Terms of use

Montserrat Gras Graupera – Clinical Services & Research is the Seller based in Warsaw (postal code: 02-765) on Aleja Wilanowska Street 93/8, conducting economic activity as a sole proprietorship, registered in  CEIDG (Central Registration and Information on Business) under identification number NIP: 1130216845, Regon: 015332207, referred to as “the Seller”.

Bank account number: 40 1030 0019 0109 8503 0010 6641, Citi Bank

 

§ 1 Definitions

1. Terms of Use – the following terms of use. In the range of services provided online Terms of Use are terms of use, mentioned in article 8, act from 18  July 2002, about providing services online (The Official Law Journal from 2002, item 144, pos.1204 with changes).

2. Customer – natural person, public body or legal entity, unincorporated, but having capacity to perform acts in law, who under Terms of Use purchases products from the Seller through this online shop.

3. Consumer – customer who is a natural person, using online shop for other purposes than his business activity or profession.

4. Seller – business entity providing selling services through Online Shop under Terms of Use described below.

5. Article of deal – products mentioned and described on Online Shop website.

6. Product – movable item, presented in Online Shop, related to Sales Contract.

7. Additional service – service provided by the Seller for the Customer aside from Online Shop, related to characteristics of Products sold.

8. Sales Contract – sales contract of Products within the meaning of the Civil Code, concluded between the Seller and the Customer, with usage of Online Shop.

9. Online Shop (Shop) – online portal available under www.medicalbygras.com, which enables the Customer to place an order.

10. Order – will declaration made by the Customer, specifying unequivocally the type and quantity of Products, leading to Sales Contract conclusion.

11. ICT System – group of cooperating IT devices and software, for data transforming, collecting, sending and receiving through telecommunication networks, with a final device adequate for a specific kind of network.

§ 2 General Conditions

1. These Terms of Use describe the rules of using Medical by Gras Shop.

2. Reading the Terms of Use mentioned below is obligatory to order the products online. Customer has to accept those conditions during order realization.

3. The Online Shop provides retail sales via Internet network.

4. All the Products offered by Medical by Gras Shop are brand new, originally packed, free from physical and legal damages, and were legally introduced to the Polish market.

§ 3 Placing orders

1. Prices of products presented on the website of the Medical by Gras Shop are gross prices given in PLN, and do not include the cost of delivery.

2. Orders can be placed at our website/by phone/by email.

3. Orders can be placed 24/7 throughout the whole year, through the website of the Online Shop.

4. To place an order, it is necessary to complete the order form and provide the personal data, including the detailed postal address of the recipient, telephone number, and e-mail address.

5. If the given data is not complete, the Seller will contact the Customer. If such contact with the Customer is not be possible, the Seller has the right to cancel the Order.

6. In the process of placing an order, Customer can have a will to receive a receipt or an invoice, which can be enclosed in the package or sent by email as an electronic settlements documents picture, particularly such as: an invoice with attachments, a corrected invoice with attachments or forms. The described agreement qualifies the Seller to display and send invoices in an electronic form, in relation to Ministry of Finance ordinance from 20 December 2012 about sending invoices in an electronic form, conditions of their collecting and sharing with tax authorities or fiscal authorities.

7. While placing the Order, the Customer can agree on collecting his personal data in online shop database in order to process it in relation to his Order realization process. If the Customer agrees on that, he has the right to check his data, correct or delete it from the Seller’s database.

8. The Customer can use ‘remember me’ option in order to save his data by the system to simplify the placement of future Orders. In that case, the Customer should have his login and password, essential to get access to his account. An email address is the Customer’s login. Password is provided by the Customer. The password is not known to the Seller and the Customer has an obligation to keep it in secret and protect from unwanted access.

9. After placing an order, an automatic message with order  confirmation is sent immediately to the Customer.

10. Order realization time will be counted from the moment the payment is recorded on the bank account specified in the Order confirmation when the option of payment by bank transfer is chosen, or from the moment of placing the order in case of paying by credit card or when the option of payment upon receipt is chosen.

§ 4 Delivery term and costs

1.      The product ordered is to be delivered to the address indicated by the Customer in the online order form, by phone or by email.  The Shop will inform the Customer immediately about incorrectly filled in order form, which makes it impossible to send the package or can delay it.

2.      The product is to be delivered by a professional courier company, with the Polish Post or a courier forwarder. In some cases there exists a possibility to collect the product personally at the Seller’s office.

3. The package is delivered in accordance with a term specified to each Product visible on the website. The term on the website is rough. While bank transfer or paying by card option is chosen, the term will be prolonged to record the sum on the bank account (normally 1-2 work days).

4. The Customer covers the delivery costs given in the delivery price list.

§ 5 Payments

1. For each product sold, we issue a receipt or an invoice.

2. Payment for the ordered product may be made in cash, via the online payment system (dotypay) or by a bank transfer.

§ 6 Termination of the contract

1. According to the Act of 30 May 2014 the Customer has the right to terminate the contract within 14 days, without stating the reason.

2. In case of an online agreement termination, it is considered as not concluded. The contractors’ services are being returned unchanged, unless the change was necessary within usual administration.

3. The return should be proceeded immediately, no longer than within 14 days. The purchased products need to be returned to the Seller address.

§ 7 Procedure of complaints

1. Products have a warranty of the manufacturer, importer or seller, valid on Polish territory. The detailed conditions of the realization of the guarantee are specified in the guarantee form issued by the guarantor. Most of the products have guarantees considered directly by the producers’ authorized service points. The exact addresses of the service centers can be found on the warranty cards attached to the products and on the manufacturers' websites. The Customer may also go through the complaint procedure on account of the Guarantee with the Seller’s help.

2. Complaints need to be sent at the Seller address.

3. While sending the complaint, it is necessary to send the returned Product together with an evidence of purchase and filled complaint form.

4. The Seller will examine the complaint within 14 days from the date of receiving the complaint.  If the complaint is examined to the Customer benefit, the Seller will repair or change the returned Product for a new one or will return the value of the Product.

5. If the Product is not compatible with the agreement, the Customer can demand the change of this state through a free of charge repair or change it for a new Product, unless it is impossible and requires overwhelming costs. When deciding about overwhelming costs, the value of the Product and the type of incompatibility is considered.

(the Act of 27 July 2002 on specific conditions of consumer sales and on the amendment to the Civil Code).

6. The Customer loses the right described in point 5 of this clause, if he doesn’t inform the Seller about incompatibility of his Products within 2 months. In order to conform to the term it is sufficient to inform the Seller before it is exceeded.

§ 8 Privacy policy and personal data protection

1. The Seller is an administrator of database information provided by the Customers, in relation to online shopping through the website.

2. Personal data can be used for sales contracts realization. They can be provided to parties responsible for the delivery of the purchased products or to parties providing credits in case of instalment shopping. The Customers have the right to access their data and to correct them. The data is provided voluntarily.

3. Information about the methods and technical means to discover and correct errors in the provided data:

a. While making an Order, a Customer who has an online account, has the possibility to correct the provided data through their profile edition, until the moment of clicking the button 'make an order'

b. Data verification or an Order correction can be made also by sending an email message to the Seller

c. The Customer has the right to change the data provided during the creation of his account, at any time by using the available options.

4. Information about the terms and methods of preserving, protecting and disclosing an agreement by the Seller to a second party:

a. Preserving, protecting and disclosing agreement's content is realized by sending an adequate email message after sales contract conclusion.

b. Preserving, protecting and disclosing agreement's content is realized by sending the content to the email address specified by the Customer or by sending him the Order specification and the purchase evidence.

c. Contract content is preserved and protected in the tele-informatics system, owned by the Seller and available any time on Customer's demand.

§ 9 Terms of Use modification

1. The Customers who already have a Shop account will be informed about Terms of Use modifications via email.

2. If the Terms of Use modification takes place in the time period succeeding the last logging into the account, the Customer may accept it after changes or refuse to do that. If the Customer doesn’t accept the modifications, online shopping is not possible

3. The Customer who doesn’t accept the Terms of Use modifications has the right to delete his account at any time.

4. The Orders placed before the Terms of Use modifications are in force will be proceeded in accordance to the previous terms.

§ 10 Final resolutions

1.      For any matters not governed by these Terms of Use, the provisions of the Act of 2 March 2000 on the protection of consumer rights and liability for the damage caused by dangerous products (Journal of Laws No. 22 pos.271 with amendments), the Act of 27 July 2002 on specific conditions of consumer sales and on the amendment to the Civil Code (Journal of Laws No. 141 pos.1176 with amendments), and the Act of 23 April 1964 – Civil Code (Journal of Laws No.16 pos. 93 with amendments).

2. Disputes arising from the application of these Regulations and the performance of contracts concluded between the Shop and Customers shall be submitted to the exclusive jurisdiction of the court competent according to the provisions regarding local subject matter jurisdiction and in accordance with the Law of 11.17.1964 r. The Code of Civil Procedure (Journal of Laws No. 43 pos. 296 with amendments).