ONLINE PHARMACY TERMS AND CONDITIONS WWW.DOCTORZDROWIE.COM
I. DEFINITIONS:
1. The Seller conducts business under the name PUH MAJ J.Maj at the following address: ul. Opatowska 10, 28-200 Staszów, in accordance with the entry in the Central Registration and Information on Business of the Republic of Poland. The body registering the Seller in CEIDG is: Staszów City and Commune Office, Tax Identification Number (NIP): 866-152-62-81, National Business Registry Number (REGON): 292615287, telephone number: +48 153 070 153, daily on business days from 9:00 AM to 6:00 PM (calls are charged according to the tariff of the User's operator), email:
info@doctorzdrowie.com; The Seller holds a permit from the Świętokrzyskie Voivodeship Pharmaceutical Inspectorate, No. WIF-KI/17/2002, to operate a publicly accessible pharmacy. A scan of the permit is available on the Online Pharmacy website under the
Permit.
2. Online Pharmacy – the online platform operated by the Seller at www.DOCTORzdrowie.com, enabling the conclusion of Sales Agreements;
3. Ordering Party – a natural person over 18 years of age with full legal capacity (which also includes a natural person running a sole proprietorship, including a Consumer-Entrepreneur), a legal person, or an organizational unit without legal personality, to which special provisions grant legal capacity, placing an Order through the Online Pharmacy;
4. User – any person using the Online Pharmacy;
5. Product or Products – herbal products, vitamins and minerals, dietary supplements, non-prescription medicinal products referred to in the Pharmaceutical Law, and other products offered by the Seller for retail sale in the Online Pharmacy;
6. Product Page – a single subpage in the Online Pharmacy presenting detailed information about the Product;
7. Price – the gross price of the Product placed next to the Product information, excluding the cost of delivering the Product to the Ordering Party, as well as any additional costs accepted by the Ordering Party (e.g., additional gift wrapping fee, payment method fee, cash on delivery fee);
8. Order – a declaration of intent by the Ordering Party, submitted through the Online Pharmacy, specifying the Product or set of Products specified for fulfillment by the Ordering Party in accordance with these Terms and Conditions;
9. Sales Agreement - a sales agreement for Products within the meaning of the Civil Code, concluded between the Seller and the Ordering Party via the Online Pharmacy, and, if the Ordering Party is a Consumer, a distance sales agreement within the meaning of the Consumer Act;
10. Pick-up Location - the brick-and-mortar pharmacy "Apteka Zdrowie" at ul. Opatowska 10, 28-200 Staszów, where personal pickup of the Order is possible daily on weekdays between 7:30 AM and 6:00 PM;
11. Ordering Party Account - a tool available in the Online Pharmacy system after entering the email address and password, enabling, among other things, tracking the progress of the Order on the Online Pharmacy website, viewing Order history, editing the Ordering Party's details and changing the password, changing and correcting personal data, etc.; 12. Login – the email address provided by the User during registration in the Online Pharmacy, required along with the Password to create an Ordering Account;
13. Password – a sequence of letters, numbers, or other characters selected by the User during registration of the Ordering Account, used to secure access to the Ordering Account;
14. Consumer – a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity, as defined in Article 22(1) of the Civil Code;
15. Civil Code – the Act of 24 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2018, item 1025);
16. Pharmaceutical Law - Act of September 6, 2001 - Pharmaceutical Law (consolidated text: Journal of Laws of 2017, item 2211, as amended);
17. Regulation on the Mail Order Sale of Medicinal Products - Regulation of the Minister of Health of March 26, 2015, on the Mail Order Sale of Medicinal Products (Journal of Laws of 2015, item 481);
18. Act on the Provision of Electronic Services - Act of July 18, 2002, on the Provision of Electronic Services (consolidated text: Journal of Laws of 2017, item 1219, as amended);
19. Consumer Act – the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683, as amended);
20. Code of Good Practice – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2, point 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 (consolidated text: Journal of Laws of 2016, item 3, as amended);
21. Terms and Conditions – these terms and conditions of DOCTORzdrowie.com.
II. GENERAL PROVISIONS:
1. Placing an Order for Products offered by the Online Pharmacy and the fulfillment of Orders is governed by these Terms and Conditions and generally applicable laws. These Terms and Conditions constitute the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.
2. The number of Products offered on promotion or on sale is limited. Orders for such Products will be fulfilled in the order in which they were placed by Ordering Parties, while supplies last.
3. The information provided in the Online Pharmacy (in particular regarding Product Prices) does not constitute an offer within the meaning of Article 66 of the Civil Code; it merely constitutes an invitation to submit offers as defined in Article 71 of the Civil Code.
4. All prices listed on the Online Pharmacy website are expressed in Polish zloty and are gross prices (including VAT). The User may also select the Price View and pay for the Order in euros (EUR), British pounds (GBP), or US dollars (USD). In such cases, the prices are also gross (include VAT).
5. The information provided in the Product descriptions is for informational and identification purposes only, is for illustrative purposes only, and does not constitute advertising within the meaning of Article 52 et seq. of the Pharmaceutical Law. The information published on the Online Pharmacy website does not constitute medical advice. The content contained therein should not be considered specialized medical or pharmaceutical information and advice, nor should it be considered a form of diagnosis or treatment recommendation; it does not replace medical examinations or consultations with a physician. Before using a given Product, the Ordering Party is obliged to read the leaflet included with the Product, including contraindications, information on adverse effects and dosage, and information on the use of the medicinal product. Alternatively, consult a physician or pharmacist, as any medication used improperly may pose a threat to life or health.
6. The Seller does not sell medicinal products, dietary supplements, or other products specified in Article 72, paragraph 5, in conjunction with Article 87, paragraph 2, point 1, of the Pharmaceutical Law, through the Online Pharmacy to businesses operating pharmacies and pharmaceutical wholesalers.
7. All Products offered in the Online Pharmacy are brand new, in their original packaging, free from physical and legal defects, and legally introduced to the Polish market.
8. Product packaging presented in the Online Pharmacy is for informational purposes only. Depending on the packaging currently offered by the Product manufacturer, it may differ from that displayed on the Online Pharmacy's website.
9. The price list for Products in the Online Pharmacy may differ from that offered in publicly available pharmacies.
10. All product names, brands, and logos used in the Online Pharmacy are the property of the companies owning these product brands and logos.
11. Ordering Parties or Users are prohibited from using the Online Pharmacy or the address www.aptekazdrowie-24.pl to send unsolicited commercial information, known as spam, within the meaning of the Act on the Provision of Electronic Services. It is also prohibited to use the Online Pharmacy in a manner that is contrary to the law, good practice, or that infringes upon the personal rights of third parties or the legitimate interests of the Seller.
12. To use the Online Pharmacy, the User must obtain access to a computer or other terminal device with Internet and email access. The Online Pharmacy can be used by Users with the following equipment:
a. a PC or other device with Internet access, e.g., a smartphone or tablet;
b. Internet access;
c. a web browser, e.g., Firefox, Internet Explorer, Google Chrome, or another browser;
d. an active email account.
13. Direct contact with the Seller is possible by phone, email, or via the contact form available in the
CONTACT section on the Online Pharmacy's website. All contact details for the Seller are provided in these Terms and Conditions and in the Online Pharmacy. The Seller does not charge any fees for communicating with the Seller using the means of distance communication specified in this section.
14. The Seller hereby informs that, within the scope of the Code of Good Practice, it applies the Code of Ethics of the Pharmacist of the Republic of Poland, the detailed content of which is available at:
http://www.nia.org.pl/kodeks-etyki/III. SERVICES PROVIDED ELECTRONICALLY:
1. Services provided electronically under these Terms and Conditions consist of enabling Customers to purchase Products from the Online Pharmacy using the Customer Account, as well as providing a newsletter service and the "Add to Favorites," "Recommend this product to a friend," "Write a product review," "Recommend our pharmacy to a friend," "Add to wishlist," and "Notify me of availability" services. These services are provided 24/7 and are free of charge to Users.
2. Using the Customer Account service requires the User to register and provide personal data: name and surname, address, telephone number, and any other delivery address, an email address serving as the Login, and to set a Password. A message will be sent to the User's email address provided in the registration form requesting confirmation of registration. Upon confirmation of the Ordering Account registration, an agreement regarding the management of the Ordering Account is concluded between the User and the Seller under the terms and conditions specified in the Terms and Conditions.
3. Registering the Ordering Account is free and voluntary. The Login and Password are confidential. The Ordering User using the Login and Password is requested to keep this information confidential. The Password is not known to the Seller.
4. Each User may only have one Ordering Account in the Online Pharmacy. The Ordering Account is non-transferable. The User may not use the Ordering Account of other Users or provide other persons with access to the Ordering Account, including the Login and Password for accessing the Ordering Account.
5. The newsletter service is available to any User who enters their email address in the appropriate field provided by the Seller on the Online Pharmacy website. After submitting their email address through the Online Pharmacy website, the User will receive a confirmation email confirming their newsletter subscription. Upon sending this newsletter subscription confirmation to the User, a service agreement is concluded between the User and the Seller under the terms and conditions specified in the Terms and Conditions.
6. The "Add to Favorites" service allows the User to save a Product as a favorite, eliminating the need to search for it again during subsequent visits to the Online Pharmacy.
7. The "Recommend this product to a friend" service allows the User to send a message with an active link to the Product Page to a person of their choice. To this end, the User provides their name, surname, and email address of the person to whom they wish to send a message notifying them about the Product in the form provided on the Product Page. The User does not receive any remuneration from the Seller or any other benefits for using this service.
8. The "Write a Product Review" service allows the User to post a subjective review of a Product on the Product Page, along with a five-star rating. The review is visible on the Product Page after it is approved by the Seller. The User does not receive any compensation from the Seller or other benefits for using this service.
9. The "Recommend our pharmacy to a friend" service allows the User to recommend the Online Pharmacy to others. To do this, the User enters the email address of the person they wish to recommend about the Online Pharmacy using a form, and that person receives an email with the Online Pharmacy's details. The User does not receive any compensation from the Seller or other benefits for using this service.
10. Users with a Customer Account can also add Products to the "Wish List" so that they can return to the selected Products during subsequent purchases. Products in the Wish List are visible to the User after logging in to the Customer Account until they are deleted.
11. The "Notify me about product availability" service allows Users interested in a given Product that is not available for order to receive information about its availability for purchase. For this purpose, the User, using the form provided on the Product Page, provides the email address to which they wish to receive notifications regarding Product availability.
12. Each User is responsible for the content they post and make available through the use of the services provided electronically by the Seller.
13. Users may not share or post content that could in any way violate the personal rights of third parties or the Seller, or violate any other rights of third parties, including copyrights, industrial property rights, or trade secrets. It is also prohibited to post.
14. The agreement for the provision of electronic services by the Seller regarding the Ordering Party's Account, newsletter, and other services described in these Terms and Conditions is concluded for an indefinite period. The User may terminate this agreement at any time free of charge. Termination of the agreement for the provision of electronic services by either party shall not affect the performance of any previously concluded Sales Agreements, unless the parties agree otherwise. 15. The Seller may terminate the agreement for the provision of electronic services with a 14-day notice period if:
a. the purpose of registration or the manner of using the services is contrary to the principles and purpose of the Online Pharmacy,
b. the User's activity is contrary to applicable moral norms, incites violence or commits a crime, or violates the rights of third parties,
c. the Seller has received official notification of the unlawful nature of the User's data provided or the related activity,
d. the Seller has obtained credible information about the unlawful nature of the data provided or the related activity and has previously notified the Ordering Party of its intention to prevent access to the Ordering Party's Account,
e. the Ordering Party or the User sends unsolicited commercial information,
f. the Ordering Party or the User grossly or persistently violates the provisions of the Terms and Conditions,
g. the address details provided by the User raise objectively justified doubts as to their accuracy or truthfulness, and these doubts could not be resolved by telephone or via message. Email.
16. The Seller makes every effort to ensure the proper and uninterrupted operation of the Online Pharmacy. If the services or other services offered by the Seller specified in these Terms and Conditions, for example, are inconsistent with them or do not function properly, the User has the right to file a complaint. Users are asked to submit complaints electronically to the following email address:
info@doctorzdrowie.com or in writing to the Seller's address. To facilitate the complaint handling process, Users are asked to include their personal data and/or the Login used to access the Ordering Party's Account on the Online Pharmacy website, if they have an Ordering Party Account, in their complaint, and to describe the concerns.
17. Complaints related to the provision of services electronically are reviewed within 30 days of submission, in accordance with applicable regulations. The Seller will inform the User about the procedure for review.
IV. ORDERING AND CONCLUSION OF THE SALES CONTRACT:
1. When placing an Order, the User must register with the Online Pharmacy and create a Customer Account.
2. Orders can be placed in the Online Pharmacy 24 hours a day, 7 days a week; however, the Seller only processes Orders on Business Days.
3. To place an Order in the Online Pharmacy, the Customer is asked to perform the following steps:
3.1. Select the Product to be purchased, the quantity of the Product being ordered, and any other Product characteristics, if any are available on the Product Page (e.g., packaging weight, flavor), and then click the "Add to Cart" button. After selecting all the Products to be ordered, click the shopping cart icon in the upper right corner of the Online Pharmacy;
3.2. The User should then: either provide their Login and Password and log in to the Ordering Party's Account, or log in using their Facebook account, or register a Ordering Party's Account by providing the required personal data for delivery of the Order. The User may provide a different delivery address;
3.3. Then, select the delivery and payment method, enter any comments or remarks addressed to the Seller in the designated field, and confirm that they have read the Terms and Conditions.
3.4. After verifying the data and information entered by the Ordering Party to place the Order, click the "Place Order" button. Clicking this button constitutes the obligation to pay for the Order.
4. After the Ordering Party places the Order, they will receive an email confirming the Order with the Order number. The sales contract is concluded upon sending the Order confirmation to the Seller. Orders not confirmed within 3 days will be canceled. The sales contract is concluded in Polish. The Order will be fulfilled upon the provision of personal data by the Ordering Party in accordance with the provisions of §2 of the Regulation on the Mail Order of Medicinal Products.
5. Until clicking the "Place Order" button, the User may at any time change the previously selected Products, their quantity, or interrupt the ordering process and cancel the Order. The Ordering Party is bound by the Terms and Conditions from the moment the Order is placed. The Seller does not specify a minimum order value in the Online Pharmacy.
6. For orders of larger quantities of Products, reservations by email or telephone are recommended.
7. The content of Sales Agreements concluded via the Online Pharmacy is stored by the Online Pharmacy's IT system for the duration of the Ordering Party's Account, and the content of these agreements is made available only to the parties to the Sales Agreement. Each Ordering Party, after logging into the Ordering Party's Account, has access to all of their Sales Agreements concluded via the Online Pharmacy's website for the period of their storage in the IT system specified in the first sentence.
8. The Online Pharmacy has the right to refuse to process the Order and, therefore, to sell the Products referred to in Part II, paragraph 6. Regulations in the event of a justified suspicion that such a product may be introduced into further, illegal trade, or if the sale of the Product would constitute a violation of applicable legal provisions, in particular in the scope of retail sale of medicinal products and direct supply of medicinal products to the public.
V. PAYMENT METHODS, DELIVERY COSTS:
1. The Online Pharmacy accepts the following payment methods:
a. prepayment to the Seller's account, i.e., payment by traditional bank transfer or transfer via the PayU or Klarna electronic payment system, also using VISA, MasterCard, or American Express payment cards.
b. payment "cash on delivery," i.e., in cash upon receipt of the Order from the courier or postman, or from the Pick-up Location (this payment method involves an additional fee for the Customer and is only available for Orders with a delivery address within Poland).
The payment methods available in the Online Pharmacy are described in detail in the
Payment Types in the Online Pharmacy.
2. If prepayment by traditional bank transfer is selected as the payment method, the amount due for the ordered Products, along with delivery costs and any additional costs accepted by the Customer, must be paid to the account number provided in the Order confirmation email. The Seller expects payment for the Order within 3 days of placing the Order.
3. Electronic payments are processed by selecting payment via the electronic payment system from the Online Pharmacy. After logging in, the Ordering Party receives a ready-to-accept transfer form with the appropriate amount, transfer title, and Seller details. After accepting the transfer, the Ordering Party is redirected back to the Online Pharmacy. The Ordering Party's personal data is transferred to the entity operating the Electronic Payment System selected by the Ordering Party, which is the data controller.
4. Orders placed in the Online Pharmacy are shipped via courier or Poczta Polska. Personal pickup from the Pick-up Location is also possible. Delivery costs are indicated on the Online Pharmacy's website in the "
Delivery Costs".
5. Delivery costs are also displayed each time the Ordering Party selects a delivery method when placing an Order. The total delivery cost of the Products (i.e., the Product Price, the costs of the selected delivery method, and any additional costs the Ordering Party has agreed to incur) is visible to the Ordering Party in the Order panel before placing the Order and in the Order confirmation email.
6. The Seller reserves the right to charge the Ordering Party for delivery costs, including the return of the shipment to the Seller (transport service), if delivery is impossible due to an incorrect or incomplete delivery address.
VI. ORDER PROCESSING:
1. Orders can be placed in the Online Pharmacy 24 hours a day, 7 days a week. However, the Seller does not process Orders on public holidays, in accordance with applicable regulations. Orders placed on Fridays after 5 p.m., Saturdays, Sundays, and public holidays will be processed on the next Business Day.
2. The Online Pharmacy processes Orders within the Republic of Poland and abroad. Detailed information regarding the delivery of Orders outside of Poland is provided in the
International Shipping.
3. The Price at the time of placing the Order is binding for a given Order. Orders not paid within 7 days of concluding the Sales Agreement or not collected within 7 days of the Seller sending information about the possibility of collection will be canceled.
4. Ordered Products are generally shipped within 24 hours, calculated from the time the payment due for the Order is credited to the Seller's account in the case of prepayment, or from the receipt of information about the payment for the Order from the electronic payment system, or from the date of placing the Order in the case of cash on delivery. The time of receipt of the Order by the Customer is the time of payment + processing time + delivery time.
5. Order fulfillment is dependent on the availability of Products in the Seller's warehouse or with the Seller's suppliers. Therefore, if a Product is out of stock, the Ordering Party will be immediately informed and has the right to cancel the entire Order, or to cancel the missing Product, or to agree to an extension of the Order fulfillment period, or to exchange the missing Product for a similar Product with similar properties and Price.
6. The Ordering Party undertakes to collect the ordered Products and/or pay the Price indicated by the Seller, along with the delivery costs of the ordered Products and the costs of any additional services selected by the Ordering Party. The Pharmacy does not refund money for unclaimed shipments from courier delivery points, post offices, or customs offices.
7. If the Ordering Party is not a Consumer, the Seller reserves the right of ownership of the Product until the Price is paid, in accordance with the provisions of the Terms and Conditions.
VII. CONSUMER RIGHT TO WITHDRAW FROM THE CONTRACT:
1. Pursuant to Article 27 of the Consumer Act, the Seller informs the Consumer of the right to withdraw from the Sales Agreement within 14 days without giving any reason. The withdrawal period expires after 14 days from the date on which the Consumer came into possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods. To exercise the right to withdraw from the Sales Agreement, you must inform the Seller (Apteka Zdrowie, ul. Opatowska 10, 28-200 Staszów, email:
info@doctorzdrowie.com) of your decision to withdraw from the Sales Agreement by means of an unequivocal statement (e.g., a letter sent by post or a completed form sent by post, which can be downloaded and printed from the Online Pharmacy's website, a template of which is attached as Appendix 1 to these Terms and Conditions; however, this is not mandatory).
2. To meet the withdrawal deadline, it is sufficient to send information regarding the Consumer's exercise of the right of withdrawal before the expiry of the withdrawal deadline.
3. Consequences of withdrawal: In the event of withdrawal from the Sales Agreement, the Seller shall refund to the Consumer all payments received from them, including the costs of delivering the Products (excluding additional costs resulting from the Consumer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal from the Sales Agreement. The Seller will make the refund using the same payment method that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise; in any case, the Consumer will not incur any fees in connection with this refund. The Seller may withhold reimbursement until the Products have been received or until proof of return has been provided, whichever occurs first.
4. The Consumer is requested to return or deliver the returned Products to the following address of the Seller: Apteka Zdrowie, ul. Opatowska 10, 28-200 Staszów, Poland, immediately, and in any case no later than 14 days from the date on which the Consumer informed the Seller of their withdrawal from the Sales Agreement. The deadline is met if the Consumer returns the Product before the expiry of the 14-day period. The Consumer will bear the direct cost of returning the Products.
5. The Consumer is only liable for any diminished value of the Products resulting from their use other than necessary to establish the nature, characteristics, and functioning of the Products. Products that, for hygiene or health reasons, cannot be put back on sale once the packaging has been opened are not eligible for return, provided that the packaging was opened after the product was delivered.
6. Pursuant to the provisions of Art. Under Article 38 of the Consumer Act, the Consumer does not have the right to withdraw from a Sales Agreement where the subject of the service is an item that is perishable or has a short shelf life, or where the subject of the service is an item delivered in a sealed package that cannot be returned after opening for health or hygiene reasons if the package was opened after delivery (e.g., creams, sterile dressings).
7. At the same time, pursuant to § 3.8 of the Regulation on the Mail Order Sale of Medicinal Products, the Seller informs that the Consumer Act, in particular the right to withdraw from the Sales Agreement, does not apply to the mail order sale of medicinal products dispensed without a prescription. A "medicinal product" shall be understood, in accordance with Article 2.3. 32 of the Pharmaceutical Law, a substance or mixture of substances presented as having properties for the prevention or treatment of diseases occurring in humans or animals, or administered for the purpose of making a diagnosis or for the restoration, improvement, or modification of physiological functions of the body through pharmacological, immunological, or metabolic action.
8. A medicinal product or medical device may, in accordance with Article 96, Section 6 of the Pharmaceutical Law, be returned only due to a quality defect or improper dispensing.
VIII. COMPLAINTS:
1. The Seller is liable for defects in the Product in accordance with the principles of liability set forth in the provisions of the Civil Code, in particular Articles 556 and 556(1) – 556(6) of the Civil Code. If the purchaser of the Product is not a Consumer, the Seller's liability under the warranty is excluded pursuant to Article 558, Section 1 of the Civil Code.
2. In the event of defects or non-compliance of the Product with the contract, the Ordering Party may submit a complaint to the Seller by sending it by e-mail to the e-mail address:
info@doctorzdrowie.com or in writing to the address: Apteka Zdrowie ul. Opatowska 10, 28-200 Staszow
3. In order to expedite the complaint handling process, the Customer sending the Product to the Seller is asked to provide the following information: first and last name, full address, Order number, email address, and a detailed description of the Product defect and the claim. When submitting a complaint, the Customer is also asked to attach a copy of the proof of purchase (e.g., a copy of the sales receipt or VAT invoice). The Product should be returned to the following address: Apteka Zdrowie, ul. Opatowska 10, 28-200 Staszów. In the case of Products with a warranty document attached, the Customer may also invoke the warranty by contacting the manufacturer of the Product or the service center indicated in the warranty document.
4. The Seller hereby informs that it does not provide the Buyer with a warranty within the meaning of Art. 577 of the Civil Code, but provides warranties provided by manufacturers for Products available in the Online Pharmacy or informs about such warranties if they apply to Products offered in the Online Pharmacy.
4. Complaints will be processed within 14 days of submission, in accordance with applicable regulations. The Seller will inform the Customer about the procedure for processing the complaint.
5. The Seller hereby informs that it consents to the resolution of consumer disputes pursuant to the Act of September 23, 2016, on the Extra-Court Resolution of Consumer Disputes (Journal of Laws of 2016, item 1823). If the complaint is rejected by the Seller, the Consumer may use extra-judicial means of complaint resolution and redress and request intervention from the Provincial Inspectorate of Trade Inspection in Kielce, ul. Sienkiewicza 76, 25-950 Kielce, PO Box No. 347,
http://www.wiihkielce.prot.pl. Detailed procedures for using the Trade Inspection's assistance are available on the office's website and at
www.uokik.gov.pl under the "Resolution of consumer disputes" and "Important addresses". Out-of-court redress after the complaint procedure is completed is free of charge. If you are a consumer and wish to use out-of-court redress, you can also submit a complaint via the EU ODR online platform, available at
http://ec.europa.eu/consumers/odr/IX. PERSONAL DATA:
1. By placing an Order in the Online Pharmacy and registering an Ordering Account and/or contacting the Seller (by email or using the contact form available in the
CONTACT in the Online Pharmacy) and/or using other electronically provided services referred to in these Terms and Conditions, as well as by subscribing to commercial, marketing, or advertising information sent by email from the Seller (newsletter), the User provides the Seller with their personal data.
2. In the case of placing an Order, using the electronically provided services available in the Online Pharmacy, and contacting the Seller, the legal basis for the processing of personal data is the Seller's legitimate interest in performing the Sales Agreement and/or taking steps to conclude the Sales Agreement (contact with the User) and building positive relationships with Users of the Online Pharmacy. In the case of newsletter subscriptions, the legal basis for the processing of personal data is the User's consent.
3. The Seller uses the User's personal data only for the purpose for which it was provided by the User: for the purpose of contacting the User (for the period of contact with the User), and/or for the performance of the Sales Agreement (until the performance of the Sales Agreement or until the deletion of the Ordering Party's Account, but not before the expiration of the Seller's liability under the warranty), and/or for the provision of the electronic service available in the Online Pharmacy (until the service is provided), and/or for the sending of the newsletter (until the User withdraws consent).
4. The Seller is the controller of the personal data. Providing personal data in any of the situations indicated in point 1 is voluntary, but necessary for the purpose for which the data was obtained. Personal data provided to the Seller will not be transferred to third parties other than those indicated in the Terms and Conditions, or for any purpose other than those indicated in the Terms and Conditions, without obtaining the prior consent of the User. Customer data may only be made available to authorized entities in accordance with applicable law, such as the State Pharmaceutical Inspection, the State Trade Inspection, and law enforcement authorities upon request.
5. The Seller also informs that the User has the right to data portability at any time, the right to access and correct personal data, and the right to object to data processing. The User may withdraw consent to data processing at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
6. The User also has the right to lodge a complaint regarding the processing of personal data with the President of the Personal Data Protection Office.
7. The Seller hereby informs that it never transfers, sells, or lends collected User personal data to third parties, unless with the express consent or at the User's request, or at the request of legally authorized state authorities in connection with ongoing proceedings.
8. The Seller processes personal data provided by the User of the Online Pharmacy in a manner consistent with the scope of the authorization granted by the User and legal requirements, including the provisions 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), in particular it protects the personal data of Users and Ordering Parties against unauthorized access, loss or damage.
X. OTHER PROVISIONS:
1. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in accordance with which the Sales Agreement should be interpreted, in particular the Civil Code, the Act on the Provision of Electronic Services, and, with respect to Consumers, also the Consumer Act.
2. For the avoidance of doubt, none of the provisions of these Terms and Conditions limit or exclude the rights of the Consumer under the laws of the Consumer's country. If the laws of the Consumer's country are more favorable to the Consumer than the provisions of Polish law and are generally applicable, they shall apply to both the Seller and the Consumer in the Sales Agreement concluded under these Terms and Conditions.
3. The Seller is entitled to amend these Terms and Conditions for important reasons (e.g., changes in applicable regulations, changes in the rules of sale at the Online Pharmacy). If any changes are made to these Terms and Conditions, the User will be notified at least 14 days in advance of the effective date of the changes (appropriate information about changes to the Terms and Conditions will be posted on the Online Pharmacy's website, and Users with a Customer Account will receive information about changes to the Terms and Conditions via email). If the User does not accept the amended Terms and Conditions, he or she has the right to discontinue use of the Online Pharmacy and terminate the Service Agreement. This does not exclude or limit the User's right to discontinue use of the Online Pharmacy at any time.
4. The content of these Terms and Conditions may be recorded by printing, saving on a medium, or downloading at any time from the Online Pharmacy's website.
5. The provisions of the Terms and Conditions should be interpreted in a manner ensuring their compliance with applicable law.
6. Any disputes arising between the Seller and the Customer who is not a Consumer will be submitted to the common court having jurisdiction over the Seller's registered office.
Staszów, July 15, 2018
Appendix No. 1 – Sample declaration of withdrawal from the contract.
This form should be completed and returned only if you wish to withdraw from the Sales Agreement.
…………………………………………….
Consumer's name and surname
…………………………………………….
Residential address
…………………………………………….
Contact telephone number
…………………………………………….
Email address
……………………………………………….
Order number and receipt/VAT invoice number
Apteka Zdrowie, ul. Opatowska 10, 28-200 Staszów
with the note: "withdrawal from the contract www.aptekazdrowie-24.pl"
Declaration of withdrawal from a distance contract
Acting in accordance with Art. 27 of the Act of 31 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683, as amended), I hereby declare that I am withdrawing from the sales contract for the following products: …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………...
The sales contract was concluded with PUH MAJ J.MAJ on ………………. / I received the products on ……………….…………….
I request a refund to the following bank account:
……………………………………………………………………………………………………………………
……………………………… ..
Date and consumer signature (only if the document is sent to the Seller in paper format) and DELETE WHAT IS NOT APPLICABLE
