1. General
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.
1.5. The Seller is the data controller of the personal data processed in the Online Store in connection with the execution of these Terms and Conditions. Personal data are processed for the purposes, within the scope and on the basis of the grounds and principles stated in the Privacy Policy published on the site of the Online Store. The Privacy Policy contains, without limitation, rules concerning the processing of personal data by the Controller in the Online Store, including grounds, purposes and scope of personal data processing and rights of data subjects, as well as information concerning the use of cookies and analytical tools in the Online Store. The use of the Online Store, including shopping, is voluntary. Similarly, the provision of personal data by the Service Recipient or Client whilst using the Online Store is voluntary, subject to the exceptions stated in the Privacy Policy (conclusion of the contract and the Seller’s statutory obligations).
1.6. Clients may access these Terms and Conditions and Privacy Policy at any time via the link provided on www.samarite.eu/eu.
1.7. Definitions:
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.
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.
2.13. Technical requirements for interaction with the Service Provider’s IT system: (1) a desktop computer, laptop or another multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabled cookies and Javascript in your web browser.
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.
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.
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. Delivery
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:
a) PayPal,
b) Mastercard/Visa credit card,
c) Bank transfer – bank account numbers to which payment should be made are indicated in the shipping and payment section
7.3 Deliveries are made by courier available when submitting an order
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
https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
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:
https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
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.
11.3. In other respects, the principles of data processing are set out in the Privacy Policy. The Privacy Policy contains, without limitation, rules concerning the processing of personal data by the Controller, including information on the grounds and purposes of processing, periods of processing, data recipients and the rights of data subjects. There is also information on the use of cookies and analytical tools on the Site.
12. Final provisions
12.1. In the absence of an amicable solution, disputes, if any, between Zeme Pharm Anna Mrowińska and the Client who is a consumer within the meaning of Article 22 of the Civil Code will be referred to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure. The jurisdiction for any dispute will be the Polish court in accordance with the Polish law.
12.2. Disputes, if any, between Zeme Pharm Anna Mrowińska and the Client who is not a consumer within the meaning of Article 22 of the Civil Code will be referred to a court competent for the registered office of the operator of the Online Store.
12.3. Matters not regulated hereunder are governed by the provisions of the Civil Code, the Electronic Services Act and other applicable provisions of Polish law.
12.4. The Store reserves the right to amend the Terms and Regulations for important reasons, such as bringing the Terms and Conditions into line with the applicable law, changes in payment and delivery methods – only insofar as these changes affect the execution of these Terms and Conditions.
12.5. In the case of conclusion of contracts other than continuous contracts (e.g. Sales Contract) under these Terms and Conditions, amendments to the Terms and Conditions referred to in Section 12.4. will in no way violate the rights acquired by Clients who are consumers before the effective date of such amendments; in particular, amendments to the Terms and Conditions will not affect Orders already placed or Sales Contracts concluded, performed or executed.
13. Entrepreneurs
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.
