RULES OF THE INTERNET SHOP
1. General provisions
1.1. The online store available at phdoctorlab.cz (hereinafter " Online Store ") is run by PH DOCTOR N&D WIŚNIEWSCY S.K.A. based in Wyszków (address: Fryderyka Chopina 13 / U2, 07-200 Wyszków), entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000951237, NIP: 7622012301, REGON: 388686123.
1.2. These regulations (hereinafter " Regulations ") define the rules of using the Store, the conditions for placing orders for products available in the Online Store, the time and rules of order fulfillment, terms and forms of payment, the Customer's right to cancel the order and withdraw from the contract and the rules for submitting and considering complaints.
1.3. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs.
1.4. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes, for a period and based on the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.5 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.
1.6 The Online Store, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in the functioning, in particular caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
1.7 Browsing the assortment of the Online Store does not require registration.
1.8 All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the website of the Online Store, as well as to patterns, forms, logos posted on the Online Store website belong to the Seller, and their use may take place only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
2. Definitions
2.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
2.2. Your Ph.Doctor - the tab of the Online Store website available at the link https://phdoctorlab.cz constituting an integral part of the Regulations.
2.3.ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment
2.4. CLIENT; SERVICE RECIPIENT -
(1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity;
(2) legal entity;
(3) an organizational unit without legal personality, to which the law recognizes legal capacity;
- who concluded or intends to conclude a Sales Agreement with the Seller.
2.5. CIVIL CODE - Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
2.6. NEWSLETTER - an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
2.7. PRODUCT - a movable item available in the Online Store which is or is to be the subject of the Sales Agreement between the Customer and the Seller.
2.8. REGULATIONS - these regulations of the Online Store.
2.9. ONLINE STORE - the Service Provider's online store available at the following internet address: phdoctorlab.cz
2.10. SELLER; SERVICE PROVIDER - PH DOCTOR N&D WIŚNIEWSCY S.K.A. based in Wyszków (address: Fryderyka Chopina 13 / U2, 07-200 Wyszków), entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000951237, NIP: 7622012301, REGON: 388686123, email: phdoctor@phdoctorlab.cz
2.11. SALES AGREEMENT - a contract for the sale of a Product concluded remotely between the Customer and the Seller via the Online Store.
2.12. CONSUMER RIGHTS ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
2.13. ORDER - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2.14. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
3. Payment methods under the Sales Agreement
3.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
3.1.1. Payments are handled by "Polskie ePłatności" limited liability company based in Tajęcina (formerly "Paylane" sp. Z o.o.), address: Tajęcina 113, 36-002 Jasionka, KRS: 0000227278, NIP 5862141089 and REGON 220010531.
3.1.2. Payments are handled by PayPal - PayPal (Europe) S.à r.l. & Cie, S.C.A with its registered office at L-1150 in Luxembourg - holding a valid license as a Luxembourg credit institution within the meaning of Article 2 of the Financial Sector Act of April 5, 1993, as amended, and is closely supervised by the Luxembourg supervisory authority, Commission de Surveillance du Secteur Financier (Financial Sector Supervision Commission). PayPal Inc. is the parent company of PayPal (Europe) S.à r.l. & Cie, S.C.A. Its headquarters are in the United States of California.
3.1.3. Payments are handled by PayU - PayU S.A. with headquarters in Poznań, 60-166 Poznań, at ul.Grunwaldzka 186 - national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under the number IP1 / 2012, entered in the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000274399, with a share capital of PLN 4,944,000, fully paid up, with a tax identification number NIP: 7792308495, REGON: 300523444.
3.2. In order to process the order by the Online Store, the Customer is obliged to pay for the order immediately after completing the Order Form on the Online Store website and pressing the appropriate field redirecting to the selected payment method. Otherwise, the order will be automatically canceled.
3.3. The Buyer, at the latest at the time of placing the Order, is obliged to read the Regulations and accept its content.
4. Electronic services in the Online Store
4.1. The following Electronic Services are available in the Online Store: Order Form, Newsletter.
4.1.1 Newsletter - The customer may agree to receive the Newsletter. The newsletter is sent only to customers who have ordered the Newsletter by subscribing to it on the website phdoctorlab.cz , providing their e-mail address, and agreed to receive it at the e-mail address provided ( e-mail address) commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended). As part of the Newsletter service, information is sent via e-mail to the e-mail address provided by the Customer in the form of an electronic letter (e-mail). The newsletter contains, in particular, information about the offer of Ph Doctor Lab sp.z o.o. products, new offers, current promotions, competitions and other marketing information. The newsletter is sent free of charge. The customer may at any time, without giving a reason and without incurring costs, change the indicated e-mail address (e-mail address) to which the Newsletter is sent or unsubscribe from the Newsletter by clicking on the Newsletter link in the footer of each Newsletter, entering in the appropriate field your e-mail address (e-mail address), and then by selecting the "Unsubscribe" button.
4.1.2 Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps - (1) completing the Order Form on the Online Store website and (2) pressing the appropriate field redirecting to the selected method of payment for the Order. In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide, inter alia, the entrepreneur's company and tax identification number. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
5. Technical requirements
5.1.To use the Online Store, including browsing the Online Store's assortment and placing Orders, you need: (a) end devices with Internet access and a web browser (computer, laptop, smartphone or other device with Internet access), (b) an active e-mail account (e-mail), (c) enabled cookies in the web browser and Javascript. The website of the Online Store is optimized for a minimum screen resolution of 1024 × 768 pixels.
5.2. Minimum technical requirements enabling the use of the Online Store:
(a) the latest version of the web browser available, (b) internet connection with a bandwidth of at least 256 kbit / s.
6. Prohibition from providing illegal content by the Service Recipient
6.1. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter factually correct data. The Service Recipient is prohibited from providing illegal content and using the Online Store or the Seller's website in a manner that is against the law, decency or violates the personal rights of third parties.
7. The complaint procedure for Electronic Services
7.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 9 of the Regulations), the Service Recipient may submit, in particular, via the contact form available in the Online Store in the "Contact" tab "Or in writing to the following address: ul. Fryderyka Chopina 13 / U2, 07-200 Wyszków.
7.2. A complaint regarding the Newsletter service or other services provided electronically should include in particular: a description of the matter to which the complaint relates, the e-mail address (e-mail address) provided during the registration of the Customer's account or in the Order Form and the current e-mail address (e-mail address). ) or the correspondence address to which the response to the complaint is to be sent, if the Customer wishes to receive a response to the complaint via post or e-mail to an address other than the e-mail address (e-mail address) provided during registration of the Customer's account or in the Order Form, as well as the Customer's preferred method of informing about the method of considering the complaint. Consideration of the complaint and provision of a response on the manner of its consideration will be made immediately, not later than within 14 days from the date of filing the complaint. The Customer will be informed about the method of considering the complaint in accordance with the data provided in the complaint.
8. The conditions for concluding the Sales Agreement and for the implementation of the Order. The cost, methods and delivery date of Product
8.1. The information contained on the website of the Online Store 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. By placing an Order, the Customer submits an offer to the Seller to conclude a Sales Agreement for the Products being the subject of the Order.
8.2. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed and paid for the Order using the Order Form.
8.3.The price of the Product shown on the website of the Online Store is gross and is given in Polish zlotys including taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs and other costs, and if the amount of these fees cannot be determined - o the obligation to pay them, the Customer is informed on the website of the Online Store when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
8.4. The procedure for concluding a Sales Agreement in the Online Store using the Order Form:
8.4.1 After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. . Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
8.4.2 Payment methods for the Order are described in point 3 of the Regulations.
8.4.3 In the case of normal and proper functioning of the courier delivery market, the Product delivery date for domestic shipments is up to 14 Business Days from the date of crediting the Seller's bank account, and for foreign shipments it is up to 30 Business Days from the date of crediting the Seller's bank account. During the pre-holiday and holiday season, the date of delivery of parcels may be extended. In the case of "pre-orders" and orders organized as part of promotional campaigns, separate delivery dates apply, specified individually by the Seller on the Online Store website in specific cases.
8.5. Consolidation, security and making available to the Customer the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 8.4.1. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
8.6. Electronic orders can be placed 24 hours a day throughout the year. Orders placed on Saturdays, Sundays and public holidays will be processed from the morning of the next business day.
8.7. It is allowed to temporarily suspend the operations of the Online Store for the purpose of carrying out maintenance, development and modernization works.
8.8. In the event that the implementation of part of the Order is not possible, the Online Store may offer the Customer:
8.8.1. cancellation of the entire order (if this option is selected by the Customer, the Online Store will be released from the obligation to perform the Order);
8.8.2. cancellation of the Order in the part where the implementation is not possible within the prescribed period (if this option is selected by the Customer, the order will be completed in part, while the Store will be released from the obligation to perform it in the remaining scope);
8.8.3. implementation of a replacement service, which will be confirmed with the Customer. An order based on a replacement service, after approval by the Customer, will be treated as final;
8.8.4.division of the Order and setting a new deadline for the implementation of this part of the Order, the implementation of which is not possible within the originally set deadline (if the Customer chooses this option, sending the Products constituting the Order will be made in several separate shipments, and the Customer will incur additional costs related to the division of the Order into several shipments)
8.9. In the absence of the ordered Product in the Online Store or the inability to complete the Customer's Order for other reasons, the Online Store will inform the Customer about it by sending information to the e-mail address provided during registration within 7 (seven) days from the date of the Sale Agreement.
8.10. If the payment for the subject of the Order, which could not be completed in full or in part, was made in advance, the Online Store will refund the Customer the amount paid (or the difference) within 14 (fourteen) days from the date of sending the information, on the terms set out in point 3 of this Of the Regulations. In justified cases, it is allowed that the settlement between the Seller and the Customer also takes place via payments made to the bank account of the Seller or the Customer, respectively.
8.11. If the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, the Store shall not be liable for failure to deliver or delay in delivering the subject of the Order to the fullest extent permitted by law. If the Seller and the Customer agree to re-ship the Product by the Seller, the Customer shall bear the cost of re-shipment.
8.12. The Online Store serves customers in the territory of the European Union and Great Britain.
8.13. The Online Store reserves the right to change the prices of goods in the Store, introduce new ones for sale, carry out and cancel promotional campaigns, or introduce changes to them in accordance with the provisions of the Civil Code and other applicable law, while such changes do not violate the rights of persons who concluded Sales Agreements for Products offered by the Online Store before making the above-mentioned changes or rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.
8.14. The Online Store provides the Customer with the method of delivery of the Product only via courier. When collecting the parcel delivered by the courier, the Customer is obliged to examine the delivered parcel in the presence of an employee of the courier company. In the event of a loss or damage to the parcel, the Customer is obliged to draw up a damage report together with the courier, in two identical copies signed by the Customer and the courier.
8.15. The Online Store does not execute Orders via parcel machines.
8.16. The entity responsible for courier deliveries in Great Britain is Ph Doctor Lab sp.z o.o., ul. Fryderyka Chopina 13 / U2, 07-200 Wyszków, NIP: 7622009049, KRS: 0000808238, REGON: 384604364.
8.17. The courier costs are:
- in Poland: PLN 15,
- in the European Union (outside Poland): PLN 60,
- to Great Britain: PLN 129.
9. Product complaint
9.1. The Seller is obliged to provide the Customer with a Product without defects.
9.2. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code.
9.3. The complaint may be submitted by the Customer, among others:
9.3.1.via the contact form available in the Online Store in the "Contact" tab;
93.2. in writing to the following address: ul. Fryderyka Chopina 13 / U2, 07-200 Wyszków.
9.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
9.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission.
9.6. The reimbursement is made in the same way as the payment method chosen by the Customer. In justified cases, it is allowed that the settlement between the Seller and the Customer also takes place via payments made to the bank account of the Seller or the Customer, respectively.
9.7. If the buyer is not a consumer, liability under the warranty is excluded.
9.8. Liability under the warranty is also excluded in the case of a natural person concluding a contract directly related to his business activity, when the content of the contract shows that he does not have a professional nature for that person, resulting in particular from the subject of his business activity, made available on on the basis of the provisions on the Central Register and Information on Economic Activity.
10. Out-of-court methods of dealing with complaints and redress and rules of access to these procedures
10.1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at:
https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
10.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: adr@uokik.gov.pl or a written address: Plac Powstańców Warszawy 1, 00-030 Warszawa), whose task is, among others, to assist consumers in matters relating to out-of-court resolution of consumer disputes.
10.3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: (1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/ ); (2) an application for an out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at finans@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the hotline is open on Working Days, 8 hours: 00-18: 00, connection fee according to the operator's tariff).
10.4. At http: //ec.europa.eu / consumers / odr there is a platform for an online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations resulting from the online sales contract or the contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php ).
11. Consumer's right to withdraw from the Sales Agreement
11.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 11.6 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the Sales Agreement may be submitted in accordance with the withdrawal template provided on the form provided by the Seller on the website of the Online Store. The declaration of withdrawal may be sent via the contact form available in the Online Store in the "Contact" tab or in writing to the following address: ul. Fryderyka Chopina 13 / U2, 07-200 Wyszków.
11.2. The period for withdrawing from the Sales Agreement begins:
11.2.1 for a contract in the performance of which the Seller releases the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period - from taking possession of the first of the Products ;
11.2.2 for other contracts - from the day of concluding the contract.
11.3. In the event of withdrawal from a Distance Sale Agreement, the contract is considered void.
11.4. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the Sales Agreement, return the payment made by him for the Product to the consumer. The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed