Welcome to the world of samarité!
To begin with, our full registration details of the service provider as samarité.eu: the owner of the website is zeme pharm anna mrowińska, al. Jana chrystiana szucha 3 lok. 2 00-580 warsaw, nip: 9680876255, regon 300281484,
Below you will find the terms and conditions, which contain information on, among other things, how to place an order leading to the conclusion of an agreement, details on the execution of the concluded agreement, forms of delivery and payment available on the website, the procedure for withdrawal from the agreement or the complaint procedure.
In case of any comments, questions, doubts we are at your disposal at e-mail address: [email protected] or phone number: + 48 602-613-200
In accordance with the regulations, we would like to inform you that we have designated a point of contact, which can be used for direct communication with the authorities of the member states, the commission, the digital services board, but also with users using the service.
The point of contact is located at the e-mail address [email protected]
Greetings from the secret world of samarité and we wish you a pleasant use of our service!
1.1. These Terms and Conditions apply to consumers and entrepreneurs using the Online Store unless a specific provision provides otherwise. The Terms and Conditions set out the rules for the use of the Online Store available at www.samarite.eu/eu.
1.2. The Online Store at www.samarite.eu/eu is operated by Zeme Pharm Anna Mrowińska with its registered office in Warsaw, Poland (address of the registered office: al. Jana Chrystiana Szucha 3/2, 00-580 Warsaw), NIP: 9680876255, REGON 300281484, e-mail: [email protected].
1.3. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services.
1.4. These Terms and Conditions set out without limitation:
a. rules of registration and use of the account within the Online Store;
b. terms and conditions for electronic placement of Orders in the Online Store;
c. rules of conclusion of Sales Contracts using the services provided via the Online Store.
1) Business Day – any single day from Monday to Friday excluding public holidays;
2) Order Form – an Electronic Service, an interactive form available in the Online Store that enables Order placement, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Contract, including the method of delivery and payment;
3) Civil Code – the Act of 23 April 1964 – Civil Code (consolidated text Journal of Laws 2020, item 1740, as amended);
4) Client – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; legal person or non-corporate body to which legal capacity is granted by law – which has concluded or intends to conclude a Sales Contract with the Seller;
5) Responsible Person – Zeme Pharm Anna Mrowińska, al. Jana Chrystiana Szucha 3/ 2, 00-580 Warsaw, Poland, entered in the Register of Entrepreneurs – Central Register and Information on Business Activity (CEIDG), NIP: 9680876255;
6) Terms and Conditions – these Terms and Conditions of the Online Store;
7) Rules of Promotion – separate terms and conditions available on the website of the Store, specifying the rules of a promotion organized at any given time by Zeme Pharm Anna Mrowińska;
8) Website – the website available at www.samarite.eu/eu, of which the Online Store forms part, through which the Client may in particular place Orders;
9) Online Store – the online store of the Service Provider available at: www.samarite.eu/eu;
10) Seller, Service Provider – Zeme Pharm Anna Mrowińska, al. Jana Chrystiana Szucha 3/ 2, 00-580 Warsaw, Poland, entered in the Register of Entrepreneurs – Central Register and Information on Business Activity (CEIDG), NIP: 9680876255;
11) Goods – products (movable items) presented at the Online Store forming part of the Website www.samarite.eu/eu, which are the subject of the Sales Contract between the Client and the Seller;
12) Sales Contract – the sales contract for the Goods concluded between the Client and the Seller via the Online Store;
13) Service Recipient – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; legal person or non-corporate body to which legal capacity is granted by law – which uses or intends to use an Electronic Service;
14) Electronic Service – a service provided electronically by the Service Provider to the Client via the Online Store;
15) Consumer Rights Act – Act of 30 May 2014 on consumer rights (consolidated text, Journal of Laws 2020, item 287, as amended);
16) Electronic Services Act – Act of 18 July 2002 on the provision of electronic services (consolidated text, Journal of Laws 2020, item 344, as amended);
17) Order – the Client’s statement of intent submitted by means of the Order Form and directly leading to the conclusion of a contract with the Seller concerning the sale of a Product.
18) User Content - any data or information produced or provided by the User in the course of using the Service, in particular:
a) opinions about the Products or the Service,
b) comments under the content available on the Site,
19) Newsletter - digital service provided electronically by the Service Provider, consisting of sending by the Service Provider, information for commercial, sales, promotional, educational and advertising purposes to the e-mail address provided by interested Clients
e-mail address and under the terms of these Regulations.
20) Digital Goods - digital content or digital services offered by the Service Provider to Clients in exchange for the provision of contact information, including personal data, e.g. by subscribing to the Newsletter,
21) Contract for delivery of Digital Goods - a contract concluded between the Client and the Service Provider, for the delivery of digital content or digital services in exchange for the provision of personal data by the Client.
2. Rules of use of the Online Store
2.1. The use of the Online Store begins when the Client adds the first Product to the electronic shopping cart in the Online Store (Order Form).
2.2. An Order is placed after the Client has completed two consecutive steps:
1. filled in the Order Form and
2. clicked the “I order with the obligation to pay” button on the site of the Online Store after filling in the Order Form – until then the Client can modify on their own the fields filled in (to do so, follow the messages displayed and the information available on the site of the Online Store).
2.3. The Client must provide the following details on the Order Form: name and surname/company name, address (street, apartment number, zip code, city, country), e-mail address, contact telephone number, as well as details relating to the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. If not a consumer, the Client must also provide their company name and NIP number.
2.4. The Electronic Service – Order Form is provided free of charge on a one-off basis and is completed upon placement of an Order using the Order Form or when the Service Recipient resigns from placing the Order using the Order Form.
2.5. Registration with the site is not necessary for the placement of an Order at the Online Store.
2.6. A summary of the Order placed is displayed after the Client using the Online Store has provided all the necessary details in the Order Form. A summary of the Order placed will include information regarding:
a) the subject of the order,
b) the unit price and total price of the products or services ordered, including delivery costs and additional costs (if any),
c) the chosen payment method,
d) the chosen delivery method.
2.6. The placement of an Order by the Client is tantamount to a statement of intent to conclude a Sales Contract with the Seller in accordance with the Terms and Conditions.
2.7. Once the Order has been placed, the Client will receive an “Order Confirmation” e-mail.
2.8. The Contract is considered to be concluded upon receipt by the Client of the e-mail referred to in Section 2.7. of the Terms and Conditions.
2.9. The content of the concluded Sales Contract is recorded, secured and provided to the Client by way of (1) making these Terms and Conditions available on the site of the Online Store, and (2) sending the Client the e-mail referred to in Section 2.8. of the Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Store.
2.10. The Sales Contract is concluded in English in accordance with the Terms and Conditions of the Online Store. The Contract is governed by Polish law. The choice of foreign law is without prejudice to the protection afforded to Clients (consumers) by the mandatory provisions of the law of the country of their habitual residence.
2.11. The Online Store reserves the right to cancel an Order if the Client fails to pay for the goods ordered within three business days.
2.12. The Store is entitled to set a limit on the number of items of a particular product or group of products that may be ordered at a time.
2.14. The Service Recipient must use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The data provided by the Service Recipient must be true to the facts. The Service Recipient is prohibited from delivering any content of an unlawful nature.
2.15. Complaint procedure
1. The Service Recipient may file complaints relating to the provision of Electronic Services by the Service Provider and other complaints relating to the operation of the Online Store (with the exception of the Product complaint procedure referred to in Section 9 of the Terms and Conditions) for example by the following means:
– in writing to the address: Al. J. Ch. Szucha 3/2, 00-580 Warsaw, POLAND;
– electronically via e-mail to the following address: [email protected]
2. It is recommended that the Service Recipient provide the following details in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, including but not limited to the type and date of occurrence of the irregularity; (2) the Service Recipient’s claim; and (3) contact details of the complainant – this will facilitate and accelerate the handling of the complaint by the Service Provider. The requirements stated in the preceding sentence are a recommendation only and do not affect the validity of filed complaints that do not contain the recommended description of the complaint.
3. The Service Provider will respond to the complaint immediately and no later than within 14 calendar days from the filing date.
2.16 RULES FOR POSTING USER CONTENT ON THE WEBSITE (INCLUDING OPINIONS ABOUT PRODUCTS AND SERVICES)
2.16.1 Please be advised that all opinions posted on the Store website are verified by Zeme Pharm to ensure that they come only from people who have purchased the product in question. To this end, after an opinion is added and before it is posted on the Store's website, it is verified with the database whether the person posting the opinion actually purchased the product. In the case of opinions that do not meet this condition, they are not posted on the Store's website.
2.16.2. For the purposes of the provisions of these Regulations and rules on the verification of opinions on Products by a product as a single item present in the Online Store marked with a given product code.
2.16.3 Opinion may be made only in verbal form excluding images, links or web links. If the User intends to post any User Content on the Website, the User is obliged to edit the User Content in accordance with the rules of the Polish language, in a balanced and factual manner.
2.16.4 The opinion must be authored by the User who purchased the product in question and must contain subjective impressions of the use of the product in question from the Samarité brand and its evaluation.
2.16.5. After the User adds an Opinion, it will be subject to verification that it meets the criteria set forth in the Regulations. In the case of positive verification, the Opinion will be published in the Online Store on the Product Card to which the Content pertains.
2.16.6 The Store reserves the right to refuse to publish the Content. In case the Opinion is contrary to these Regulations, does not meet the criteria specified in the Regulations or contains content indicated in Section 8 contrary to the Regulations.
2.16.7 Once an Opinion has been accepted by Zeme Pharm and published on the Product Card, the User will not be able to modify the Opinion.
2.16.8. The User may not post User Content that constitutes illegal content as defined in the Digital Services Act (DSA) or is otherwise inconsistent with the Terms and Conditions or good morals, which means that you may not post User Content that:
1) are inconsistent with the content appearing on the Service;
2) duplicate content that previously appeared on the Service. Before posting new content, the User is obliged to make sure that similar content has not been posted before;
3) concern technical issues related to the functioning of the Service - technical issues should be reported by Users electronically to the e-mail address [email protected];
4) contain links or other content of spam nature;
5) serve to conduct activities that are competitive to Zeme Pharm
6) serve to conduct unauthorized advertising, promotional, marketing activities, in particular by posting advertisements, sales and promotion of products, services, projects, collections;
7) serve to conduct activities prohibited by law, such as attempts to defraud and defraud other Users;
8) incite violence against any living beings, including animals, or praise such violence;
9) propagate any fascist or other totalitarian state system;
10) incite hatred on the basis of gender, sexual, national, ethnic, racial, religious differences, or on the basis of irreligiousness, or praise such hatred;
11) insult a group of people or individuals because of their gender, sexual, national, ethnic, racial, religious affiliation or because of their irreligiousness;
12) contain content of a chauvinistic or misogynistic nature, as well as bearing the hallmarks of gender discrimination;
13) defame or insult any third party;
14) violate the personal rights of any third party;
15) violate the copyright of any third party;
16) contain vulgarities or other content of an offensive nature;
17) incite dangerous behavior or praise such behavior;
18) offend religious feelings;
19) may cause discomfort to other Users, in particular by lack of empathy or respect for other Users;
20) violate the applicable legal order or good morals in a manner other than that specified in items 1 - 19.
2.16.19 Zeme Pharm has the ability to perform verification of materials posted by Users of the site at any time. The verification process is carried out in accordance with the principles of impartiality, objectivity and accuracy. At the same time, Zeme Pharm points out that it is not obliged to carry out pre-selection of users' materials, for example, through a pre-publication approval system or other types of preliminary assessments.
2.16.20. If it is noticed that a user's material does not comply with the rules of the service, it may be temporarily blocked, which will prevent access to it by other users, or in the case of a serious violation of the rules - completely removed.
2.16.21. In a situation where content provided by a user is blocked or removed, Zeme Pharm shall immediately inform the author of such materials, providing reasons for the decision.
2.16.22. The user whose material has been blocked or removed due to non-compliance with the Rules, has the right to file an objection based on established procedures.
2.16.23. Zeme Pharm guarantees that the appeal process on blocked or removed materials will not be carried out automatically. Zeme Pharm's qualified personnel will be responsible for assessing the correctness of the decision to block or remove content.
APPEAL PROCESS FOR CONTENT POSTED ON THE SITE
2.16.24 When content posted on the site by a user may be in violation of the Terms of Service, another user or a third party has the right to report the content for review by Zeme Pharm. There are various methods of reporting, including:
(a) by sending an email to [email protected];
2.16.25 The notification shall meet the requirements of the Digital Services Act (DSA), including:
(a) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the User Content does not comply with the Regulations;
(b) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, if applicable, additional information to identify the User Content, as appropriate to the type of User Content and the specific type of hosting service;
(c) the name and email address of the person or entity making the report, except for a report concerning information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU;
(d) a statement confirming the bona fide belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
2.16.26 Upon receipt of a notification, Zeme Pharm shall promptly acknowledge its receipt to the notifier by email. If the notification is incomplete or incorrect, Zeme Pharm will ask for its correction or completion within 14 days. Failure to respond within this period will result in leaving the application without further consideration.
2.16.27 Zeme Pharm shall proceed to analyze the content within 14 days of receipt of a complete application at the latest, acting independently, objectively and accurately. It may request additional data or documents from the applicant, e.g. proving the copyright of the controversial content.
2.16.28 As part of the verification process, Zeme Pharm has the right to temporarily block the disputed content, making it invisible to other users.
2.16.29. Upon completion of the review, Zeme Pharm may either definitively block or remove the content for violating the terms and conditions, or determine its compliance with the terms and conditions. If the content has been temporarily blocked, but definitively found not to be in violation of the regulations, it shall be restored, and the applicant shall be informed of the decision with the reasons.
2.16.30. Of any action to block or remove content, Zeme Pharm shall inform both the applicant and the user who published the content, providing the reason for the decision.
2.16.31. In the case of blocking or removal of content, the author of the content or the applicant may file an appeal, the procedure for which is described in the relevant paragraph of the regulations.
2.16.32. Zeme Pharm ensures that the appeal process will be carried out manually by a team of employees, which guarantees an individual approach to each case of blocking or removal of content.
SANCTIONS FOR UNACCEPTABLE USER CONTENT
2.16.33 If a User uses the Website in violation of the Terms of Service by posting any User Content that violates the Terms of Service, Zeme Pharm may:
1)block the User's account or
2)Permanently delete the User's account or
3)suspend the User from using certain functionalities of the Website or
4)permanently prevent the User from using certain functionalities of the Website.
2.16.34 The choice of the measure referred to in paragraph 1 depends on the circumstances of the case and the severity of the violation committed by the User while using the Service. These measures shall remain independent of other actions that Zeme Pharm may take with respect to User Content, such as blocking access or permanently deleting User Content.
2.16.35 In choosing the measure referred to in paragraph 1, Zeme Pharm shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved.
2.16.36 Blocking of the User's account or suspension of the use of certain functionalities of the Website may occur for a period of 5 to 10 days. After the expiration of the stipulated period, Zeme Pharm removes the blocking of the User's account or restores access to the functionalities of the Website that remained suspended.
2.16.37.In the case of application of the measure referred to in paragraph 2.12.33, the User against whom the measure was applied may file an appeal according to the rules described below.
APPEAL PROCEDURE REGARDING. APPLIED BY THE STORE OF THE MEASURE REFERRED TO IN PARA. 2.12.33
2.16.38 Zeme Pharm guarantees that the appeal process against the application of a disciplinary measure will not be conducted automatically. The assessment of the correctness of the measure shall be carried out by a qualified team of Zeme Pharm employees.
2.16.39 In situations where:
(a) Zeme has not taken action against the User's reported Content, i.e. has not blocked or removed it;
b) Content has been blocked or removed in a manner that does not comply with the Terms of Service;
c) Zeme Pharm has imposed sanctions on the User in connection with the published Content (e.g., suspension or termination of access to the services, suspension of the user's account, etc.);
- The person who posted the indicated content or submitted it for review has the right to file an appeal.
2.16.40. Zeme Pharm's decisions regarding content must be adequately justified to allow for appeal, unless the decision is based on an official order from public authorities.
2.16.41 The justification of the decision should comply with the requirements of the Digital Services Act (DSA) and include elements such as:
1) The type of content decision taken (e.g., removal, restriction of access, change of search position), the territorial scope of the decision, and the duration of the decision;
2) The facts and circumstances justifying the decision, including the source of the notification (other users, own checks) and, if necessary, the details of the notifier;
3) Information on the possible use of automation in the decision-making process;
4) The legal or contractual basis for the decision, if it involves potentially prohibited content, and the rationale for why the content was found to be in violation of the law or regulations;
5) Information on the remedies available to the user or reporter.
2.16.42 An appeal can be made in three ways:
1) Electronically, by sending a message to [email protected];
2) Through the contact form available on the site;
3) By traditional mail, preferably by registered mail, to the address of the company's headquarters.
2.16.43. In the appeal, you must provide:
1) Name or company name of the appellant;
2) Contact information;
3) Argumentation why the decision should be changed.
2.16.44. Upon receipt of the appeal, Zeme Pharm shall confirm its receipt by e-mail.
2.16.45. Appeals are processed within 14 days of receipt.
2.16.46. Zeme Pharm shall not be liable for User Content posted on the Website, provided that Zeme Pharm:
1)does not have actual knowledge of illegal activity or illegal User Content and, with respect to claims for damages, does not know of facts or circumstances that clearly demonstrate illegal activity or illegal User Content; or
(2) promptly take appropriate action to remove or prevent access to illegal User Content when it obtains such knowledge or knowledge.
3. Rules of Promotion
3.1. The Seller will from time to time organise promotions concerning the Goods available at the Online Store.
3.2. Each Client can take advantage of the promotion while it lasts.
3.3. The terms of the promotion are set out on a case-by-case basis in separate Rules of Promotion, the current version of which can be found here.
3.4. The link to the Rules of Promotion is only active as long as the promotion is valid.
3.5 DIGITAL GOODS
3.5.1 Through the Platform, the Service Provider shall make digital content or services available to Customers in exchange for providing their personal information and subscribing to the Newsletter, which is provided by the Service Provider. This offer is addressed to individuals only.
3.5.2 When the checkbox is ticked or the form is filled in with personal data, a free Contract for the provision of Digital Goods is concluded between the Client and the Service Provider, in accordance with the terms and conditions specified in the offer and derived from these Regulations.
3.5.3 The Contract for delivery of Digital Goods is free of charge, and the Service Provider obtains only the necessary personal data from the Client. Provision of such data is voluntary.
3.5.4 The Customer's entry of erroneous or false information shall result in the invalidity of the Contract for delivery of Digital Goods.
3.5.5 The digital content covered by the Contract shall be delivered in the form and format specified in the offer.The Service Provider shall not update the already delivered digital content.
3.5.6.The Service Provider shall exercise diligence to deliver Digital Goods in accordance with the Contract. However, if the Client considers that the delivered service or content does not meet the conditions specified by the Service Provider, or if there are circumstances indicated in the Consumer Rights Law regarding the non-compliance of the digital content or service with the concluded contract, the Client has the right to exercise the rights regulated by this Law.
3.5.7 All letters and requests related to the inconsistency of digital content or services with the concluded contract should be submitted electronically, to the e-mail address: [email protected]. In the content of the letter, the Client should provide his/her personal information and e-mail address for effective communication on the reported problems. Upon receipt of such information, the Service Provider will acknowledge its receipt and within two weeks from the date of receipt, will respond to the Client's requests in accordance with the provisions of the Law.
3.6.1 Newsletter, i.e. the provision of information by the Service Provider, is a free of charge, non-cyclical service for an indefinite period of time.
3.6.2. The Customer's subscription to the Newsletter shall be confirmed by an email sent by the Service Provider to the address indicated by the Customer in the relevant field of the Platform or during the submission of the Order after checking the relevant checkbox.
3.6.3. Before agreeing to receive commercial information, the Customer is obliged to read the rules of personal data processing.
3.6.4. Ordering a Newsletter by the Customer and providing his/her e-mail address for this purpose is tantamount to agreeing to receive commercial information from the Service Provider pursuant to the provisions of the Act of July 18, 2002 on electronic service provision.
3.6.5. At the e-mail address provided by the Client, the Service Provider shall send information about the current commercial offer of the Service Provider, including, in particular, commercial information, advertising, marketing and educational content in the field of healthy lifestyle and nutrition, as well as inform about special offers addressed primarily to Newsletter subscribers.
3.6.6. The Client may withdraw his/her consent to receive the Newsletter from the Service Provider at any time. In each email from the Service Provider there will be an option to click the button "I want to unsubscribe from the Newsletter".
3.9.7. The administrator of personal data in the scope of the Newsletter is the Service Provider.
4. User registration
4.1. The Client can register with the site by creating a user account. To do so, the Client must register an account on www.samarite.eu/eu and accept these Terms and Conditions.
4.2. For correct registration it is necessary to fill in all required fields in the registration form and click the “Submit” button. The Service Recipient must provide the following details in the Registration Form: name and surname, e-mail address and password.
4.3. Complaints about services provided electronically and related to the operation of the online store www.samarite.eu/eu may be filed by the Client to the e-mail address [email protected]. A complaint filed in this manner will be considered by the Seller within 14 calendar days from its receipt.
4.4. The Electronic Service – Account is provided free of charge for an indefinite period of time. The Service Recipient may remove (resign from) the account at any time, without giving any reason and at no cost, by sending a request to this effect to the Service Provider, in particular via e-mail to the address: [email protected] or in writing to the address: Al. J. Ch. Szucha 3/2, 00-580 Warsaw, Poland.
5.1. Goods are delivered to the address given by the Client on the Order Form in the process of ordering.
5.2. We make every effort to ensure that Orders are processed and shipped as soon as possible. Orders with Goods will be forwarded to the courier within 1 to 3 business days or, in the case of promotion, within 7 business days after the payment is registered. Nearly all Orders are shipped within 48 hours of being placed. Shipping may take longer only in exceptional cases.
5.3. Goods are delivered to the Client for a fee unless the Sales Contract provides otherwise. Orders are delivered by courier. Delivery costs of Goods (including transport, delivery and postal service charges) are stated to the Client in the costs of delivery tab in the Online Store and at the time of placing an Order, including at the time when the Client expresses an intent to be bound by the Sales Contract.
The total amount payable is the sum of the price of all products ordered and of the delivery costs. Customs fees may apply (in your country of delivery) regardless of where you shop from. If a customs fee applies, you will be contacted by the courier company/authority etc. to collect the fee. The fee will be charged regardless of the shipping price and we have no control over its amount.
5.4. Once the Order is picked up by the carrier, the delivery time will depend on the carrier.
5.5. The essential terms of the Sales Contract for Goods will be recorded, secured, provided and confirmed to the Client by mailing a confirmation or specification of the Order or a receipt or a VAT invoice or an electronic invoice to the e-mail address provided by the Client.
6. Electronic invoices
6.1. A VAT invoice for the purchase of Goods will be issued and sent to the Buyer. By concluding a Sales Contract and accepting the Terms and Conditions of the Store, the Client consents that invoices (including duplicates and correction invoices) may be issued and provided by the Store in electronic form in accordance with Article 106n(1) of the Act of 11 March 2004 on the tax on goods and services (Journal of Laws 2004, No 54, item 535, as amended).
6.2. Consent to the provision of invoices in electronic form is tantamount to the resignation from receiving invoices in paper form. Notwithstanding the preceding sentence, the Client’s consent to the issuance and mailing of invoices in electronic form does not exclude the Store’s right to issue and the Client’s right to request invoices in paper form.
6.3. The Client may express their wish to receive an invoice in paper form via e-mail to the address: [email protected] immediately after placing the Order or by filling in the “comments” field of the Order Form during the ordering process. The Store agrees to send the invoice in paper form to the invoicing address.
6.4. The Seller agrees to issue an invoice at the time the Order is shipped from the warehouse. The Store will issue and provide invoices in electronic form in a way that guarantees the authenticity of their origin and integrity of their content in PDF (Portable Document Format). Each invoice in electronic form will be provided to the Client via e-mail to the e-mail address provided by the Client at the time of placing an Order or creating a Client Account. The date of registration of the shipment on the Store’s server is considered to be the date of effective service of the invoice.
6.5. The Store is not responsible for non-receipt of an electronic invoice by the Client if it is due to reasons beyond the Seller’s control, in particular if (1) it is a consequence of the Client providing an incorrect/non-existent e-mail address; (2) loss of access to the e-mail address provided by the Client; (3) flagging down of a message to which an electronic invoice was attached as “spam” by the Client’s IT system; (4) the Client’s deletion of a message to which an electronic invoice was attached, or (5) no Internet access on the Client’s part. The Seller will also not be liable if the Client provided wrong details for the purposes of VAT invoicing during the registration process.
7. Prices and payment methods
7.1. Prices of Goods are stated in the currency of purchase and are inclusive of all the components (subject to paragraph 5.3. of the Terms and Conditions), including VAT (at the applicable rate).
7.2. The Client has the option to pay by:
b) Mastercard/Visa credit card,
c) Bank transfer – bank account numbers to which payment should be made are indicated in the last stage of the checkout and are also stated below:
Zeme Pharm Anna Mrowińska
Al. Jana Chrystiana Szucha 3/2
10 1050 1025 1000 0097 1430 3626
Zeme Pharm Anna Mrowińska
Al. Jana Chrystiana Szucha 3/2
PL 15 1050 1025 1000 0097 3870 5244
7.3 Deliveries are made by courier available when submitting an order with the following prices:
FedEx from 24,00 €
DPD courier from 10,00 €
FedEx from 41,25 USD
8. The right of withdrawal from contract
8.1. A consumer can withdraw from a distance contract within 14 calendar days without giving any reason and at no cost other than that referred to in Section 8.6.5. of the Terms and Conditions.
8.2. The time limit from withdrawal from contract expires 14 days from the day on which the Client gained possession of the item or on which a third party designated by the Client and other than the carrier gained possession of the item.
8.3. To exercise the right of withdrawal, the Client must inform the Store of their decision to withdraw from this contract by way of an unequivocal statement (e.g. a letter sent by e-mail to [email protected] or by traditional post to Zeme Pharm, al. Jana Chrystiana Szucha 3/ 2, 00-580 Warsaw, Poland).
8.4. The Client may use a return form available from the Store’s website under the “Returns and Complaints” tab and fill it out on paper or electronically.
8.5. In order to meet the time limit for withdrawal from contract, it is sufficient that information concerning the exercise of the Client’s right of withdrawal be sent prior to the expiry of that time limit.
8.6. Consequences of withdrawal from contract
8.6.1. In case the Client withdraws from contract, we will refund all sums paid by the Client, including delivery costs, without any delay and in no case later than 14 days from the day on which the Store was informed of the Client’s decision to exercise their right of withdrawal. Refund will be made by the same method as that used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs to them. The Store may withhold the refund until it has received the item being returned or a proof of its return, whichever is earlier.
8.6.2. The consumer must return the Goods to the Seller without any delay and in no case later than 14 days from the date of withdrawal from the Sales Contract. In order to meet this time limit, it is sufficient that the Goods are sent back to the Seller’s address prior to its expiry.
8.6.3. The right of withdrawal from the Sales Contract does not apply to the Client who is a consumer in relation to contracts under which Goods are delivered in sealed packaging and cannot be returned after opening the package for health or hygiene reasons, if the packaging has been opened after delivery.
8.6.4. If the consumer exercising their right of withdrawal has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is under no obligation to refund the additional costs incurred by the consumer.
8.6.5. In the case of withdrawal, the Client who is a consumer will bear only direct costs of returning the Goods, i.e. costs of sending the Goods to the Seller.
8.6.6. The consumer will be liable for any decrease in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, features and operation of the Goods.
8.6.7. The address for the return of Goods is as follows: 4Values Sp. z o.o. ul. Parzniewska 4 05-800 Pruszków, Poland.
8.6.8. In order to facilitate the return process, the Client should attach the order number to the returned Goods. The refund process associated with withdrawal from contract may otherwise be prolonged.
9. Complaints about Goods
9.1. The basis and scope of the Seller’s liability towards the Client for physical or legal defects of the sold Product (warranty) are defined by generally applicable laws, including but not limited to the Civil Code (in particular Articles 556-576 of the Civil Code).
9.2. In the event of a defect in the Goods, the Buyer may file a complaint under a warranty or guarantee governed by the Civil Code, if a guarantee has been granted.
9.3. The Seller is liable for the Goods sold to the consumer if the defect is identified within 2 years from the date of delivery of the Goods. For the duration of one year of the Seller’s liability, it is presumed that the identified defect or its cause already existed at the time of sale. If a defect is noticed at a later date, i.e. between 12 and 24 months after delivery of the Goods, it is up to the consumer to prove that the defect existed at the time of purchase.
9.4. Using the warranty, the Buyer may, under the terms and within the time limits set out in the Civil Code:
1.. Submit a statement on price reduction
2. In the case of a material defect – submit a statement on withdrawal from contract
3. Demand replacement with a defect-free item
4. Demand removal of the defect
9.4. The Seller requests that warranty complaints be submitted by e-mail to the address: [email protected], by traditional mail to the address: Zeme Pharm, al. Jana Chrystiana Szucha 3/ 2, 00-580 Warsaw, Poland.
9.5. The Client may use a complaint form available from the Store’s website under the “Returns and Complaints” tab and fill it out on paper or electronically.
9.6. If it is necessary to deliver the Goods subject to the complaint to the Seller in order for the complaint to be considered, the Buyer is required to do so, at the Seller’s cost if the Buyer is a consumer, to the address: 4Values Sp. z o.o. ul. Parzniewska 4 05-800 Pruszków, Poland.
9.7. If a guarantee has been additionally granted for the Goods, information on the guarantee and its terms and conditions is included in the description of the Product in the Store.
9.8. Complaints arising from the violation of the Client’s rights guaranteed by law or under these Terms and Conditions should be sent by e-mail to the address: [email protected]
or by traditional post to the address: Zeme Pharm, al. Jana Chrystiana Szucha 3/ 2, 00-580 Warsaw, Poland. Zeme Pharm undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Client within that time limit when the complaint will be considered.
9.9. If it is necessary to return the Product, the Client should send it to the address of the Store: www.samarite.eu/eu, 4Values Sp. z o.o. ul. Parzniewska 4 05-800 Pruszków, Poland. The shipping costs will be refunded to the Client if the complaint is accepted.
9.10. If the complaint results in the return of the Goods, the Store will refund to the Client the full amount paid for the Goods and the cost of delivery.
10. Out-of-court resolution of complaints and claims
10.1. Detailed information for the Client who is a consumer on the available out-of-court complaint and claim procedures, as well as the rules of access to those procedures, is available from the website of the Office of Competition and Consumer Protection at
10.2. There is also a contact point affiliated with the President of the Office for Competition and Consumer Protection (phone: 22 55 60 333, e-mail: [email protected] or correspondence address: Pl. Powstańców Warszawy 1, 00-950 Warsaw, Poland) whose task include assisting consumers in matters concerning out-of-court settlement of consumer disputes.
10.3. Examples of out-of-court complaint and claim procedures available to the consumer include: (1) a motion to a permanent amicable consumer court for dispute resolution (see http://www.spsk.wiih.org.pl/ for more information); (2) a motion to the Provincial Inspector of the Trade Inspection Authority for out-of-court dispute resolution (see the website of the inspector competent for the Seller’s place of business for more information); and (3) assistance in from the district (municipal) consumer advocate or from a social organisation whose statutory objectives include consumer protection (e.g. Federacja Konsumentów [Consumer Federation], Stowarzyszenie Konsumentów Polskich [Polish Consumers’ Association]). Advice is provided, among others, by e-mail at [email protected] and via the consumer helpline at 801 440 220 (on business days from 8:00 am to 6:00 pm, operator charges apply).
10.4. A platform for online dispute resolution between consumers and traders at EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and entrepreneurs seeking out-of-court dispute resolution concerning contractual obligations arising from an online sales contract or service contract (for more information, see the platform itself or the website of the Office for Competition and Consumer Protection:
11. Protection of personal data
11.1. In the performance of the obligation arising under Article 13(1) and (2) of 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) (further “GDPR”), we inform you that:
1. The Data Controller is Anna Mrowińska, who carries on a business activity under the name of Anna Mrowińska Zeme Pharm with its registered office in Warsaw, Poland, at Al. J. CH. Szucha 3/2 (00-580), NIP: 9680876255, REGON: 300281484.
2. For matters relating to the processing of personal data, please contact us at the following e-mail address: [email protected] or at the address of the register office of the Controller.
3. The Controller may process the Client’s personal data for the following purposes:
a) necessary for the conclusion and performance of the Sales Contract, including the provision of services by electronic means (management, account creation and operation, transactions, payments), i.e. under Article 6(1)(b) of the GDPR (performance of a contract, including steps taken to conclude the contract) and Article 6(1)(c) of the GDPR (legal obligation);
• PayPro S.A. processes personal data in connection with the execution of payments via Przelewy24. Data processing is carried out in accordance with the law, including but not limited to the GDPR. Details of the processing of personal data, including obligations and rights related to their obtaining and processing, are contained in the information posted on the website https://www.przelewy24.pl/obowiazekinformacyjny.
• The Data Controller of the Przelewy24 website is PayPro Spółka Akcyjna with its registered office in Poznań, ul. Kanclerska 15, 60-327 Poznań.
• SIX Payment Services (Europe) S.A. Global Data Protection Support 10, rue Gabriel Lippmann 5365 Munsbach Luksemburg
b) handling of the complaint process, i.e. under Article 6(1)(b) of the GDPR (performance of a contract) and Article 6(1)(c) of the GDPR (legal obligation) and Article 9(2)(a) of the GDPR (explicit consent) in relation to the special category of data;
c) handling of adverse reaction reports, i.e. under Article 6(1)(c) of the GDPR (legal obligation);
d) providing information on product availability if this option has been selected, i.e. under Article 6(1)(b) of the GDPR (performance of a contract, steps taken to perform a contract);
e) presenting information about our products, offers, promotions (newsletter) – Article 6(1)(f) of the GDPR – the legitimate interests pursued by the Controller such as the marketing of own products and services. The sending of commercial information by e-mail concerns only the situation when the data subject has agreed to receive commercial information electronically to the provided e-mail address within the meaning of the Electronic Services Act and/or Telecommunications Law;
f) exercising claims or defending rights in the performance of the legitimate interests pursued by the Controller, i.e. under Article 6(1)(f) of the GDPR.
g) replying to the received consultation form and getting in touch for this purpose, i.e. under Article 6(1)(f) of the GDPR – the legitimate interests pursued by the Controller such as responding to messages, giving answers, as well as Article 9(2)(a) of the GDPR (explicit consent) in relation to the special category of data;
h) discharging obligations towards tax authorities, i.e. under Article 6(1)(c) of the GDPR;
i) carrying out statistical surveys, i.e. under Article 6(1)(f) of the GDPR – the legitimate interests pursued by the Controller such as improving the Operation of the Site and enabling its adjustment to Client needs;
j) online marketing – under Article 6(1)(f) of the GDPR – the legitimate interests pursued by the Controller such as the mailing of customised online advertisements of the Controller’s products and services;
k) facilitating the operation of business activities and document archiving, i.e. under Article 6(1)(f) of the GDPR – the legitimate interests pursued by the Controller such as the retention of documents and more effective operation of business activities.
11.2. In connection with the processing of personal data, subject to the conditions set out in the GDPR, the data subject has the following rights: right of access to personal data, rights to rectification (updating), to erasure, to restriction of processing, to data portability, to object to processing and to lodge a complaint with a supervisory authority.
12. Final provisions
12.1 settlement of any disputes arising between samarite and a customer who is a consumer or entrepreneur-consumer, who is a consumer within the meaning of article 22 of the civil code, in the absence of an amicable solution, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the civil procedure code.
12.2 in matters not covered by these terms and conditions, the provisions of the civil code, the provisions of the act on provision of services by electronic means and other relevant provisions of polish law shall apply.
12.3 the store reserves the right to make changes to the regulations in cases such as:
1) change in the terms and conditions of providing the services;
2) the need to adapt the regulations to legal changes;
3) the need to adapt the regulations to a decision, judgment or other ruling of a competent court or state authority;
4) the need to fulfill a legal obligation incumbent on zeme pharm;
5) editorial changes.
12.4 in the event that contracts of a different nature than continuous contracts (e.g. Sales contract) are concluded on the basis of these regulations, the amendments to the regulations referred to in item. 12.4 shall not in any way violate the acquired rights of customers who are consumers before the effective date of amendments to the regulations, in particular, the amendments to the regulations shall not affect the orders already placed or placed and the concluded, executed or performed sales agreements.
(2) each document is marked with the date from which its provisions are effective.
3.amendments to the terms and conditions are published on the site, and in addition, the user is notified of changes to the content of the terms and conditions electronically, via e-mail (provided that the store has the user's e-mail address).
4. if a change in the regulations leads to significant changes in the conditions of use of the service, including significantly affecting the user's rights or obligations, the user has the right to terminate the agreement to be performed also after the change in the regulations, until the scheduled effective date of the changes. The amendment of the regulations does not affect the user's acquired rights.
13.1. This section of the Terms and Conditions and the provisions contained herein apply only to Clients and Service Recipients who are not consumers or consumer-entrepreneurs.
13.2. In view of the requirements imposed by Council Implementing Regulation (EU) 2018/1912, entrepreneurs based outside Poland are requested to place orders by contacting the Seller at: [email protected].
13.3. In the case of Clients who are not consumers or consumer-entrepreneurs, the Seller has the right to limit the available methods of payment, including to demand full or partial prepayment, regardless of the method of payment chosen by the Client and regardless of the conclusion of a Sales Contract.
13.4. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a consumer or consumer-entrepreneur upon handover of the Product by the Seller to the carrier,. In such a case, the Seller is not liable for any loss, defect or damage to the Product arising between the time of its acceptance for transport until its delivery to the Client, nor for any transport delays.
13.5. If the Product is sent to the Client via a carrier, the Client who is not a consumer or consumer-entrepreneur is obliged to examine the consignment at the time and in the manner customary for this type of consignments. If the Client finds that any loss or damage occurred to the Product while in transport, they are required to perform all the steps necessary to determine the liability of the carrier.
13.6. In accordance with Article 558(1) of the Civil Code, the Seller has no liability under warranty for the Product towards the Client who is not a consumer or consumer-entrepreneur.
13.7. The Seller has liability towards the Client who is not a consumer or consumer-entrepreneur only for typical damage foreseeable at the time of the conclusion of the contract and is not liable for lost profits in relation to the Client who is not a consumer or consumer-entrepreneur.
13.8. Any disputes arising between the Seller and the Client who is not a consumer or consumer-entrepreneur will be referred for resolution to the court competent for the registered office of the Seller.