SIGMED ONLINE STORE TERMS AND CONDITIONS
The owner of the online shop operating at www.sigmed.shop, hereinafter referred to as the Shop is the company:
Sigmed Sp. z o.o.
59 Mickiewicza
47-253 Cisek
Poland
Tax ID: 7491497001
Terms used in the Regulations shall mean:
a) Business days - are days from Monday to Friday excluding public holidays;
b) Client - a physical person with full legal capacity, and in cases provided for by generally applicable laws, also a physical person with limited legal capacity; a legal person or an organizational unit without legal personality, which is granted legal capacity by law; - who places an order under the terms of these Regulations.
c) Civil Code - the law dated April 23, 1964;
d) Consumer - a physical person of legal age performing with an entrepreneur a legal action not directly related to its business or professional activity.
e) Account - a part of the Online Store assigned to a given Service Recipient, by means of which he/she can perform certain actions within the Online Store
f) Terms and conditions - this document
g) Seller and Service Provider - Sigmed Sp. z o. o., 59 Mickiewicza, 47-253 Cisek, NIP: 7542750899, KRS: 000169291, info@sigmed.shop.
h) Goods - a product presented in the Online Store, the description of which is available next to each product presented;
i) Agreement for sale - Agreement for sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
j) Services - services provided by the Seller to Customers electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services;
k) Customer - a physical person with full legal capacity, and in cases provided for by generally applicable laws, also a physical person with limited legal capacity; a legal person; or an organizational unit without legal personality, which is granted legal capacity by law; - who uses or intends to use an Electronic Service.
l) Consumer Rights Act - the Act of May 30, 2014 on consumer rights;
m) Order - a declaration of will of the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and number of Goods.
General provisions
1. These Regulations set forth the general terms and conditions, the manner of providing electronic services and sales conducted through www.sigmed.shop
2. These Terms and Conditions are uninterruptedly available on the website www.sigmed.shop in such a way that they can be obtained, reproduced and recorded by printing or saving them to a medium at any time.
3. A condition for starting to use the Shop is to read and fully accept these Regulations. It is understood that reading and acceptance of these Regulations is equivalent to providing information to the consumer by the Entrepreneur, which is referred to in Article 12 of the Act of May 30, 2014 on consumer rights, this information is contained in the following points of the Regulations.
4. The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: computer or mobile device with access to the Internet, access to e-mail, web browser Firefox, Internet Explorer, Chrome, Opera, Safari, enabled Cookies and Javascript in the web browser.
5. The Client / Customer is obliged to:
a) to provide only true, current and all necessary data when registering and ordering on the Online Store, as well as to update them promptly.
b) use the services provided by the Seller in a manner that does not interfere with the functioning of the Seller, the Online Store and other Customers;
c) use of services provided by the Seller in a manner consistent with the provisions of the law and the provisions of the Regulations.
6. As of January 1, 2021, the consumer provisions set forth in these Regulations and the Consumer Rights Act (right of withdrawal, warranty liability, prohibited contractual provisions) shall apply to contracts concluded as of that date also to Customers who are physical persons concluding a contract directly related to their business activity, when it is clear from the content of such contracts that they do not have a professional character. In order to determine whether such a customer has consumer rights under certain circumstances, it is necessary to verify whether the contract concluded is of a professional nature on the basis of the entry of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland.
Services provided electronically
1 Services are provided by the Seller free of charge, 24 hours a day, 7 days a week.
2. the Seller provides the following Electronic Services to Customers via the Online Store: a) User Account;
b) Placing an order and concluding Sales Agreements, under the terms of these Regulations;
3. The use of the User Account is possible after all the following steps are performed by the Customer:
- completing the registration form and accepting the provisions of these Regulations,
- clicking the "Register" field.
4. After registering an Account, the Customer may log in to the Online Store by providing the electronic mail address (e-mail address) and password specified during registration.
5. The contract for the provision of services involving the maintenance of a User's Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to delete the Account or uses the "Delete Account" button.
6. The contract for the provision of Electronic Services consisting of the possibility of placing an Order in the Store is concluded for a definite period of time and is terminated when the Order is placed or when the Customer ceases to place it.
7. The Seller may at any time terminate the Agreement for the Provision of Services with the Customer with 14 days' notice for valid reasons, understood as a change in the laws governing the provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the agreement concluded between the Client/Customer and the Seller or a change in the scope or provision of services to which the provisions of the Regulations apply.
8. In case of violation of the provisions of these Regulations by the Client/Customer, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days' notice.
9. Termination of the Account service agreement by either Party, as well as termination of the Account service agreement with the consent of both Parties, shall not affect the rights acquired by the Parties prior to its termination.
Orders/Agreement of Sale of Goods
1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Contract, as defined in Article 71 of the Civil Code.
2. Orders are accepted by the Sigmed Sp. z o.o. store using the form available on the website (order cart), by phone, e-mail or fax.
3. The selection of ordered goods through the website , by the client is made by adding them to the shopping cart.
4. Through the order cart on the website, orders can be placed 24 hours a day.
5. Telephone orders are accepted on business days from 8:00 am to 4:00 pm.
6. During the process of placing an Order through the shopping cart - until the button "Confirm Order" is pressed - The client has the possibility to modify the entered data and the selection of goods. To do this, follow the messages displayed to the client and the information available on the site.
7. After the client using the Store has entered all the necessary data, a summary of the placed Order will be displayed.
8. The summary of the submitted Order will include information regarding:
a) the subject of the order
b) the unit and total price of the ordered products, including delivery costs and additional costs (if any)
c) the selected method of payment
d) method of delivery
e) delivery time
9. The Client sends an Order to the Seller using the Online Store functionality provided for this purpose, which expresses the obligation to pay. For a Client who does not have an Account, acceptance of the Terms and Conditions is required.
10. In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Contract of Sale of the Goods being the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes the Seller's statement of acceptance of the Client's offer, and at the moment of its receipt by the Client a Contract of Sale is concluded.
11. The sales contract is concluded in the English language.
12. In the event of the impossibility of fulfillment and in other situations specified by law, the relevant provisions of the Civil Code may apply, in particular regarding the obligation to promptly return the benefit to the Consumer.
Shipping/Time of Delivery
1. Orders are carried out throughout the country. Orders from outside the territory of Poland are carried out by prior arrangement.
2. The Store has the right to refuse to process an Order, and the Buyer waives any claims on this account, if the processing of an Order placed outside the territory of Poland could violate the laws of the Republic of Poland, the laws of the European Union or other international regulations in force due to the local jurisdiction of the Store.
3. Delivery of ordered Goods is carried out by courier or own transport. Delivery costs depend on the chosen delivery country, the up to date delivery rates will be shown in the cart. Payment methods: bank wire, PayPal. Free delivery includes orders whose value exceeds 100€ gross.
4. The aforementioned delivery prices do not apply to large-size items, the delivery price of which is listed in the item card. Orders of large-size products are not subject to free delivery. If you order products covered by free delivery and a large-size product, the delivery price of the large-size product applies.
5. The delivery period is from 3 to 9 business days from the day the client sends the order.
6. If it is not possible to deliver the ordered goods on time, the client is immediately informed of this fact.
7. The client at the time of receiving of the parcel (applies to shipment via courier service) should in the presence of the courier delivering the parcel:
- open the parcel
- check its contents
- check the conformity of the items in the parcel with the proof of sale
- check the condition of the delivered items, in particular to ascertain the absence of transport damage
8. In the event of damage in transit, the client may create a damage report in the presence of the courier on the day of delivery of the goods.
Payment methods/Prices
1. Prices of the Goods are given in Euros net (without Vat tax) and gross (with Vat tax).
2. The price listed next to each item is binding at the time the client places an order. The Store reserves the right to change the prices of goods on offer at any time.
3. Periodically conducted promotional actions do not affect the prices of goods in orders placed before the effective date of the change in price, terms of promotional actions or sales.
4. Promotional sales and sales include a limited number of goods and the processing of orders is carried out in the order of receipt of orders for these goods, until the stocks covered by the promotion are exhausted.
5. The client has the option to pay for the purchased goods:
a.) by bank transfer to the bank account number mBank: 23 1140 1788 0000 3909 7600 1001
b) PayPal
6. From the moment of placing an order, we expect payment within 7 days; if the order is not paid, it will be automatically canceled.
7. A VAT invoice or fiscal receipt is issued for each order.
8. For products not included in the tables, please make inquiries.
Entitlement to withdraw from the Agreement
1. A consumer who has concluded a contract at a distance may withdraw from the Agreement for the sale of goods without stating a reason by submitting an appropriate statement within 14 days from the date of delivery of the goods.
2. A consumer who has concluded a remote contract may withdraw from a contract for the provision of services or a contract for the supply of digital content that is not recorded on a tangible medium without stating a reason by submitting an appropriate statement within 14 days from the date of conclusion of the contract.
3. The period for withdrawal from the contract shall begin: 1) for a contract of sale - from taking possession of the goods by the Consumer or a third party other than the carrier designated by the Consumer, and in the case of a contract that includes multiple goods that are delivered separately, in batches or in parts-from taking possession of the last good, batch or part
2) for other contracts - from the date of conclusion of the contract.
4. The client can formulate the statement on his own or use the model statement of withdrawal from the Agreement (Appendix 1).
5. Upon receiving the Consumer's statement of withdrawal from the Contract, the Seller will send an acknowledgement of receipt of the statement of withdrawal to the Consumer's e-mail address.
6. In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to determine the characteristics, features and functionality of the Goods. The return should be made immediately, no later than within 14 days.
7. The purchased Goods should be returned to the Seller's address.
8. The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer.
9. The Seller may withhold reimbursement of payments received from the Client until they receive the item back or the Client provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Client themselves.
10. If the Consumer has chosen a method of delivery of the Goods other than the cheapest common method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
11. The client shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
12. As of January 1, 2021, the consumer provisions of this chapter shall also apply to contracts concluded as of that date to clients who are physical persons entering into a contract directly related to their business activity, when it is clear from the content of such contracts that they do not have a professional character. In order to determine whether such a client has consumer rights under certain circumstances, it is necessary to verify whether the contract concluded is of a professional nature on the basis of the entry of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland.
Exclusion of the right to withdraw from the contract
1. The Consumer's right to withdraw from the Contract is excluded in the case of:
a) provision of services, if the Seller has fully performed the service with the expressed consent of the Consumer, who was informed before the start of the service, that after the fulfillment of provisions by the Seller Consumer will lose the right to withdraw from the Agreement;
b) A contract in which the price or compensation depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Contract;
c) A contract in which the subject of performance is a non-refabricated Goods, manufactured to the Consumer's specifications or serving to meet his individualized needs;
d) A contract in which the object of provision is Goods that are deteriorating rapidly or have a short shelf life;
e) A contract in which the object of provision is Goods delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
f) A contract in which the object of provision is Products, which after delivery, due to their nature, become inseparable from other things;
g) Agreement in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for the repair or maintenance, the right of withdrawal from the Agreement is granted to the Consumer with respect to additional services or Goods;
Complaint procedure
1. The Seller has a sufficiently formalized complaint procedure and recognizes complaints in accordance with this procedure.
2. The Seller undertakes to provide the client with goods without defects.
3. The Seller shall be liable to the Client if the sold Goods have a physical or legal defect (warranty liability) under the terms of Article 556 and following of the Civil Code.
4. Complaints should be sent to the following email address: info@sigmed.shop
5. The complained goods should be sent back to the address: Sigmed Sp. z o.o., 59 Mickiewicza,47-253 Cisek, Poland.
6. It is usually expedient to provide the Seller with the purchased goods together with the complaint, in order to allow the Seller to examine the goods. The returned goods should be accompanied by the proof of purchase and the warranty card, if any.
7. It is recommended that the Client provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the goods into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant.
8. The Seller undertakes to process each complaint within 14 days. In case of deficiencies in the complaint, the Seller will call on the client to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the client.
9. If a client who is a consumer has demanded replacement of an item or removal of a defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it is considered that the demand has been recognized as justified.
10. On the subject of performance of the contract for provision of services by electronic means, the Client may submit complaints to the Seller in connection with the functioning of the Store and use of the Services. Complaints may be submitted in writing to the address indicated in paragraph 4.
11. If a warranty has been provided for the Goods, information about it, as well as its content, will be included next to the description of the Goods in the Store.
Out-of-court ways of dealing with complaints and redress of grievances
1. The Seller informs about the possibility of using out-of-court ways to handle complaints and claims. The use of them is voluntary and can only take place if both parties to the dispute agree to it.
2. Detailed information on the settlement of consumer disputes, including the possibility for the Consumer to use out-of-court procedures for handling complaints, pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (city) consumer advisers, provincial inspectorates of the Commercial Inspection and at the Internet address: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
3. The client, who is a Consumer, has the right, for example, to apply to the permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
4. On the basis of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, we would like to inform you that a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/". The ODR platform is a website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract.
Provisions for Entrepreneurs (B2B)
1. As of January 1, 2021, this chapter does not apply to clients who are physical persons entering into a contract directly related to their business activity, when it is clear from the content of such contracts that they do not have a professional nature for them. In order to determine whether such a client has consumer rights under certain circumstances (including the right of withdrawal, liability under warranty, prohibited contractual provisions), it is necessary to verify whether the concluded contract has a professional character on the basis of the entry of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland.
2. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty to the Client, who is an Entrepreneur, is excluded.
3. The Seller has the right to withdraw from the Sales Agreement concluded with the Entrepreneur within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Client against the Seller.
4. In the case of clients who are entrepreneurs, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the client and the fact of concluding a Sales Agreement.
5. As soon as the Seller releases the goods to the carrier, the benefits and burdens associated with the goods and the danger of accidental loss or damage pass to the Client who is an Entrepreneur. In such a case, the Seller shall not be liable for loss, loss or damage to the goods occurring from the acceptance of the goods for transport until their release to the Client and for any delay in the transportation of the parcel.
6. Settlement of any disputes arising between the Seller and the client, who is an Entrepreneur, shall be submitted to the court having jurisdiction over the registered office of the Seller.
Force majeure clause
1). Neither party shall be liable for failure to perform any of its obligations if such failure is caused by an unforeseeable event beyond its control or a force majeure incident, including but not limited to epidemic, flood, fire, storm, shortage of raw materials, transport strike, partial or total strike, or blockade. The party affected by such events must immediately notify the other party, no later than 10 business days after the occurrence of said event.
2. The parties agree that they shall jointly endeavor to fulfill the obligation to the best of their ability during the persistence of such events.
3. This clause shall not limit consumer rights in any way.
Protection of personal data
1. The Seller shall collect and process the personal data provided by clients in accordance with applicable laws and in accordance with the Privacy Policy.
2. The Seller shall apply appropriate technical and organizational measures to ensure the protection of the processed personal data.
3. Additional explanations regarding the protection of personal data are contained in the "Privacy Policy" tab available on the Website.
Final provisions
1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Regulations.
2. The law applicable to contracts with clients is Polish law. The United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on April 11, 1980, does not apply.
3. The choice of Polish law as applicable does not deprive clients, who are consumers, of the protection provided for them by the law of their habitual residence in the EU.
4. In matters not covered by these regulations, Polish regulations shall apply.
5. Each Client will be informed of any changes to these Terms and Conditions through information on the main page of the Online Store containing a summary of the changes and their effective date. Clients with an Account will additionally be informed of the changes with their summary to the e-mail address they have indicated. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Client with a Client Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.
Attachment No. 1: Withdrawal form