The complaint may be submitted in electronic form and sent to the address [email protected] . In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but not later than within 14 days, consider the complaint and provide the Customer with a reply.

§ 9

Personal data protection

The administrator of personal data of Customers provided to the Seller voluntarily as part of the Registration, placing a one-time order and as part of the Seller’s provision of electronic services or under other circumstances specified in the Regulations, is the Seller.
The Seller processes the Customers’ personal data in order to fulfill orders, provide electronic services by the Seller and for other purposes specified in the Regulations. The data is processed only on the basis of legal provisions or consent expressed by the Customer in accordance with applicable law.
The Customer provides his personal data to the Seller voluntarily, with the reservation, however, that failure to provide certain data in the Registration process prevents Registration and setting up a Customer Account and prevents the submission and implementation of the Customer’s order in the case of placing an order without registering a Customer Account.
Anyone who provides the Seller with their personal data has the right to access their content and to correct them.
The Seller provides the option of removing personal data from the collection kept, in particular in the event of deleting the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or has violated applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer’s liability.
The seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use.
The Seller provides personal data of the Supplier’s Customer to the extent necessary to perform the Delivery. If the Customer selects payment via the PayU website, his personal data will be transferred to the extent necessary for the performance of the contract to PayU SA with its registered office in Krakow.

§ 10

Conditions for terminating the contract for the provision of electronic services

A continuous contract for the provision of an Electronic Service may be terminated (e.g. keeping an Account in the Online Store).
The customer may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement, in particular via e-mail to the following address: [email protected] or in writing to the following address: ul. Plac Wyzwolenia 4/7, 40-423 Katowice, within 14 days of receiving the Order.
The Customer and the Seller may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.

§ 11

Complaints procedure

Complaints for non-compliance of the Product with the Sales Agreement:
1. The basis and scope of the Seller’s liability to the Customer who is a natural person, who purchases the Product for purposes not related to professional or business activity, for non-compliance of the Product with the Sales Agreement are specified in particular by the Act on specific terms of consumer sales and amending the Civil Code of July 27, 2002 r. (Journal of Laws No. 141, item 1176 as amended).
2. Notifications of the Product’s non-compliance with the Sales Agreement and the submission of a relevant request may be made, in particular, via e-mail to the following address: [email protected] or in writing to the following address: ul. Liberation Square 4/7, Katowice 40-423.
3. When it is possible and necessary to assess the non-compliance of the Product with the contract, it should be delivered to the following address: ul. Liberation Square 4/7, Katowice 40-423.
4. The Seller will respond to the Customer’s request immediately, no later than within 14 days. The response to the complaint is sent to the address provided by the Customer or in another manner provided by the Customer.
5. In the case of Goods also covered by the guarantee, the Seller informs that the guarantee for the sold consumer goods does not exclude, limit or suspend the rights of the buyer resulting from the non-compliance of the goods with the contract.
6. Information on the dates of notifying the Seller about the non-compliance of the Food Product with the Sales Agreement:
  1. The Customer loses the rights due to the non-compliance of the food with the Sales Agreement, if he does not notify the Seller about it immediately after finding the Product non-compliance with the Sales Agreement, but not later than:
    1. within 3 days from the date of opening the packaging in the case of packaged goods within the meaning of art. 2 point 15 of the Act of September 6, 2001 on prepackaged goods (Journal of Laws No. 128, item
      1. marked with the use-by date or the date of minimum durability, in accordance with the provisions of the Act of May 11, 2001 on the health conditions of food and nutrition (Journal of Laws No. 63, item 634 and No. 128, item 1408 and of 2002 No. No. 135, item 1145 and No. 166, item 1362);
      2. for which no date of minimum durability or use-by date is specified.
    2. within 3 days from the date of sale or receipt of the Goods – in the case of Goods sold in bulk, measured at the place of purchase or delivered to the Customer’s place of residence.
  2. The notification of non-compliance with the Sales Agreement should be made no later than before the date of minimum durability of the Product or its use-by date.
7. The customer may use extrajudicial means of dealing with complaints and redress.
Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Store:
1. Complaints related to the provision of Electronic Services via the Online Store and other complaints related to the operation of the Online Store may be submitted by the Seller, in particular, via e-mail to the address [email protected] or in writing to the following address: ul. Mieczys 14, Katowice 40-748
2. It is recommended to provide in the above e-mail as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details – this will facilitate and speed up the consideration of the complaint by the Seller.
3. Consideration of the complaint by the Seller takes place immediately, not later than within 14 days from the date of receipt of the purchased goods.
4. The Seller’s response to the complaint is sent to the Customer’s e-mail address provided in the complaint or in another way provided by the Customer.

§ 12

The right to withdraw from the contract

A customer who is also a consumer who concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate statement in writing within fourteen (14) days. To meet this deadline, it is enough to send a statement before its expiry. The statement may be sent, in particular, via e-mail to the following address: [email protected] or in writing to the following address: ul. Liberation Square 4/7, Katowice 40-423.
An exemplary model of the withdrawal form from a distance contract is attached as Annex no. 1 to the Regulations.
In the event of withdrawal from the contract, the contract is considered void and the consumer is released from any obligations. What the parties have testified is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, not later than within fourteen days.
The seller will return to the bank account number indicated by the consumer or in another way indicated by the customer.
The fourteen-day period during which the Customer may withdraw from the contract is counted from the date of receipt of the shipment by the Customer, and when the contract concerns the provision of Electronic Services from the date of its conclusion.
The right to withdraw from a distance contract is not entitled to the Customer in the following cases:
1. provision of services commenced, with the consent of the Customer, before the expiry of the period referred to above in points 1 and 5 of this paragraph
2. regarding audio and visual recordings as well as those saved on IT data carriers after the Customer has removed their original packaging;
3. benefit contracts for which the price or remuneration depends solely on the movement of prices in the financial market;
4. services with the properties specified by the Customer in the order placed by him or closely related to his person;
5. services which, due to their nature, cannot be returned or whose subject quickly deteriorates;
6. press delivery;
7. gambling services.

§ 13

Final Provisions

The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store’s Website.
In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably.
Each customer may use extrajudicial means of dealing with complaints and redress. In this regard, it is possible for the Client to use mediation. Lists of permanent mediators and existing mediation centers are submitted and made available by the Presidents of the relevant District Courts.
The Seller reserves the right to amend these Regulations. All orders submitted by the Seller for execution prior to the effective date of the new Regulations are implemented on the basis of the Regulations in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force on the day of publication on the Store’s Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract.
The Regulations enter into force on December 22, 2017.

Zapisz się do newslettera