ASAMED Website Terms and Conditions

DEFINITIONS

GENERAL PROVISION

PROVISION OF ELECTRONIC SERVICES

TERMS AND CONDITIONS OF CONTRACT OF SALE

DELIVERY

PAYMENT

RIGHT OF WITHDRAWAL

COMPLAINT PROCEDURE

FINAL PROVISIONS

1 DEFINITIONS

The terms used in these Terms and Conditions shall mean:

1.1. PASSWORD - a sequence of alphanumeric characters necessary for authentication in the course of obtaining access to the Account, established independently by the Customer during the Registration process.

1.2 CUSTOMER - a natural person with full legal capacity, and in the cases provided for by generally applicable laws, also a natural person with limited capacity to perform legal acts; a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, who intends to conclude or has concluded a Sales Agreement or an agreement for the provision of Electronic Services.

1.3 CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).

1.4 CONSUMER - natural person for whom the conclusion of the Sales Agreement or the agreement on provision of Electronic Services is not directly related to his/her economic or professional activity.

1.5 ACCOUNT (CUSTOMER ACCOUNT) - a subpage of the Shop where information about the Customer's Orders is collected, among others, in the Internet Shop.

1.6 PRODUCT - a movable item available at the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.

1.7 RULES - these Rules and Regulations of the Online Store.

1.8 REGISTRATION - a single action, consisting in the creation of an Account by the Customer, performed with the use of a registration form made available by the Service Provider on the Shop website.

1.9. WEBSITE (SHOP) - the Service Provider's online shop available at www.asamed.com through which the Client may conclude a Sales Contract or contract for the provision of Electronic Services.

1.10. SELLER - Asamed Sp.z o.o. ul.Rzemieślnicza 54 62-081 Przeźmierowo

1.11. PARTY - the Service Provider, the Seller or the Customer.

1.12. SALE AGREEMENT (AGREEMENT) - an agreement for the sale of a Product within the meaning of the Civil Code concluded through an online Shop.

1.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider via an Online Shop.

1.14. SERVICE PROVIDER - Asamed Sp.z o.o. Ul.Rzemieślnicza 54 62-081 Przeźmierowo

1.15. ORDER - Customer's declaration of will aiming directly at the conclusion of the Product Sales Agreement and determining its essential terms and conditions.

2. GENERAL PROVISIONS

2.1 The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a Consumer to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, those provisions shall prevail.

2.2 These Terms and Conditions set out the principles of use of the Internet Shop by the Customers.

2.3 These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) and govern the conditions for the conclusion of Sales Agreements in the Online Shop.

2.4 The Internet Shop is operated by:

Asamed Sp.z o.o. ul.Rzemieślnicza 54 62-081 Przeźmierowo.

2.5 The Service Provider shall provide the following electronic services via the Internet Shop:

2.5.1. Customer's Account in the Internet Shop;

2.5.2. Interactive form enabling the Customer to submit an Order to the Online Shop.

2.5.3 Newsletter informing customers of any changes, news, promotions in the shop.

2.6 Minimum technical requirements necessary to cooperate with the tele-information system used by the Service Provider:

2.6.1. Computer with access to the Internet;

2.6.2. Access to electronic mail.

2.6.3 Recommended monitor resolution: 1024×768 pixels;

2.6.4 Web browser: Internet Explorer version 7.0 or later with JavaScript and cookies enabled; Mozilla Firefox version 3.0 or later with JavaScript and cookies enabled; or Google Chrome version 8 or later.

2.7 The Service Provider uses cookies , which collect information related to the use of the Online Shop by the Customer in order to maintain the Customer's session (after logging into the Account), thanks to which the Customer does not have to re-enter the Password on each sub-page of the Shop.

2.8 The Customer is obliged to prohibit the provision of unlawful content.

2.9 The Customer is obliged to enter data in accordance with the actual state.

2.10. The Customer is obliged to use the On-line shop in a manner that is in accordance with the law and good practice, taking into account respect for personal rights and intellectual property rights of third parties.

2.11. It is forbidden to use the Electronic Services in a manner that unlawfully interferes with the operation of the Online Shop through the use of specific software or devices, as well as to send or place in the Online Shop unsolicited commercial information.

2.12. In order to ensure the security of the transmission of messages, the Service Provider shall take technical and organisational measures appropriate to the degree of security threat to the electronic Service provided.

3. PROVISION OF ELECTRONIC SERVICES

3.1 Within the framework of the Shop, the Service Provider undertakes to provide Electronic Services to the extent and under the conditions specified in these Regulations.

3.2 The provision of electronic Services by the Service Provider is free of charge.

3.3 Terms and conditions for the conclusion of contracts for the provision of electronic Services:

3.3.1. The contract for the provision of Electronic Services consisting of maintaining a Customer Account in the Online Shop shall be concluded at the moment of registration.

3.3.1.1 In order to complete the Registration, it is necessary for the Customer to provide the following data in the Registration form: name and surname, address (street, house number, town with postal code), e-mail address, contact telephone number and Password.

3.3.2 The contract for the provision of the Electronic Service consisting in the provision of an interactive form for placing an Order in the Online Shop shall be concluded at the moment of commencement of the above Service (adding a Product to the basket).

3.4 The contract for the provision of Electronic Services consisting of maintaining the Customer's Account at the Online Shop shall be concluded for an indefinite period of time.

3.5 The contract for the provision of Electronic Services consisting of providing an interactive form for placing an Order at the Online Shop is concluded for an indefinite period of time and terminates at the moment of placing an Order or ceasing to place an Order by the Customer.

3.6 Terms and conditions for termination of electronic Services:

3.6.1. The Customer may terminate an agreement for the provision of Electronic Services concluded for an indefinite period of time at any time and without stating reasons, by giving 7 days' notice.

3.6.2. A Customer who has registered an Account may terminate the agreement for the provision of this Electronic Service with immediate effect also by deleting the Account on his/her own by submitting such an instruction using the option within the Account.

3.6.3 The Service Provider may terminate the agreement for provision of Electronic Services concluded for an indefinite period of time if the Customer grossly or persistently violates the Terms of Service, in particular if he/she provides unlawful content. The termination may be submitted after an ineffective one-time request to cease or remove the violations with setting an appropriate deadline. In such a case, the contract shall be terminated with 14 days' notice.

3.6.4 Termination of the Agreement for the provision of an Electronic Service concluded for an indefinite period by either Party shall not affect the rights acquired by the Parties during the term of the Agreement.

3.6.5 Notwithstanding the above provisions, the Parties may terminate an Agreement for the provision of an Electronic Service concluded for an indefinite period of time at any time by agreement of the Parties.

4. TERMS AND CONDITIONS OF CONCLUDING A CONTRACT OF SALE

4.1 Announcements, advertisements, price lists and other information about the Products given on the websites of the Online Store, in particular their descriptions, technical and usage parameters and prices, shall constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

4.2 The price of the Product shown on the website of the Online Shop is binding at the moment of placing an Order by the Customer. This price shall remain unchanged irrespective of price changes in the Online Shop that may occur for individual Products after the Customer has placed an Order.

4.3 In order to conclude an Agreement for the sale of a Product by means of an interactive form, it is necessary to enter the website of the Online Shop, make a selection of the Product and place an Order by means of the interactive form based on the messages and information displayed to the Customer.

4.4 When placing the Order, the following data must be indicated: first and last name, address (street, house number, city with postal code), contact telephone number, Product, quantity of the Product, place and method of delivery of the Product, method of payment.

4.5 The Order is placed by means of an interactive form when the ‘ORDER’ box is clicked on in the form.

4.6 After submitting the Order, the Seller shall immediately (1) confirm its receipt, which makes the Customer bound by his/her statement and (2) accept the Order for execution - at this moment the Contract of Sale is concluded. Confirmation of the receipt of the Order and acceptance of it for execution takes place by sending the Customer a relevant message to the electronic mail address (e-mail address) provided during the placement of the Order.

4.7 While placing an Order using the interactive form - until the moment of placing the Order - the Customer has the possibility of modifying the data entered. In order to do so, the Customer should be guided by the messages displayed to him/her and by the information available on the website of the Internet Shop.

5 DELIVERY

5.1 In the case of conclusion of a Contract of Sale, the delivery of the Product shall be completed no later than within 14 calendar days (NOTE: as a rule, the delivery period should not exceed 30 calendar days) counting from the day on which the Contract of Sale was concluded.

5.2 The Seller shall deliver the Products according to the Customer's choice:

5.2.1. by its own transport; or

5.2.2. by mail or by the carrier indicated during the placing of the Order.

5.3 The delivery of the Products is available within the territory of: The Republic of Poland.

5.4 Pursuant to Art. 545 § 2 of the Civil Code, if the Product is sent to the Customer via a carrier, the Customer shall be obliged to examine the consignment at the time and in the manner usual for consignments of this type. If he finds that a defect or damage to the Product occurred during transport, he is obliged to perform all actions necessary to establish the carrier's liability.

6. PAYMENT

6.1 The Seller shall make available the following methods of payment:

6.1.1. Cash on delivery;

6.1.2. By bank transfer (details of the Seller's bank account are indicated on the website of the Store and in the e-mail message sent to the Customer after submitting the Order).

6.1.3. Electronic payment handled by DotPay, PayPal.

6.2 In the case of a method of payment other than cash on delivery, the Customer is obliged to pay the price of the Sales Agreement within 7 days of its conclusion, unless the Sales Agreement provides otherwise.

6.3 In the case of Customers who are not consumers at the same time, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part.

7. RIGHT OF WITHDRAWAL

7.1 A Customer who is also a Consumer who has concluded a Sales Contract or a contract for the provision of Electronic Services, may withdraw from it without giving reasons, by submitting an appropriate declaration in writing within a period of ten days.

7.2 The ten-day period within which the Consumer may withdraw from a Sales Contract or an agreement for the provision of an Electronic Service shall be calculated from the date of delivery of the Product in the case of a Sales Contract, and when the agreement concerns the provision of an Electronic Service - from the date of its conclusion.

7.3 In the event of withdrawal from the Contract of Sale or the Contract for the provision of Electronic Services, the Contract of Sale or the Contract for the provision of Electronic Services shall be deemed not to have been concluded and the Customer shall be released from all obligations. What the Parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return shall be made immediately, no later than within fourteen days.

7.4 The Seller shall refund the price paid to the bank account number indicated by the Consumer or in any other manner indicated by the Consumer.

7.5 The right of withdrawal from a distance contract shall not be granted to the Consumer in cases of: (1) the provision of services commenced, with the Consumer's consent, before the expiry of the period referred to above in points. 7.1 and 7. 2; (2) concerning audio and visual recordings and recorded on computer data carriers after the consumer has removed their original packaging; (3) contracts concerning services for which the price or remuneration depends exclusively on the price movement on the financial market; (4) services of properties specified by the consumer in the order placed by him or closely related to his person; (5) services which, due to their nature, cannot be returned or whose subject matter is subject to rapid deterioration; (6) press delivery; (7) gambling services.

8. COMPLAINT PROCEDURE

8.1 Complaints on account of non-compliance of the Product with the Sales Agreement

8.1.1. The Seller shall be liable to the Customer who is a natural person and who purchases the Product for the purpose not related to professional or economic activity, for non-compliance of the Product with the Sales Agreement to the extent specified in the Act of 27 July 2002 on the special conditions of consumer sales and on amendment to the Civil Code (Journal of Laws No. 141, item 1176 as amended).

8.1.2. Complaints regarding the non-compliance of the Product with the Sales Agreement may be made in writing to the address of Asamed Sp.z o.o. ul.Rzemieślnicza 54

62-081 Przeźmierowo, or by e-mail to: office@asamed.com.

8.1.3 The Seller shall respond to the complaint immediately, no later than within 14 days. The Seller's response to the complaint is sent to the address provided by the Customer or in any other way indicated by the Customer.

8.1.4. The Seller informs that in case of Products covered also by the guarantee, the rights on this account should be exercised in accordance with the conditions included in the guarantee card. The guarantee for the sold Product does not exclude, limit or suspend the Customer's rights under the Seller's liability for non-compliance of the Product with the Sales Agreement to the extent specified in the Act of 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws No. 141, item 1176 as amended).

8.2 Complaints related to the provision of the Electronic Service

8.2.1 Complaints related to the provision of Electronic Services may be made in writing to the address Sklep Medyczny Asamed Sp.z o.o.

ul.Rzemieślnicza 54 62-081 Przeźmierowo.

8.2.2 The Customer shall have the right to lodge a complaint within 2 months from the date on which he/she notices irregularities in the provision of Electronic Services.

8.2.3 In the content of the complaint it is recommended to provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of occurrence of irregularities and contact details - this will facilitate and accelerate consideration of the complaint by the Service Provider.

8.2.4 The complaint will be considered by the Service Provider immediately, but no later than within 14 days.

8.2.5 The Service Provider's response to the complaint shall be sent to the Client's e-mail address provided in the complaint application or in any other manner provided by the Client.

9. FINAL PROVISION.

9.1 Contracts concluded through the Online Shop shall be concluded in the Polish language.

9.2 Any matters not covered by these Terms and Conditions shall be governed by the provisions of the law in force in the territory of the Republic of Poland, including the Civil Code, the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended. ); the Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Journal of Laws No. 22, item 271 as amended); the Act on Special Terms and Conditions of Consumer Sales and Amendments to the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176 as amended) and other applicable provisions of Polish law.

9.2.1 The choice of Polish law shall not deprive the consumer of the protection afforded to him/her under provisions that cannot be excluded by agreement under the law that would be applicable in the absence of choice, i.e. the law of the country in which the consumer has his/her habitual residence, and the trader (1) performs his/her commercial or professional activities in the country in which the consumer has his/her habitual residence; or (2) directs such activities in any way to that country or to several countries including that country; and the contract falls within the scope of such activities.

9.3 The Service Provider reserves the right to amend these Terms and Conditions. The amended Terms and Conditions shall be binding on Clients if the requirements set out in Article 384 of the Civil Code have been complied with (i.e. the Client has been correctly notified of the amendments) and the Client has not terminated the agreement of a continuous nature within 14 days. Amendments to the Terms and Conditions shall not in any way prejudice the acquired rights of the Customers, in particular they shall not have any impact on the Orders placed or performed, and Sales Agreements concluded, which shall be performed in accordance with the previous rules. Should the amendment to the Terms and Conditions result in the introduction of any new fees or the increase of current fees, the Customer shall have the right to withdraw from the agreement.

9.4 The Customers may access the Terms and Conditions at any time via a link placed on the homepage of the On-line Shop and download and make a printout thereof.

9.5 Recording, securing and making available to the Customer the content of the concluded Sales Agreement and the agreement on provision of Electronic Services shall take place through (1) making the Terms and Conditions available on the websites indicated in item 9.4 and (2) sending them to the Customer. 9.4 and (2) sending an e-mail to the Customer, and in the case of a Sales Agreement also by (3) attaching a proof of purchase - a receipt or a VAT invoice to the parcels.

9.6 Disputes arising between the Service Provider, the Seller and the Client who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of 17 November 1964 (Journal of Laws No. 43, item 296 as amended). Disputes arising between the Service Provider, the Vendor and the Customer who is not a Consumer at the same time shall be submitted to the court having jurisdiction over the seat of the Service Provider or the Vendor.

9.7 These Terms and Conditions enter into force on 15.10.2012.