The conclusion of the contract between the Buyer and Seller can be made in two ways.
The Buyer has the right, before placing an order, to negotiate any provisions of the contract with the Seller, including those changing the provisions of the Regulations below. Such negotiations should be conducted in writing and sent to the address of the Seller (CABIOMEDE Sp. z o. o., K. Olszewskiego 6, 25-663 Kielce).
In case of resignation by the Buyer from the possibility to conclude a contract by way of individual negotiations, the following regulations and appropriate legal provisions shall apply.
- Personal Data Administrator:
CABIOMEDE Sp. z o.o.
- Postal address - name and surname or name of institution, location in locality (in case of locality divided into streets: street, number of building, number of apartment or locality; in case of locality not divided into streets: name of locality and number of property), postal code and locality.
3 Claims address:
CABIOMEDE Sp. z o. o.
- Delivery price list - located at the address sklep.cabiomede.com/website/delivery listing of available types of delivery and their costs.
- Contact details:
CABIOMEDE Sp. z o. o.
phone: +48 791 369 777
- Personal data - any information relating to an identified or identifiable natural person. Information shall not be deemed to identify a person if it would require excessive cost, time or effort.
- Sensitive data - it is personal data containing information about racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union membership, as well as data on health, genetic code, addictions, sex life, convictions, judgments and fines, and other decisions made in judicial or administrative proceedings.
- Delivery - type of transportation service including carrier and cost listed in the delivery price list at sklep.cabiomede.com/website/delivery
- Proof of purchase - invoice, bill or receipt issued in accordance with the Law on Value Added Tax of March 11, 2004 as amended and other applicable laws.
- Payment card - a means of payment. Supported payment card types include: Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic.
- Product card - a single subpage of the store containing information about a single product.
- Customer - an adult person with full legal capacity, legal person or organizational unit without legal personality but with legal capacity, making the purchase at the Seller's directly related to its business or professional activities.
- Civil Code - the Civil Code Act of 23 April 1964 as amended.
- Code of Good Practice - a set of rules of conduct, in particular the ethical and professional standards referred to in article 2 point 5 of the Act on Counteracting Unfair Competition. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended. 15.
- Consumer - an adult individual with full legal capacity, making a purchase at the Seller not directly related to their business or professional activities.
- Basket - a list of products made from the products offered in the store on the basis of the Buyer's choices.
- Buyer - both Consumer and Customer.
- Place of delivery - postal address or collection point indicated in the order by the Buyer. 19.
- Moment of release - the moment when the Buyer or a third party indicated by him to take possession of the goods. 20.
- Payment operator - payment operator is BlueMedia S.A.
- Online ODR platform - EU online service operating under the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr
- Payment - method of making payment for the subject of the agreement and delivery listed at the address sklep.cabiomede.com/website/platnosci
- Authorized entity - entity entitled to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended.
- Consumer law - the law on consumer rights of 30 May 2014.
- Product - the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller's store as a unit of measurement when determining its price (price/unit).
- The subject of the contract - the products and delivery subject to the contract.
- Subject of performance - the subject of the contract.
- Pick-up point - the place of delivery of an item that is not a postal address, listed in the listing provided by the Seller in the store.
- OCCP Register - a register of authorized entities maintained by the Office of Competition and Consumer Protection under the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
- RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC
- Thing - a movable thing that can be or is the subject of a contract.
- Shop - internet service available at sklep.cabiomede.com, through which the Buyer can place an order.
CABIOMEDE Sp. z o. o.
registered and visible in the National Court Register under the number: 0000656435
BANK ACCOUNT: 72 1140 2004 0000 3102 7824 7980
- System - a set of cooperating IT devices and software, providing processing and storage, as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for the type of network, commonly referred to as the Internet.
- Lead time - the number of hours or working days specified on the product card.
- Contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
- Defect - both a physical defect and a legal defect.
- Physical defect - non-compliance of the sold thing with the agreement, in particular if the thing:
- it does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
- does not have the properties, about the existence of which the Seller assured the Consumer,
- is not suitable for the purpose, about which the Consumer informed the Seller at the conclusion of the agreement, and the Seller has not raised any objections as to such purpose;
- was given to the Consumer in an incomplete state;
- in the event of incorrect assembly and start-up, if these activities have been carried out by the Seller or a third party for which the Seller assumes liability, or by the Consumer who acted in accordance with the instructions received from the Seller;
- it does not have the properties, which were assured by the manufacturer or his representative or a person who introduces the thing to the market within the scope of his business activity and the person, who by placing his name, trademark or other distinctive sign on the sold thing presents himself as the manufacturer, unless the Seller did not know those assurances and, judging reasonably, could not have known or they could not have influenced the Consumer's decision to conclude the agreement, or if their content has been corrected before the conclusion of the agreement.
- Legal defect - a situation where the sold thing is owned by a third party or is encumbered with a third party's right, and also if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.
- Order - a declaration of will of the Buyer made through the store, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of items, Buyer's data and aiming directly at concluding an agreement between the Buyer and Seller.
- General conditions
1.The contract is concluded in the Polish language, according to Polish law and these Regulations.
- The place of delivery of items must be located in Poland or outside its borders.
- The Seller is obliged and undertakes to provide services and deliver items free from defects.
- All prices provided by the Seller are expressed in Polish currency and are gross prices (they include VAT). In the English version of the online store sklep.cabiomede.com prices displayed by the Seller are expressed in Euro and are net prices (do not include VAT) Product prices do not include delivery costs, which are specified in the delivery price list.
- All time limits shall be calculated in accordance with Article 111 of the Civil Code, i.e. a period expressed in days shall end with the expiry of the last day, and if the beginning of a period expressed in days is an event, the day on which this event occurred shall not be taken into account in calculating the period.
- Confirmation, access, recording, securing all material provisions of the contract for future access to this information shall be in the form of:
confirmation of the order by sending to the indicated e-mail address: 1. confirmation of the order by sending to the designated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these Regulations in pdf version, model form of withdrawal from the contract in pdf version, links to self-download regulations and model withdrawal from the contract;
- Attaching to the completed order, sent to the designated place of delivery of items printed proof of purchase, information about the right to withdraw from the contract, these terms and conditions, model withdrawal form.
- Seller informs about known warranties granted by third parties for the products in the store.
- The Seller does not charge any fees for communication with him using the means of distance communication, and the Buyer shall bear the costs of it in the amount resulting from the contract he has concluded with a third party providing him with a particular service that allows for remote communication.
- The Seller ensures that the Buyer using the system correctnesś operation of the store in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. Using third-party software affecting the operation and functionality of the Internet Explorer, FireFox, Opera, Chrome and Safari browsers may affect the proper display of the store, so in order to obtain full functionality of the store sklep.cabiomede.com, you should disable all of them.
- Buyer can use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose the Buyer should give the login and password, necessary to gain access to his account. Login and password are a string of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. Buyer has at any time the ability to inspect, correct, update data and delete the account in the store.
- Seller applies to the code of good practice.
- Buyer is obliged to:
- not to provide and not to transmit content prohibited by law, such as content that promotes violence, defamatory or violating personal rights and other rights of third parties,
- use the store in a manner that does not interfere with its operation, in particular by using specific software or devices,
- not to take actions such as: sending or posting in the store unsolicited commercial information (spam),
- use the store in a manner not burdensome to other buyers and the Seller,
- use any content of the store only for personal use,
- use the store in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the regulations, as well as with the general principles of netiquette.
III. Conclusion of contract and performance
- Orders can be placed́ 24 hours a day.
- To place an order the Buyer should perform at least the following actions, some of which may be repeated several times:
- adding the product to the cart;
- choose the type of delivery; 4;
- choose the type of payment
- choice of place of delivery
- placing an order in the store by using the "Buy and pay" button.
- Conclusion of the contract with the Consumer occurs when you place an order.
- Implementation of the Consumer order paid cash on delivery takes place immediately, and the order paid by transfer or via electronic payment system after crediting the payment of the Consumer on the account of the Seller, which should be done within 30 days after ordering, unless the Consumer was unable to fulfill the contract due to no fault of his own and informed the Seller about it.
- The contract with the Consumer is concluded when the order is accepted by the Seller, of which he informs the Consumer within 48 hours of ordering.
- Implementation of the Customer's order paid on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or via electronic payment system after the conclusion of the contract and posting the payment to the account of the Seller.
- Implementation of the Customer's order may be conditional on payment in full or part of the order or obtaining merchant credit limit of at least the contract value or consent to the Seller to send orders on delivery (cash on delivery).
- The subject of the contract shall be dispatched within the period specified in the product card, and for orders consisting of multiple products within the longest period specified in the product cards. The deadline begins when the order is completed.
- The purchased subject of the contract is sent, together with a sales document selected by the Buyer, by a type of delivery to the place of issue of the thing indicated by the Buyer in the order, along with the attachments referred to in §2 point 6b.
- Right of withdrawal
- The consumer has the right under Art. 27 of Consumer Law to withdraw from the contract at a distance, without giving any reason and without bearing costs, except for costs referred to in Article 33, Article 34 of Consumer Law.
- Period for withdrawal from the remote contract is 14 days from the date of issue of items, and to keep the deadline is sufficient to send a statement before its expiry.
- Withdrawal statement Consumer can submit a form, which specimen is Appendix No. 2 to the Consumer Law, on the form available at the address: sklep.cabiomede.com/website/formularz_zwrotarz or in another form in accordance with the Consumer Law.
- Seller shall immediately confirm to the Consumer via e-mail (provided at the conclusion of the contract and another if it has been specified in the statement submitted) receipt of statement of withdrawal.
- In the case of withdrawal from the contract, the contract is considered as not concluded.
- The consumer must return the item to the Seller immediately, but no later than 14 days from the date when you withdraw from the contract. To comply with the deadline is sufficient to return items before its expiry.
- The consumer sends back things that are the subject of the contract from which he has withdrawn at his own expense.
- The consumer shall not bear the cost of delivery of digital content that is not recorded on a tangible medium, if he has not consented to the performance before the expiry of the deadline for withdrawal or has not been informed of the loss of his right of withdrawal when giving such consent or the trader has not provided confirmation in accordance with Article. 15 (1) and Article 21 (1) of the Consumer Law.
- The consumer is liable for any diminution in the value of things being the subject of the contract and resulting from using it in a manner beyond that necessary to ascertain the nature, characteristics and functioning of things.
- The Seller shall immediately, no later than within 14 days from the date of receipt of notice of withdrawal from the contract filed by the Consumer will return to the Consumer all payments made by him, including the cost of delivery of items to the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest ordinary delivery offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
- The Seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer has explicitly agreed to another way of payment, which is not associated with any costs for him.
- The Seller may withhold the reimbursement of the payment received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, whichever event occurs first.
- The Consumer in accordance with Article 38 of the Consumer Law shall not have the right to withdraw from the contract:
- in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal;
- in which the subject of the performance is a thing not prefabricated, produced to consumer specifications or used to meet his individual needs;
- in which the subject matter of the performance is a thing subject to rapid deterioration or having a short period of usefulness;
- in which the subject matter of the performance is the thing supplied in a sealed package that can not be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
- in which the subject matter of the performance are things that after delivery, due to their nature, are inseparable from other things;
- in which the subject matter of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the period for withdrawal from the contract and after the trader has informed him about the loss of the right of withdrawal;
- for the supply of newspapers, periodicals or magazines, except for a subscription contract.
- Seller shall be liable to the Consumer under the terms of Article. 556 Civil Code and subsequent for defects (warranty).
- In the case of a contract with the Consumer if the physical defect is found before the expiry of two years from the time of release of things, it is assumed that it existed when the danger passed to the Consumer.
- Consumer if the sold thing has a defect, may:
- make a statement to demand a reduction in price;
- Make a statement on withdrawal from the contract;
unless the Seller shall immediately and without excessive inconvenience to the Consumer replace the defective thing for a thing free from defects or remove the defect. If, however, the item has already been replaced or repaired by the Seller or the Seller has failed to satisfy the obligation to replace the item with a defect-free item or remove the defect, he has no right to replace the item or remove the defect.
- The consumer may instead of the removal of defects proposed by the Seller to require replacement of the item to be free from defects or instead of the replacement of the item to require removal of defects, unless bringing the item to conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while assessing the excess of costs shall take into account the value of the defect-free item, the type and importance of the defect, and also take into account the inconvenience to which the Consumer would be exposed by another way of satisfaction.
- The consumer may not withdraw from the contract if the defect is insignificant.
- The consumer, if the sold thing has a defect, may also:
- demand to replace the thing with a defect-free one;
- require removal of defects.
4th Seller is obliged to replace the defective item to free from defects or remove the defect in a reasonable time without undue inconvenience to the Consumer.
- The Seller may refuse to satisfy the Consumer's request if bringing the defective goods to conformity with the contract in a manner chosen by the Buyer is impossible or in comparison with other possible ways to bring the goods to conformity with the contract would require excessive costs.
- In the case where the defective item has been installed, the Consumer may request the Seller to dismantle and reassemble it after the exchange for defect-free goods or removal of defects, but shall bear part of the associated costs exceeding the price of the sold thing or may request the Seller to pay part of the costs of dismantling and reassembly, up to the price of the sold thing. In the event of non-performance of obligations by the Seller, the Consumer is entitled to make these actions at the expense and risk of the Seller.
- The consumer who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the address of complaint, and if due to the nature of the item or the way it is installed the delivery of the item by the Consumer would be too difficult, the Consumer is obliged to make the item available to the Seller at the place where it is located. In the case of non-performance of this obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller. 8.
- The cost of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
- The Seller is obliged to accept from the Consumer defective item in the event of replacement of the item to a defect-free or withdrawal from the contract.
- The Seller within fourteen days to respond to based on Article. 5615 of the Civil Code: statements of request to reduce the price, requests for replacement of the item to be free from defects, requests for removal of defects. Seller within thirty days (Article 7a of the Consumer Law) shall respond to any other statement of the Consumer, which does not apply to the deadline of fourteen days specified in the Civil Code.
Otherwise it is considered that recognized as reasonable the statement or request of the Consumer.
- Seller shall be liable under the warranty if a physical defect is found before the expiry of two years from the moment of release of the item to the Consumer, and if the subject of the sale is a used thing before the expiry of a year from the moment of release of the thing to the Consumer.
- The Consumer's claim to remove the defect or replacement of the sold thing to a defect-free shall expire after a year, counting from the date of finding the defect but not before the expiry of two years from the moment of release of the thing to the Consumer, and if the sale subject is a used thing before the expiry of the year from the moment of release of the thing to the Consumer.
- In the event when the term specified by the Seller or the manufacturer of the item expires after two years from the moment of handing over the item to the Consumer, the Seller shall be liable under the warranty for physical defects of the item identified before the expiry of this period.
- Within the time limits specified in § 5 points 15-17 Consumer may submit a statement of withdrawal from the contract or reduction in price due to a physical defect of the sold thing, and if the Consumer has requested replacement of the thing to be free from defects or removal of defects, the period for submission of a statement of withdrawal from the contract or reduction in price starts when the ineffective passage of time to replace the thing or remove the defect.
- If one of the rights under the warranty is pursued before a court or an arbitration court, the time limit for exercising other rights, which the Consumer has under this title, shall be suspended until the final outcome of the proceedings. Accordingly, shall also apply to mediation proceedings, whereby the time limit for the exercise of other rights under the warranty to which the Consumer is entitled shall start running from the date of refusal by the court to approve the settlement reached before the mediator or ineffective termination of mediation.
- The exercise of rights under the warranty for legal defects of goods sold shall be governed by § 5 points 15-16, except that the period begins on the date on which the Consumer learned of the existence of a defect, and if the Consumer learned of the existence of a defect only as a result of third party action - from the date on which the judgment issued in a dispute with the third party became final.
- If due to a defect in the item the Consumer made a statement of withdrawal from the contract or reduction in price, he may demand compensation for damage suffered by him because he concluded the contract, not knowing of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may request reimbursement of costs of conclusion of the contract, the costs of collection, transportation, storage and insurance of the goods, reimbursement of expenses made to the extent that he did not benefit from them, and did not receive their return from the third party and reimbursement of legal costs. This shall be without prejudice to the provisions on the obligation to compensate for damage under the general rules.
- The expiration of any time limit for determining the defect shall not exclude the exercise of rights under the warranty if the Seller deceitfully concealed the defect.
- Seller if he is obliged to provide a benefit or financial performance for the Consumer shall perform them without undue delay, no later than the date provided by law.
- Personal Data Administrator is responsible for lawful processing of personal data, and the principles of collection, processing and storage of personal data, as well as the Buyer's rights related to his personal data.
- Personal Data Administrator processes Buyers' personal data on the basis of consent and in connection with the legitimate interests of the Seller.
- Personal Data Administrator collects and processes personal data only to the extent that is justified by contractual or legal obligations.
- Buyer's consent to the processing of personal data is voluntary, and consent to process data for a particular purpose may be withdrawn at any time.
- For the purpose of processing the Buyer's order the following personal data are collected:
- postal address - necessary to issue a proof of purchase;
- place of issue of the item - necessary to address the shipment;
- e-mail - necessary for communication related to the execution of the order;
- telephone number - necessary when choosing certain types of delivery
VII. Final provisions
- None of the provisions of these terms and conditions is intended to violate the Buyer's rights. It cannot be also interpreted in such a way, since in the event of any part of these terms and conditions' inconsistency with applicable law, the Seller declares his unconditional obedience and application of this law in place of the questioned provision of the terms and conditions.
- Registered buyers will be notified electronically (to the e-mail indicated at registration or order) about changes to the regulations and their scope. The notice will be sent at least 30 days before the new regulations come into force. Changes will be made in order to adapt the regulations to the current state of the law. 3.
- Up-to-date version of regulations is always available for Buyer in the bookmark regulations (sklep.cabiomede.com/page/regulaminy). During the implementation of the order and throughout the period of after-sales care Buyer is bound by the regulations accepted by him when placing the order. Except when the Consumer finds it less favorable than the current one and informs the Seller about the choice of the current one as applicable.
- In matters not covered by these terms and conditions shall be applicablę the relevant applicable laws. Dispute issues, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or arbitration proceedings at the Provincial Inspectorate of Trade Inspection. A consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the ODR EU online platform or by choosing any of the authorized entities listed in the register of the Office of Competition and Consumer Protection. The Seller declares his intention and consents to out-of-court resolution of consumer disputes.
As a last resort, the case will be resolved by a court with local and material jurisdiction.
Version 14.3 (Kielce, February 24, 2022)