These Terms of Service constitute terms of service provided by electronic means in the meaning of art. 8 sec. 1 point 1 of the act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020, item 344) with the inclusion of provisions laid down in the act of 30 May 2014 on consumer rights (Journal of Laws 2020, item 287).
- These Terms of Service specify the terms of service provided by electronic means and lay down principles of making purchases of medical equipment and accessories offered by the Seller remotely by Customers.
- All rights to the Online Shop, including author’s economic rights, intellectual property rights to its name, internet domain, the Online Shop Website as well as rights to designs, forms, logotypes and photos uploaded on the Online Shop Website, with the exception of strictly defined logotypes and photos presented on the Online Shop Website used in order to present the goods, the rights to which belong to third parties, belong to MDT Sp. z o. o. with its headquarters in Kraków.
- The notions used in these Terms of Service have the following meaning:
- Seller – MDT Sp. z o. o. with its headquarters in Kraków, ul. Skośna 12A, 30-383, entered into the register of entrepreneurs of the National Court Register run by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under no. KRS 0000478430, VAT ID: 6762468443; REGON: 122953211, email address: firstname.lastname@example.org;
- Shop – Seller’s online shop run at the address www.mdt.pl/en;
- Customer – a natural person conducting business activity connected with medical services, a legal entity or an organisational unit with legal capacity making purchases in the Shop and having special entitlements to make purchases within the scope of the Seller’s activity in the Online Shop;
- Basket – a feature of the online shop www.mdt.pl/en, in which the products chosen by the Customer are visible and which allows for setting and modifying the data concerning the purchase, in particular: the number of products, delivery address, invoice data, terms of delivery, terms of payment;
- Goods – a product presented by the Seller via the Online Shop Website included in the commercial offer of the Seller and which can be subject of the Sales Agreement;
- Customer’s Account – an individual panel for each Customer run by the Seller in favour of the Customer after his/her registration and the conclusion of the agreement for the provision of services related to running the customer’s Account;
- Working Days – week days from Monday to Friday with the exclusion of statutory holidays;
- Delivery – a factual act which consists of the delivery of the Goods specified in the purchase order by the Seller through the Supplier to the Customer;
- Supplier – an entity which the Seller cooperates with in the scope of delivery of the Goods;
- Sales Agreement – a sales agreement concluded remotely on the basis of rules stipulated in the Terms of Service between the Customer and the Seller;
- Availability Enquiry – a feature of the online shop which enables the Customer to send a question concerning the availability of goods, the possibility of their replenishment and to obtain other information relevant to the purchase order, such as time of replenishment of goods, their price, quantity etc.
- Newsletter – materials sent by the Seller by electronic means to Customers who gave consent to their receipt, which may constitute commercial information in the meaning of provisions of the act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020, item 344).
- The Ordering Party/Customer is obliged to use the Online Shop in accordance with the provisions of law and good manners, with the respect for personal property, copyrights and intellectual property rights of the Seller and of third parties. The Ordering Party/Customer is obliged to enter data which is true to the factual state. The Ordering Party/Customer is not allowed to upload contents of an illegal nature.
- The conclusion of the Sales Agreement between the Customer and the Seller follows the placing of an Order by the Customer with the use of the Purchase Form in the Online Shop in accordance with the Terms of Service. In order to create the Customer’s Account, the Customer is obliged to register free of charge, which is not necessary for placing an order in the Online Shop. For the purposes of registration, the Customer should fill in the registration form made available by the Seller on the Online Shop Website and send the completed form by electronic means to the Seller by choosing an appropriate function on the registration form. While registering the Customer creates an individual password. During the completion of the registration form, the Customer is given the opportunity to read the Terms of Service and accept their contents by ticking an appropriate box on the form. Upon sending the completed registration form, the customer is immediately sent the confirmation of the Registration by the Seller to the email address provided on the registration form. The Customer obtains the access to the Customer’s Account and is able to make changes to the data provided during the Registration.
- The Customer may place orders in the Online Shop via the Online Shop Website or email 7 days a week and 24 hours a day.
- The Customer placing an order via the Online Shop Website chooses the Goods and adds them to the ‘Basket’. After checking the order and choosing the terms of Delivery and payment method, the Customer places the order by using the form available and clicking on the button ‘I order and pay’. Before placing an order, the Customer is informed on the Seller’s data concerning the total price of the chosen Goods and the Delivery as well as any additional costs which the Customer is obliged to bear in connection with the Sales Agreement. In specific cases the quantity of the Goods ordered by the Customer may be limited, on which the Customer is informed anytime s/he places an order. Upon placing the order, the confirmation of order acceptance is sent to the Customer’s email address. The confirmation of order acceptance is the Seller’s declaration of accepting the offer and upon its receipt by the Customer, the Sales Agreement is concluded. The contents of the Sales Agreement is additionally preserved and secured in the IT system of the Seller’s Online Shop.
- The Customer may also use the feature referred to in §1 sec.11 of the Terms of Service (availability enquiry).
- The Product Price visible on the Online shop website is the total price of the goods including VAT. The Customer is informed on the total price of the Product being subject of the Order as well as on the cost of delivery (including the cost of transport and supply) and other costs and, if it is not possible to determine these costs – on the obligation of their payment on the Online Shop websites while placing the Order as well as when the Customer expresses his/her willingness to conclude the Sales Agreement.
- The Customer chooses bank transfer as a method of payment for the ordered Goods to be made to the Seller’s account within 5 working days from the date of receipt of the order confirmation.
- In the event of failure to pay within the deadline, the Seller has the right to withdraw from the Sales Agreement on the basis of art. 492 of the Civil Code.
- Until the receipt of the Goods, the Customer has the right to withdraw from the agreement in accordance with art. 395 of the Civil Code. The Customer may execute this right by submitting an appropriate declaration to the Seller, in particular with the use of a dedicated link available in the email confirmation of the order.
- The Seller realises the Delivery on the territory of the Republic of Poland.
- The Seller uploads an information on the number of working days necessary to arrange the Delivery and to realise the order on the Online Shop Website. The ordered Goods are delivered to the Customer via the Supplier to the address indicated on the order form.
- The Customer is responsible for checking the delivered package in the time and mode accepted for a given type of packages. If a loss of items in the package or its damage is noticed, the Customer has the right to request the Supplier’s employee to write an appropriate protocol.
- The Seller, in accordance with the Customer’s will, encloses a VAT invoice with the package being subject of the Delivery or sends the invoice via email to the email address provided by the Customer while placing the order.
- The Seller ensures the Delivery of the Goods without physical or legal defects. The Seller is liable towards the Client for the Goods having physical or legal defects (warranty).
- In the case of Goods having defects, the Customer is entitled to:
- make a declaration of demanding the reduction of price or withdrawing from the Sales Agreement, unless the Seller immediately and without significant inconvenience for the Customer replaces the Goods with Goods which are free of defects or removes the defect;
- request the replacement of the defective Goods with Goods which are free of defects or the removal of the defect.
- The Seller is obliged to replace the defective Goods with Goods free of defects or to remove the defect in a reasonable time without significant inconvenience for the Customer.
- The Seller bear no responsibility for damage occurred during transportation of the Goods to the Customer.
- The Seller may refuse to comply with the Customer’s request if making the defective Goods comply with the Sales Agreement using the method chosen by the Customer is either impossible or requires excessive cost. The costs of repair or replacement are borne by the Seller.
- The Seller is liable on the basis of the warranty in the event of any physical defect observed within two years from the delivery of the Goods to the Customer. The limitation period for claiming the removal of defect or replacement of Goods for Goods free of defects shall be one year; however, it cannot expire before the end of the period specified in the first sentence. During this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to the defect of the Goods. If the Customer requested the replacement of Goods for defect-free Goods or the removal of defect, the period for withdrawing from the Sales Agreement of submitting a statement of price reduction begins upon failure to replace the Goods or remove the defect within the specified time limit.
- Any complaints in relation to the Goods or the performance of the Sales Agreement may be submitted by the Customer in the written form.
- The Seller shall respond to the complaint in relation to the Goods or the performance of the Sales Agreement made by the Customer within 14 days from the receipt thereof.
- The Customer may send photo documentation of the Goods in relation to which the complaint is made to the email address of the Seller, on the basis of which the Seller can respond to the complaint within 14 days from the date of claim containing such a complaint.
- The Goods sold by the Seller may be covered by a guarantee provided by the Goods manufacturer or distributor.
- The Customer may consent to being sent commercial information including information sent by electronic means by choosing the appropriate box on the registration form or later on in the section ‘My Account’ (reference: ‘Newsletter’). If the consent is given, the Customer shall receive the ‘Newsletter’ of the online shop www.mdt.pl/en as well as other commercial information sent by the Online Shop on its behalf to the email address provided by him/her.
- The Customer may at any time resign from subscribing to the Newsletter independently by unticking the appropriate box in the section ‘My Account’ (reference: Newsletter) or via the Online Shop.
- The contents of these Terms of Service may be preserved by printing or saving it on a storage device or downloading it from the Online Shop Website at any time.
- In the event of a dispute arising in connection with the concluded Sales Agreement, the parties shall undertake to resolve the matter amicably. A court applicable to investigate the case shall be the court locally applicable to the Seller’s headquarters.
- In order to ensure safety of Buyers and all persons using the Online Shop and services offered by the Seller, the Seller uses technical and organisational means adequate to the threat to the safety of services provided.
Checkboxes different options required:
- I accept these Terms of Service and undertake to comply with them.
- I give my consent to the processing of my personal data provided on the above form for commercial and marketing purposes by MDT Sp. z o. o. with its headquarters in Kraków and by third parties.
- I give my consent to receiving commercial information in the meaning of art. 10 sec. 1 of the act of 18 July 2002 on the provision of services by electronic means from MDT Sp. z o. o. with its headquarters in Kraków, ul. Skośna 12A, 30-383 Kraków, National Court Register no.: KRS 0000478430, tax ID: 6762468443; REGON: 122953211 to my email address. I declare that I was informed on my right to access my personal data, to correct them and to request its deletion as well as to withdraw the consent at any time.
- I consent to my personal data being processed in the meaning of the Regulation on personal data protection (GDPR) and the act of 16 July 2004 Telecommunication Law for marketing purposes by MDT sp. z o. o. with its headquarters in Kraków, ul. Skośna 12A, 30-383 Kraków, National Court Register no. KRS 0000478430, VAT ID: 6762468443; REGON: 122953211, email address: email@example.com and I declare that the provision of personal data by me is voluntary. I declare that I was informed on my right to access my personal data, to correct them and to request its deletion as well as on the right to withdraw the consent at any time.
- I give my consent to be sent commercial information to my email address by MDT Sp. z o. o. with its headquarters in Kraków on its behalf and on behalf of others. I acknowledge that I may withdraw the consent at any time. The withdrawal of my consent has no influence on compliance of the processing performed before the consent withdrawal with the provisions of law.
- I consent to my personal data an data related to the use of the Online Shop being processed by MDT Sp. z o. o. with its headquarters in Kraków for the purposes of marketing of goods and services of MDT Sp. z o. o. with its headquarters in Kraków and third parties adjusted to my needs and preferences. I acknowledge that I may withdraw the consent at any time. The withdrawal of my consent has no influence on compliance of the processing of my personal data, performed before the consent withdrawal, with the provisions of law.