TERMS AND CONDITIONS OF BIOMEDICANNA ONLINE STORE
The terms used in these Terms and Conditions shall have the following meanings:
1.1. Customer – a natural person, a legal person or an organizational unit without legal personality with legal capacity granted under special regulations, who places an Order in the Store;
1.2. Civil Code – the Act of 23 April 1964 – the Civil Code (i.e. of 6 December 2018, Journal of Laws of 2019 item 80 as amended);
1.3. Code of Civil Procedure – the Act of 17 November 1964 – the Code of Civil Procedure (i.e. of 16 May 2019, Journal of Laws of 2019 item 1043 and 1146 as amended);
1.4. Terms and Conditions – these Terms and Conditions for the provision of services by electronic means via BIOMEDICANNA online store;
1.5. Online Store (Store) – online store available at https://biomedicanna.com, where the Customer may place orders, in particular;
1.6. Seller – KANABIOTECH sp. z o. o. with ts registered seat in Warsaw, KRS number: 0000439493;
1.7. Goods – products displayed in the Online Store;
1.8. Contract of Sale – a contract for the sale of Goods within the meaning of the Civil Code, concluded by and between the Seller and the Customer via the Store’s website;
1.9. Act on the Protection of Personal Data – the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018, item 1000);
1.10. Act on Consumer Rights – the Act of 30 May 2014 on Consumer Rights (i.e. of 09 March 2017, Journal of Laws of 2017 item 683 as amended);
1.11. Act on Providing Services by Electronic Means – the Act of 18 July 2002 on Providing Services by Electronic Means (i.e. of 09 June 2017, Journal of Laws of 2017 item 1219 as amended);
1.12. Order – a declaration of the Customer’s intent, aiming directly at concluding the Contract of Sale, specifying in particular the type and quantity of Goods.
2. GENERAL RULES
2.1. These Terms and Conditions determine the rules of using the Online Store available at biomedicanna.com
2.2. These Terms and Conditions are the regulations referred to in Article 8 of the Act on Providing Services by Electronic Means.
2.3. The Online Store operating at biomedicanna.com is run by the Seller.
2.4. These Terms and Conditions shall determine, in particular:
2.4.1. the terms and conditions of placing Orders in the Online Store via electronic means;
2.4.2. rules of concluding the Contracts of Sale concerning the services provided within the framework of the Online Store.
2.5. The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements and is available at main browsers.
2.6. In order to use the Online Shop, the Customer, in its own capacity, should gain access to a computer station or a terminal device with internet connection.
2.7. The Customers may access these Terms and Conditions at any time by means of a link placed on the home page of biomedicanna.com .
2.8. Information about the Goods provided on the web pages of the Store, in particular their descriptions, technical and functional parameters, as well as prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
3. RULES OF USING ONLINE SHOP
3.1. The Seller may deprive the Customer of the right to use the Online Store, and may also restrict its access to part or all of the resources of the Online Store, with immediate effect, in the event of a breach of the Terms and Conditions by the Customer, and in particular when the Customer:
3.1.1. during registration in the online store provided false, inaccurate or outdated information, which was misleading or infringes on the rights of third parties,
3.1.2. engages in other conduct contrary to the applicable legal regulations or general rules of using the internet or which undermines the good name of the Seller.
3.2. In order to ensure the security of the transfer of messages and data in connection with the services provided in the Online Store, the Seller shall take technical and organisational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent unauthorised collection and modification of personal data transmitted online.
3.3. Personal data provided by the Customer in the Online Store are processed in accordance with all regulations governing the processing of personal data, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the European Union No 119, p. 1), and the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018, item 1000).
3.4. The Customer shall in particular:
3.4.1. not provide or transmit contents that are prohibited by law, e.g. contents that promote violence, defame or infringe on the personal rights and other rights of third parties;
3.4.2. use the Online Store in a manner which does not interfere with its operation, in particular by using specific software or devices;
3.4.3. refrain from taking such action as sending or placing unsolicited commercial information (spam) on the Store website;
3.4.4. use the Online Store in a manner that is not burdensome for other Customers;
3.4.5. use any content posted within the Online Store solely for own personal use;
3.4.6. use of the Online Store in a manner consistent with the provisions of law applicable in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general principles of using the internet.
3.6. The Online Store service also allows for communication with the Seller, via:
e-mail address: [email protected]
via messaging system available on biomedicanna.com
4. CONCLUSION OF THE SALE
4.1. The prices of Goods visible in the Online Store are total prices for the Goods, including VAT.
4.2. Total price of the Order consists of the amounts indicated in the Online Store: the price for the Goods and, if applicable, the costs of delivery. The price does not include payable customs tax. In case an obligation to pay this tax arises according to the valid legislation, it should be paid by the Client.
4.3. The Goods selected for purchase should be added to the basket in the Online Store.
Then the Customer chooses from the available in the Online Store: the method of delivery of the Goods and the method of payment for the Order, and also provides the data necessary to complete the Order (such as e.g. name and surname/company’s name, delivery address, billing address, additional information – if necessary).
4.4. The Order is placed upon confirmation of its content and acceptance of the Terms and Conditions by the Customer. Upon placing the Order, the Contract of Sale between the Customer and the Seller is concluded.
4.5. The Seller shall provide the Consumer with confirmation of the conclusion of the Contract of Sales on a durable medium at the latest upon delivery of the Goods.
4.6. The Buyer may register in the Online Store, i.e. set up an account or make purchases without registration by providing data with every possible Order.
5.1. Delivery of Goods is possible in countries: Slovenia, Croatia, Finland, Bulgaria, Greece, Romania, Poland, Germany, Czech Republic, Slovakia, Lithuania, Estonia, Latvia, Austria, Belgium, Denmark, Luxembourg, Netherlands, United Kingdom, France, Portugal, Spain (except for Canary Islands), Ireland, Italy, Hungary, Sweden.
5.2. Shipping of the ordered Goods is performed: via courier. . In case of the Order in the value of minimum 90 EUR the Seller covers shipping cost. Delivery costs will be indicated at the time of placing the Order.
5.3. The Seller will release the Goods within 1 working day from receipt of the payment by the Seller.
5.4. Consolidation, security, rendering available and confirmation of the essential provisions of the Contract of Sale of the Goods to the Customer shall be effected by sending to the Customer, to the e-mail address provided, and by attaching to the consignment containing the Goods ,a printout of the confirmation, the specification of the Order and the VAT invoice.
6. PRICES AND METHODS OF PAYMENT
6.1. The Customer pays for the goods via QuickPay payments system.
6.2. In case an invoice is needed Customer should contact: [email protected]
7. RIGHT OF WITHDRAWAL
7.1. The Customer has the right to withdraw from the Contract of Sale of the Goods within 14 days without giving any reason. The period for withdrawal from the Contract expires after 14 days from the day on which the Customer took possession of the Goods or on which a third party other than the carrier and indicated by the Customer took possession of the Goods. In order to exercise the right of withdrawal, the Customer shall inform the Seller via: [email protected] A statement on withdrawal may also be made by letter using the form set out in Annex 2 to the Act on Consumer Rights. In order to meet the deadline for withdrawal from the Contract of Sale, it is sufficient for the Customer to send information concerning the exercise of the right to withdraw from the Contract of Sale before the expiry of the deadline for withdrawal.
7.2. In the event of withdrawal from the Contract of Sale, the Seller shall reimburse to the Customer for all payments received, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than within 14 days from the date on which the notice of withdrawal from the Contract of Sale reached the Seller. The Seller shall refund the payment using the same payment methods as those used by the Customer in the original transaction, unless the Customer expressly agrees otherwise; in any event, the Customer shall not be charged any fees in connection with the refund.
7.3. The Customer shall return the Goods to the Seller not later than within14 days from the day of withdrawal from the Contract of Sale. In order to meet the time limit specified, it is sufficient to send the Goods back before the expiry thereof. The Customer only bears the direct cost of returning the Goods.
8. COMPLAINTS CONCERNING THE GOODS
8.1. The Seller shall be held liable towards the Customer who is the Consumer within the meaning of Article 22 of the Civil Code by way of warranty for defects in the scope specified in the Civil Code, in particular in Article 556 and Articles 556 – 556 of the Civil Code.
8.2. Complaints following violation of rights of the Customer guaranteed by law, or on the basis of these Terms and Conditions, should be sent to [email protected] . The Seller undertakes to consider each complaint within 14 days.
9. COMPLAINTS CONCERNING THE PROVISION OF SERVICES BY ELECTRONIC MEANS
9.1. The Seller takes measures to ensure the fully proper functioning of the Store, to the extent resulting from current technical knowledge and undertakes to remove within a reasonable period of time any irregularities reported by the Customers.
9.2. The Customer shall immediately notify the Seller of any irregularities or interruptions in the functioning of the Online Store website.
9.3. Any irregularities related to the functioning of the Store should be reported by the Customer by e-mail to [email protected] .
9.4. In the complaint, the Customer should state the name, address for correspondence, type and date of occurrence of irregularities related to the functioning of the Store.
9.5. The Seller undertakes to consider each complaint within 14 days.
10. NEWSLETTER TERMS AND CONDITIONS
10.1. In case of consent to the processing of personal data given in the form on biomedicanna.com for marketing purposes of the Seller, including in particular to receive commercial communication by e-mail (e.g. in the form of a newsletter) or telephone, the Customer shall be provided with a service consisting in periodical sending of information in the form of an electronic letter (e-mail), hereinafter referred to as the “Newsletter”, via e-mail, to the e-mail address provided by the Customer. The Newsletter service shall be provided free of charge for an indefinite period of time.
10.2. The Newsletter contains information about the Seller’s product range, new products, current promotions and other information about the Seller and its products, including opinions, press materials, links to sites friendly to the Seller.
10.3. The Customer may at any time, without giving a reason and without incurring costs, change the previously indicated e-mail address to which the Newsletter is sent or resign from the Newsletter service by sending to the Seller an appropriate request to the e-mail address [email protected] .
10.4. Complaints concerning the Newsletter service should be submitted by e-mail to the following address: [email protected] .
10.5. The complaint should include the name, surname, e-mail address of the Customer, description of the subject of the complaint, including the specification of the request and its justification and the signature of the person lodging the complaint.
10.6. Complaints will be considered within 14 days of their receipt by the Seller. The Seller will immediately notify the complainant of the decision concerning the complaint via e-mail to the e-mail address provided in the complaint.
11. FINAL PROVISIONS
11.1. Resolution of any disputes arising between the Seller and the Customer who is a consumer in the meaning of Article 22 of the Civil Code shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
11.2. Resolution of any disputes arising between the Seller and the Customer who is not a consumer within the meaning of Article 22 of the Civil Code shall be submitted to the court having jurisdiction over the seat of the Seller.
11.3. The Seller shall inform the Customer who is the Consumer about the possibility of using out-of-court means of complaint handling and asserting claims. The rules for access to these procedures are available at the premises or on the websites of the entities qualified to handle disputes out of court. These may include, in particular, the consumer ombudsmen or Voivodship Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumerckie.php.
11.4. The Seller informs that a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.
11.5. In matters not regulated in these Terms and Conditions the provisions of the Civil Code, the Act on Consumer Rights, the Act on Providing Services by Electronic Means and other relevant provisions of Polish law shall apply.