I. GENERAL PROVISIONS
1. These Regulations define the general terms and conditions, rules and manner of providing Services electronically via the www.traumakit.pl website (hereinafter referred to as "Website" or "Service") by AEDMAX.PL sp. z o.o. with its registered seat in Warsaw, ul. Emaliowa 28 E, 02-295 Warsaw, registered in the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register, under KRS no.: 0000723876, VAT EU: PL5223118942, REGON: 369793658, share capital 5000,00 PLN, hereinafter referred to as ,,Service Provider".
2. The Website enables the purchase of products - in particular defibrillators and defibrillator parts and is informative in nature. The purpose of the Service Provider is also to present on the pages of the Website comprehensive information about the activities of his company, focusing on the supply, installation, management and rental of defibrillators and other first aid systems. However, these services are not provided through the Service and are not part of it.
3. Contact with the service provider is made via:
a. e-mail: email@example.com;
b. contact phone: +48 604 887 112;
c. contact through data at: http://traumakit.pl/kontakt/
4. These Terms and Conditions are continuously made available free of charge by the Service Provider on the website http://traumakit.pl/regulamin-serwisu/56, in a way that allows Clients to obtain, reproduce and record their content by printing or saving on a carrier at any time by means of the computer system used by the Client.
5. All rights to the Website, including proprietary copyrights, intellectual property rights to its name, Internet domain, Website, as well as to the forms, logos belong to the Service Provider, and the use of them may only be carried out in the manner specified and in accordance with the Regulations.
6. The Service Provider informs that the use of services provided electronically may involve risks on the part of each Internet Client, consisting of the possibility of introducing harmful software into the Client's ICT system and obtaining and modifying its data by unauthorized persons. To avoid the risk of the aforementioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular, anti-virus programs and firewall.
7. The rules for the provision of other Services on the Site, including paid Services, may be specified in additional regulations.
The terms used in this document have the following meanings:
Customer - a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order on the Website or uses other Services available on the Website;
Goods - a product presented on the Website, the description of which is available next to each product presented;
Sales Agreement - Agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Service Provider and the Client;
Order - the Customer's statement of intent, aimed directly at concluding the Contract of Sale, specifying in particular the type and number of Goods;
Consumer - Customer who is a consumer within the meaning of Article 22 of the Civil Code;
Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43 of the Civil Code;
Carrier - an entity or person delivering the Goods ordered by the Customer;
Services - services provided by the Service Provider to the Customers of the Site by electronic means within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
Agreement - an agreement for the provision of Services of the Site, concluded between the Client and the Service Provider, under the terms and conditions specified in these Regulations;
Consumer Rights Act - the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, No. 827);
Law on Provision of Electronic Services - the Law of July 18, 2002 on Provision of Electronic Services (Journal of Laws No. 144, Item 1204, as amended);
Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);
Regulations - this document.
III. RULES OF USING THE WEBSITE
1. The Service Provider on the Site allows Customers to purchase products and use the Services it provides, in particular to contact the Service Provider using the contact form and the offer form, to view information and articles available on the Site, including information about the Service Provider's activities.
2. The use of the Site may be carried out only on the terms and to the extent indicated in the Regulations.
3. The minimum technical requirements for using the Website and the Services:
a. device with access to the Internet,
b. access to e-mail, the latest version of a web browser with cookies and Java Script enabled,
c. program to read and save PDF files.
4. It is forbidden for Clients to use the Site or Services in a manner that violates the law, morality, personal rights of third parties or the legitimate interests of the Service Provider.
1. The Services are provided on the terms set forth herein.
2. The Services provided by the Service Provider to the Clients are free of charge, according to the information presented on the Site and according to the principles indicated in these Regulations.
3. The Service Provider allows through the Site the use of the following free Services provided electronically:
a. viewing information attached to the Site;
b. providing an interactive form for contacting the Service Provider and submitting an inquiry to present an offer;
c. provision of the Newsletter service.
4. The pages of the Website present information and other content in accordance with the themes and characteristics of the Website. Each Customer of the Website may browse the content presented on the Website free of charge, as well as may search for selected content free of charge, using the functionalities available on the Website.
5. The Agreement for the provision of the Service consisting of browsing information on the Service, including within the "Knowledge Base" tab, is concluded for a definite period of time and is terminated when the Customer closes the Service's website.
6. The Client has the opportunity to receive commercial information from the Service Provider in the form of messages sent to the e-mail address provided by them (Newsletter Service). For this purpose, it is necessary to provide a valid e-mail address and activate the appropriate field in the Newsletter Subscription Form. The Client may revoke consent to sending commercial information at any time. The Newsletter is sent by the Service Provider only to the Customer who has subscribed.
7. The Client has the option to send messages to the Service Provider via the contact form. The contract for the service of providing an interactive form that allows Clients to contact the Service Provider is concluded for a fixed period of time and is terminated when the Service Provider responds.
8.The Service Provider informs that Clients who are Consumers, have the consumer right to withdraw from the contract for the provision of services, within 14 days, from the conclusion of the Service Agreement.
9.The data presented on the Site and any content published and presented or transmitted by the Service Provider are of general, general, illustrative nature and are presented within the subjective criteria selected by the Service Provider or are an expression of its subjective analysis. Familiarization and use by the Client of the data and information presented on the Site or in which by the Client is voluntary, and due to the dynamic and changeable nature of the data, cannot replace the verification of the information and the actual, up-to-date and individual analysis of each case in practice.
10. The information and data presented on the Website should not be considered as an offer, legal or investment advice, as well as a recommendation in the light of the understanding of generally applicable laws.
V .RIGHTS AND OBLIGATIONS OF CUSTOMERS
1. The Customer is obliged to:
b. to enter on the Site, including in particular within the Account, and the data provided to carry out the Service or the Order, the data consistent with the facts and to inform immediately about any changes to the data provided to the Service Provider.
c. not to use devices, software or methods that may interfere with the operation of the Site,
d. not to provide content of an unlawful nature.
2. The Client is obliged to own all rights to the content posted on the Site, including data entered in the Account or anywhere on the Site.
3. It is forbidden for the Customer to present within the Account, the contact form or in any other place in the Service, any information that contains content prohibited by law, that violates the rules of morality or that constitutes acts of unfair competition. Content presented by Customers may not, in particular:
a. violate human dignity;
b. contain content that discriminates on the basis of race, gender or nationality;
c. contain pornographic content;
d. hurt religious or political beliefs;
e. encourage violations or violations of the law;
f. contain content that violates the law, including, in particular, copyright or other intellectual property rights, or encourages copyright infringement, including by providing content that may serve to violate copyright or other intellectual property rights.
4. The Client may not carry out activities aimed at overloading the inboxes of other Clients or the Service Provider, and in particular it is not permissible to send advertising messages.
VI . RULES OF USE OF TRAUMAKIT.PL WEBSITE - PLACING AN ORDER
1. Within the Service, the Service Provider provides Customers with the opportunity to purchase Goods, including in particular defibrillators, defibrillator parts and other medical equipment.
2. The provisions of the following section apply to consumer sales. In relation to offering Goods to Clients who are not Consumers, the Service Provider may apply individual rules.
3. Information about the Goods provided on the Website, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
4. All Goods available on the Website are brand new and have been legally introduced into the Polish market.
5. The Service Provider also allows individual sales of the Goods. For this purpose, the Client should use the contact form and send a request to the Service Provider to obtain an individual offer on the terms indicated in these Regulations.
6. The condition for placing an Order is to have an active e-mail account.
7. In the case of placing an Order through the Order form available on the Website, the Order is submitted to the Service Provider by the Client in electronic form and constitutes an offer to conclude a Contract of Sale for the Goods which are the subject of the Order. An offer made in electronic form is binding on the Client if the Service Provider sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement of the
8. Service Provider's acceptance of the Client's offer, and upon its receipt by the Client a Contract of Sale is concluded.
9. In the case of Orders placed by Clients who are Entrepreneurs, the Service Provider reserves the right to refuse to execute the Order, in particular if the Order does not contain all relevant data, if the Client is late with any payment to the Service Provider, or for other reasons indicated by the Service Provider.
10.The Service Provider will inform the Client about the refusal of the Order referred to in the subsection above, regardless of the reason, by telephone or e-mail.
In the case of Orders placed by Customers who are Entrepreneurs, the Service Provider may withdraw from the Agreement in whole or in part at any time. If the Order is fulfilled in parts, the withdrawal shall have effect only with respect to the part of the Order that has not been fulfilled and, in particular, that has not been delivered to the Carrier, unless the content of the Service Provider's statement of withdrawal from the Contract indicates otherwise.
11. At its option, the Service Provider shall send the statement of withdrawal from the Contract referred to in subsection 10 above by e-mail to the e-mail address indicated by the Client in the Order.
12. The Contract of Sale is concluded in the Polish language, with the content in accordance with the Terms and Conditions.
VII. DELIVERY OF GOODS AND PAYMENT
1. Delivery of the Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.
2. Client may choose the following forms of delivery of the ordered Goods:
a. personal collection at the Service Provider's personal collection point,
b. through a courier company.
3. The Service Provider on the Website pages in the description of the Goods informs the Client about the approximate number of working days required for the execution of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
4. The period for delivery and execution of the Order is calculated in working days.
5. The Service Provider shall provide the Client with a proof of purchase.
6. If different lead times are stipulated for the Goods covered by the Order, the longest period among the stipulated ones shall apply to the entire Order.
7. In the case of Orders placed by Entrepreneurs, as soon as the Goods subject to the Order are handed over to the Carrier or directly to the Client (in the case of personal collection), the benefits and burdens associated with the thing and the danger of accidental loss or damage to the thing are transferred to the Client.
8. Delivery is made on Business Days. The Service Provider may individually arrange with the Client for delivery also on days other than Business Days.
9. The Client who is an Entrepreneur after receiving delivery of the Goods is obliged to check their condition. If any damage or other objections are found upon receipt of the Goods by the Client, a protocol of objections must be drawn up in the presence of the Carrier, specifying precisely the quantity and type of Goods and their damage in accordance with the procedure applicable to the Carrier.
10. In relation to Customers who are Entrepreneurs, the Service Provider is not responsible for the actions of the Carrier.
11. With respect to Clients who are Entrepreneurs, the Service Provider shall not be liable for damages resulting from incorrect or incomplete data provided by the Client when placing the Order, as well as caused by incorrect provision of contact details or collection address.
12. It is assumed that the person collecting the Goods on behalf of the Customer who is an Entrepreneur is the person authorized by the Customer to take delivery and sign on his behalf on the delivery document, as well as to perform other related actions.
13. In the event that the Customer who is an Entrepreneur fails to collect the Ordered Goods once, if they were delivered via a Carrier, or fails to collect the Goods within 7 days of receiving notification that the Goods are ready for collection at the Service Provider's personal collection point, the Service Provider may, at its option, set another time for the Customer to collect or deliver the Order, or terminate the Contract immediately with the Customer or withdraw from the Contract, under the terms and conditions indicated in these Terms and Conditions. In addition, the Entrepreneur shall be obliged to pay the costs incurred by the Service Provider for non-collection of the Goods referred to in this subsection and the cost of shipping the Goods.
14. The Client who is an Entrepreneur shall be obliged to pay all costs incurred by the Service Provider for failure to collect the Ordered Goods.
15. The Service Provider shall not be liable for any damages incurred by the Client who is an Entrepreneur as a result of waiting for loading by the transport arranged by the Client, as a result of failure to comply with the time limit for collection of the Goods indicated in the Order or specified by the Service Provider.
16. The prices of the Goods are quoted in and include all components, including VAT, customs duties and other fees. In relation to Entrepreneurs, the Service Provider may use net prices.
17. The Client may choose the following payment methods:
a. by bank transfer to the Service Provider's bank account (in this case, the execution of the Order will begin after the Service Provider sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after the funds are received in the Service Provider's bank account and the Order is completed);
b. cash on delivery - payment at the Service Provider's personal collection point (in this case, the Order will be completed immediately after the Service Provider sends the Customer a confirmation of acceptance of the Order, and the Goods will be issued at the Service Provider's personal collection point).
c. electronic payment (including payment card) through the payment operator PayLane sp. z o.o. with its registered office in Gdansk, 4 Norwida St., postal code: 80-280, KRS: 0000227278 - in this case, the execution of the Order will begin after the Service Provider sends the Client a confirmation of acceptance of the Order and after the Service Provider receives information from the billing agent system about the payment made by the Client, and the shipment will be made immediately after the completion of the Order).
18. The Service Provider shall inform the Client on the Website of the deadline by which the Client is required to make payment for the Order. If the Client fails to make payment within the period referred to in the preceding sentence, the Service Provider, after an ineffective call for payment with setting an appropriate deadline, may withdraw from the Contract pursuant to Article 491 of the Civil Code.
19. A Client who is an Entrepreneur shall not deduct or set off amounts claimed or due from the Service Provider, under any other obligation it has with the Service Provider, or from the remuneration to which the Service Provider is entitled from the Client, unless otherwise agreed by the parties under separate arrangements.
20. In the case of a Client who is an Entrepreneur, the Service Provider has the right to suspend the execution of Orders or delivery of Goods, or may withdraw from the Agreement in whole or in part, in the event of a delay in payment by the Client to the Service Provider. On this account, the Client shall not be entitled to any present or future claims for damages, or lost benefits that may arise due to the withholding of deliveries.
21. The validity period of a placed order is 5 days. If you do not pick up your order for more than 5 days, do not pay for it, or we cannot contact you to process the order - we will cancel the order.
VIII. COMPLAINT OF GOODS
1. The Service Provider undertakes to deliver the Goods without defects.
2. The Service Provider shall be liable to the Client, including the Client who is a Consumer, under the warranty for defects under the terms of Articles 556 - 576 of the Civil Code. In relation to Clients who are Entrepreneurs, the warranty is excluded.
3. Complaints, resulting from violation of the Customer's rights guaranteed by law or under these Regulations, should be addressed to the address: AED Max 28 E Emaliowa Street, 02-295 Warsaw, to the e-mail address: firstname.lastname@example.org , telephone number +48 604 887 112.
4. In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possible attaching to it the proof of purchase. The Goods should be delivered or sent to the address indicated in item. 21.
5. The Service Provider undertakes to consider each complaint within 14 days.
6. In case of deficiencies in the complaint, the Service Provider 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.
7. Goods may have a manufacturer's warranty. In the case of Goods covered by the warranty, information on the existence and duration of the warranty is presented each time on the Site.
X. INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which you have taken possession of the item or on which a third party other than the carrier and indicated by you has taken possession of the item.
To exercise your right of withdrawal, you must inform us (AEDMAX.PL Sp. z o.o., Emaliowa 28E, 02-295 Warsaw, Poland, email@example.com, phone: 660860112) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail). You may use the model withdrawal form, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send information regarding the exercise of your right of withdrawal before the withdrawal period expires.
Effects of withdrawal from the contract
In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from your choice of a delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with the refund. We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first.
Please send back or hand over the item to us, immediately and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period. You will have to bear the direct costs of returning the item.
You will be liable only for any diminution in the value of the thing resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the thing.
Exceptions to the right of withdrawal
The consumer's right of withdrawal is excluded in the case of:
- a contract in which the price or remuneration depends on fluctuations in the financial market, which the trader does not control, and which may occur before the end of the withdrawal period;
- a contract in which the subject of the performance is a non-refabricated thing, produced to the consumer's specifications or serving to meet his individualized needs;
- a contract in which the subject of performance is an item that is perishable or has a short shelf life;
- a contract in which the subject of performance is an item supplied in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
- a contract in which the subject of performance are things that after delivery, due to their nature, are inseparably combined with other things;
- A contract in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;.
- A contract in which the consumer expressly requested that the trader come to him for urgent repair or maintenance. If the trader provides additional services other than those requested by the consumer, or provides things other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
- a contract in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- a contract for the supply of newspapers, periodicals or magazines, except for a subscription contract;
- a contract concluded at a public auction;
X. OTHER SERVICES
1. The Service Provider may present on the Site Pages illustrative information about the scope of its other services, including, in particular, Defibrillator Rental Services and other activities. The information presented is for illustrative purposes only. The Customer may not place an order for the Services referred to in the preceding sentence through the Site.
2. A Client interested in placing an order for other Services of the Service Provider, including, in particular, equipment rental, or wishing to establish an individual scope of services, shall contact the Service Provider by telephone, e-mail or through the contact form, at the contact details of the Service Provider provided on the Site, directing an inquiry (hereinafter referred to as , "Inquiry") to the Service Provider.
3. By addressing a Request for Proposal to the Service Provider, the Client indicates to the Service Provider the type of service he is interested in or the quantity and type of Goods for which he would like to receive an individual offer.
4. Further arrangements regarding the services provided by the Service Provider, referred to in this section, as well as individual sales of Goods, take place between the parties outside the Site and are not part of it.
1. The Client may file complaints regarding the Services or functionality of the Site. The rules for filing Complaints regarding Goods are described in Section VIII.
2. Complaints may be reported in writing to the Service Provider's address or by sending an electronic message to: firstname.lastname@example.org.
3. Notification of a complaint should include the designation of the person submitting the complaint (name and surname or company name, address of residence or registered office, e-mail address) and a description of the event giving rise to the complaint.
4. The Service Provider undertakes to consider each complaint within 30 days, and if this is not possible, to inform the Client within this period when the complaint will be considered. In case of deficiencies in the complaint, the Service Provider will call on the Client to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Client.
5. The Client, who is a Consumer, has, among other things, the following possibilities to use out-of-court means of complaint processing and claim investigation:
a. is entitled to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for the amicable settlement of the dispute between the Client and the Service Provider.
b. may also file a complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
Information on how to access the aforementioned dispute resolution mode and procedures, can be found at the following address: www.uokik.gov.pl, under the "Consumer Dispute Resolution" tab.
1. Client, who is an Entrepreneur, agrees not to use Service Provider's trademarks, trademarks or symbols without prior consent of Service Provider.
2. All drawings, specifications, technical sheets, advertising materials or other materials made available by the Service Provider to the Client or to the public are the exclusive property of the Service Provider. The Client shall not make changes to these materials without the prior consent of the Service Provider.
3. Client, who is an Entrepreneur, on his own or by appropriate authorization, grants to Service Provider a free, non-exclusive and unlimited in time and territory license for the logotype of Client's business, to use it for its own purposes of the Service Provider's business in the following fields of exploitation: recording, multiplication by any technique, introduction of the work into computer memory and into a computer network, public display or reproduction on the Internet, and in particular on the Service Provider's websites.
4. The Client agrees to include the above data in the Service Provider's customer list, available, among others, on the Service Provider's websites.
XIII. PROTECTION OF PERSONAL DATA
XIV. FINAL PROVISIONS
1. The sole source of the Service Provider's obligations is these Terms and Conditions and mandatory provisions of law.
2. The Terms and Conditions are available in Polish.
3. Reproduction or publication of these Terms and Conditions, or any part thereof, without the written consent of the Service Provider is prohibited.
4. Unless otherwise provided by mandatory provisions of law, the Polish law shall be applicable to resolve any disputes arising under these Terms and Conditions.
5. Any disputes arising under these Terms and Conditions, where the other party is not a Consumer, will be resolved before a common court with jurisdiction over the Service Provider's registered office.
6. The content of these Regulations is subject to change. Any changes will be communicated to each Client who is a Consumer through information on the main page of the Site containing a summary of the changes and their effective date. The effective date of the changes will not be less than 14 days from the date of their announcement. The Customer who does not accept the changes to the Terms and Conditions is asked to stop using the Service.
7. Amendments to the Terms and Conditions pertaining to Customers who are Entrepreneurs, shall become effective on the date of their publication on the Website.