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Terms of regulation

REGULATIONS FOR THE ONLINE STORE

 

 §1 Dictionary of concepts

 

Terms used in the Regulations mean:

  1. Client - a natural person, a legal person or an organizational unit that is not a legal person, the special provisions of which grant legal capacity, which makes orders within the Shop;
  2. Consumer - in accordance with art.221 of the Civil Code means a natural person executing from  entrepreneur of a legal transaction not related directly to its business or professional activity;
  3. Account - individual, marked with Login and Password, a set of IT resources in which, in particular, the Customer's data, his Orders, rebates are collected, which serves to conclude sales contracts;
  4. Login - the Customer's e-mail address, necessary to obtain access to the Account, provided by the Customer during the registration process;
  5. Password - a sequence of characters chosen by the Customer during the registration process;
  6. Civil Code - the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
  7. Regulations - these Regulations defining the general terms of sale and rules for the provision of electronic services as part of an online store sklep@drmaterac.pl;
  8. Online Store (Store) - an Internet service belonging to the Seller available at www.drmaterac.pl, through which the Customer may, in particular, place Orders;
  9. Seller - Dr Materac Sp.z o. o. with headquarters in Zabajka, ul.Złotej 30, 36-060 Zabajka entered in the Register of Entrepreneurs kept by the District Court in Rzeszów, XII Commercial Division of the National Court Register under number 0000666960, Tax Identification Number: 5170380352, REGON: 366728465;
  10. Product - a movable item available for sale in the Online Store;
  11. Sales contract - a sales agreement within the meaning of the Civil Code, concluded between the Seller and the Customer, concluded using the Online Store;
  12. Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);
  13. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
  14. Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Products.

 

 §2 General provisions

 

  1. These Regulations define the rules for using the online store available at www.drmaterac.pl, in particular:
  • the rules of registration and use of the Account;
  • rules of using the Newsletter service ;
  • the conditions and rules for submitting orders by e-mail;
  • the principles of concluding Sales Agreements with the use of services provided as part of the Store.
  1. Online store available at www.drmaterac.pl, is run by the Seller.Contact with the Seller is possible through:
  • traditional mail to the following address: ul. Złota 30, 36-060 Zabajka
  • e-mail at the following e-mail address: sklep@drmaterac.pl
  • telephone contact at: 17 200 06 64.

Using the online store is possible provided that the IT system used by the customer meets the following minimum technical requirements:

  • providing a device with Internet access,
  • active e-mail,
  • an online resource browser that allows you to display web pages (for consultation with a company that builds a website such as Internet Explorer version 7 and   higher
  • Google Chrome version 4 and higher, Mozilla Firefox version 2.0 and higher ... with current versions of Java and Flash installed) and acceptance of cookies .
  1. In order to use the online store, the Customer should gain access to a computer station or other device enabling access to the Internet.The costs resulting from using the Internet are charged to the Customer.
  2. In accordance with applicable law, the Seller reserves the right to limit the provision of services via the Online Store to persons who have reached the age of 18 years.IN  In this case, the Seller will inform potential customers about the above.
  3. Customers can access these Regulations at any time via the link found on the website www.drmaterac.pl/ regulations download it and print it out.

 

 §3 The rules of using the Online Store

 

  1. Registration as part of the Online Store is optional.The customer can place an order without registering at the Store, after reading the Regulations and accepting them.
  2. Registration takes place by completing and accepting the registration form, available on the Store's website.
  3. The condition for registration is to agree to the content of the Regulations, provide personal data marked as mandatory, provide login (e-mail address) and password selection.After filling in the fields of the registration form with the required data, the Customer's account will be created.
  4. The Customer Account makes it easier to place Orders that, after logging in to the Account by the Customer, will be each time registered in that Account along with the data provided by the Customer when placing the Order.After logging into your Account, the Customer may update data.
  5. The contract for the provision of electronic services consisting in the creation and maintenance of a Customer Account in the Online Store is concluded for an indefinite period.
  6. The customer may at any time and without indicating the reason, terminate the contract referred to in paragraph.5 and by sending an appropriate statement via e-mail to the following address:  sklep@drmaterac.pl
  7. In order to ensure the security of transmission of messages and data in relation to the services provided in the the Online Store takes technical and organizational measures appropriate to the level of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data sent via the Internet by unauthorized persons.
  8. The Customer is obliged in particular to: use the Online Store in a manner consistent with the provisions of the law in force in the Republic of Poland, provisions of the Regulations, as well as the general principles of using the Internet, not providing and not forwarding content prohibited by law, using the Store internet in a way that does not interfere with its functioning, in in particular by using specific software or devices, not taking actions such as:
  • posting or placing unsolicited commercial information (spam) as part of the Online Store,
  • using the Online Store in a way that is not inconvenient for other users,
  • use of all content included in the Online Store only in   scope of personal use.

 §4 Procedure for concluding the Sale Agreement

 

  1. In order to conclude a Sales Agreement via the Online Store, please visit the website www.drmaterac.pl   and choose the Product or Products by taking further technical steps based on the displayed messages and information available on the website.
  2. The Customer may place an Order after logging into his Account or in the absence of an Account by providing in the form the data necessary to perform the contract by the Seller.
  3. The selection of ordered Products is made by adding them to the basket.
  4. While placing the Order - until the confirmation of the Order is clicked - it is possible to modify the entered data and selected Products.
  5. After entering all necessary data, a summary of the placed Order will be displayed.The summary of the placed Order will include, among othersdescription of selected Products or services, information about fees for transporting or delivering Products, depending on payment and delivery options chosen by the Customer and all other costs.
  6. In order to send an Order, it is necessary to accept the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order.
  7. Information about the Products provided on the Store's websites does not constitute an offer, in meaning of art. 66 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with the Seller in accordance with the Regulations. The contract is treated as concluded with  the moment of receipt of the Order to the IT system of the Online Store, subject to compliance of the Order with the Regulations. After the conclusion of the contract, the Customer receives an e-mail confirming all essential elements of the Order.
  8. The sales contract is concluded in Polish.
  9. The Customer's Order shall be paid for on delivery immediately after the conclusion of the contract, and the order shall be paid by bank transfer or through the intermediary of online payment systems after the conclusion of the contract and the payment of the Customer's account credited to the Seller's account.

 

 §5 Newsletter service

 

  1. The Seller also provides the Newsletter service consisting in sending information about the Products, services, promotions, offers, actions and events of the Seller via e-mail.The use of the Newsletter service requires the e-mail address to be provided by the person interested in this service, to which it will be sent.
  2. To receive theNewsletter, it is necessary, in addition to meeting the conditions set out above, also:

1) granting consent for the processing of personal data for marketing purposes,

2) granting consent for sending commercial information in the form of a Newsletter to the e-mail address provided,

3) clicking on the link in the message sent to the e-mail address provided by the Seller containing confirmation of subscribing to the Newsletter . Upon the fulfillment of the above conditions, an agreement for the provision of the Newsletter service by electronic means is concluded.

  1. The Newsletter service is provided free of charge for an indefinite period.However, you can, without giving any reason, opt out of this service at any time by:

1) selecting the "Unsubscribe" option available within the established Account;

2) click on the link at the end of each e-mail containing the Newsletter;

3) submitting an appropriate request via e-mail to the following address:   sklep@drmaterac.pl   The performance of any of the activities described in points 1 - 3 above results in termination of the contract for the provision of the Newsletter service .

 

§6 Delivery

 

  1. The delivery of Products is possible throughout Poland and the European Union and takes place at the address indicated by the Customer when placing the Order.
  2. Delivery of ordered Products is carried out through: Poczta Polska, courier company,InPostparcel machines .

Delivery costs will be indicated at the time of placing the Order.

  1. The time of delivery is from 2 to 10 working days, depending on the choice of delivery option, starting from the date of payment of the order by the customer.
  2. There is a possibility of personal collection of the ordered Product in the store:

Salon Dr Materac in Krosno 
ul. Kletówki 15, 
574 702 002 
krosno@drmaterac.pl 
Mon - Fri 9-18 
Saturday 9-14

Dr Materac Salon in Zamość 
ul. Sadowa 8 
791 209 301 
zamosc@drmaterac.pl 
Mon - Fri 10-18 
Saturday 10-14

Dr Materac Salon in Chełm 
ul. Rampa Brzeska 5 
881 401 403  
chelm@drmaterac.pl 
Mon - Fri 10-18 
Saturday 10-14

  1. Pickup is possible from Monday to Saturdays in hours   work of stationary outlets, except for holidays defined in the Act. In the case of a personal collection, there is a possibility of payment on delivery.

 

 §7 Prices and methods of payment

 

  1. Product prices are given in Polish zlotys and include VAT tax.

The prices do not include delivery costs and any costs resulting from the payment method chosen by the Customer.

  1. The customer has the option to pay the price:
  2. a) by transfer directly to the bank account of the Seller 41 1140 2004 0000 3402 7809 6974;in the payment title, please enter the order number,
  3. b) cash on delivery upon delivery from the courier
  4. c) in cash in the case of a personal collection,
  5. d) via the intermediary of online payment systems, indicated at the time of placing the Order.
  6. e) By using a payment card:
  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro

2.1 Settlement of transactions by instant transfer and payment card is carried out in accordance with the Customer's choice via Shoper or Przelewy24 Payments

Shoper payments (instant transfer and payment card payments) are made by:

Blue Media SA with its registered office in Sopot at ul. Powstańców Warszawy 6, code 81-718. The company was registered in the District Court Gdańsk-Północ VIII Commercial Department of the National Court Register under No. 0000320590, NIP 585-13-51-185, REGON 191781561.

 

  1. The Customer selects from the payment methods mentioned above by marking the appropriate box at the time of placing the Order.
  2. Information about the method of payment chosen by the Customer along with the data to make the payment will appear in the e-mail confirming the order placed by the Customer.

 

§8 The right to withdraw from the contract

 

  1. Customer who is a Consumer has 14 days to withdraw from the contract without giving any reason.
  2. The date referred to in paragraph1 runs from the date of delivery of the item being the subject of the Contract of Sale.
  3. In order to exercise the right to withdraw from the contract, the Customer must inform the Seller about his decision by way of an unambiguous and unilateral statement (eg a letter sent by post or e-mail).

The customer may use the model withdrawal form constituting the attachment No. 2 of the Act on consumer rights, however, this is not a condition for the effectiveness of withdrawal.

For the effectiveness of withdrawal from the contract, it is sufficient for the Customer to send a statement of withdrawal before the deadline referred to in paragraph. 1-2.

  1. In the event of withdrawal from the contract, the contract shall be considered void and the Seller shall return to the Customer all payments received, including the cost of delivering the item, immediately, and in any case not later than 14 days from the date on which which the Seller has been informed about exercising his right to withdraw from the contract.

The reimbursement of the payment shall be made by the Seller using the same payment methods that were used by the Customer in the original transaction, unless the Customer agrees to a different solution.

The seller may withhold reimbursement until receipt of the item or until proof of its return is provided to him, whichever occurs first.

  1. The item should be sent to the following address: Dr Materac Sp.z o. o
    ul. Kletówki 15 38-400 Krosno,   immediately, and   in   in any case, not later than 14 days from the date on which the Customer informed the Seller about the withdrawal from the contract. This deadline will be respected if the customer sends back the item before the expiry of the 14-day period.

The customer bears the direct cost of returning the item and is liable only for the reduction in the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.

  1. In the case of Customers who are not Consumers, the rules and dates of withdrawal from the contract are governed by the provisions of the Civil Code.

 

§9 Complaints about Products

 

  1. The Seller is obliged to deliver Products free from defects and is responsible to the Customers who are Consumers for physical or legal defects of the purchased Product (warranty), on the terms specified in art.556 and subsequent Civil Code.
  2. Complaints may be submitted: in writing to the following address: Dr Materac Sp.z oo ul.Złota 30, 36-060 Zabajka, via e-mail to the address: sklep@drmaterac.pl or using the contact form available on the Store's website.
  3. When submitting a complaint, the Customer should provide his contact details, accurately describe the reasons for the complaint and the request to the Seller, and attach a sales document or photocopy thereof.
  4. The cost of shipping the goods in relation to the complaint is borne by the Customer.If the complaint is considered justified, the Seller shall refund the shipping costs to the Customer, however not higher than the cost of registered mail as per the Polish Post tariff.
  5. If, due to the type of the Product or the method of its installation, the delivery of the Product would be excessively difficult, the Customer is obliged to provide it to the Seller in the place where it is located.
  6. The Seller will address the Customer's complaint promptly, no later than within 14 days from the date of its submission.Lack of the Seller's attitude in the above-mentioned period means that the Seller considered the complaint justified.
  7. The customer will be notified in writing about how the complaint will be dealt with.If the complaint is not accepted, the Consumer will also be notified in writing whether the Seller expresses or not accepts the out-of-court resolution of the dispute.In the event of consent, the Seller shall indicate to the Customer the entity competent for out-of-court resolution of the dispute.
  8. Seller based on art.558 § 1 of the Civil Code excludes liability for physical and legal defects towards Customers who are not Consumers.

 

§10 Additional guarantees when selling Products in the Store

 

  1. Products available in the Online Store are not covered by the Seller's warranty.

The seller is responsible for the inconsistency of the goods with the contract on the basis of the warranty referred to in par. 9 of the Regulations.

  1. Products sold by the Seller may be covered by a guarantee granted by the manufacturer.The content and warranty terms will be set out in a warranty document issued by the manufacturer who will be attached to the product being sold.

 

§11 Complaints regarding the provision of services by electronic means

 

  1. The Customer may submit complaints to the Seller regarding the non-performance or improper performance of the provision of services by electronic means.
  2. Complaints should be reported electronically to the following address: sklep@drmaterac.pl
  3. In a complaint regarding irregularities related to the functioning of the Online Store website, indicate the type and date of occurrence of the irregularity.
  4. The seller is obliged to respond to the complaint immediately, no later than within 14 days from the date of its submission.

 

§12 Out-of-court ways to handle complaints and redress

 

  1. In the event of a dispute arising between the Seller and the Consumer in connection with making a purchase in the Online Store, the Consumer may use extrajudicial means of dealing with complaints and pursuing claims, includingby submitting a complaint in the selected official language of the European Union, including Polish, via the EU ODR online platform, available at:  http://ec.europa.eu/consumers/odr/   

 

 §13 Final provisions

 

  1. The integral part of the Regulations is the Seller's Privacy Policy available at the address (hyperlink) and Cookies policy of the Seller available at the address (hyperlink).
  2. The competent court for resolving disputes with Consumers is the court having jurisdictional and substantive jurisdiction in accordance with applicable regulations.
  3. Settlement of any disputes arising between the Seller and the Customer who is not a Consumer is subject to a court having jurisdiction over the seat of the Seller.
  4. In matters not covered by these Regulations, the provisions of applicable law shall apply, including in particular the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights.
  5. If any provision of the Regulations is deemed unlawful, void or otherwise unenforceable to the extent provided for by law, then it is excluded in this respect.In the remaining scope, the Regulations remain in force.

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