Regulations of the OpenMedis online store

§ 1

1. The Online Store of the OpenMedis limited liability company, company operating at www.openmedis.pl and www.open-medis.com based in Cracow, ul. Kolejowa 2, Post code: 30805, VAT ID: PL6793229260
2. 2. These Regulations apply to Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store. Conditions that oppose or differ from our terms and conditions are not accepted by us. The contract language is Polish or english

§ 2

1. Seller - OpenMedis limited liability company, ul. Kolejowa 2, 30-805 Kraków, VAT ID: PL6793229260
2. Entrepreneur - means a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
3. Consumer - means a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
4. Customer - means each entity making purchases through the Store.
5. Store - an online store run by the Seller at the Internet address www.openmedis.pl or www.open-medis.com
6. Distance contract - means a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
7. Regulations - means the regulations of this Store.
8. Order - means the Customer's declaration of will submitted to the Seller, aimed directly at concluding the Product Sales Agreement or Products with the Seller.
9. Account - means an individual Customer account in the Store, with an assigned login and password, in which the data provided by the Customer and information about orders placed and completed in the Store are collected.
10. Registration form - means the form available on the Store's website, enabling the creation of an Account.
11. Order form - means an interactive form available on the store's website that allows placing an Order by adding Products to the Cart and specifying the method of delivery and payment.
12. Cart - means an element of the Online Store software in which the Products selected for purchase are visible, and in which it is possible to determine and modify the Order data, e.g. the number of products.
13. Product - means a product available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement - means a Product sales contract concluded between the Customer and the Seller via the Online Store under the conditions specified in these Regulations.

§ 3

1. Seller's registration address:  OpenMedis limited liability company, ul. Kolejowa 2, 30-805 Kraków, VAT ID: PL6793229260
   

2. Addresses of the  stockul. Kolejowa 2, 30-805 Kraków

3. Seller's e-mail address: kontakt@openmedis.pl

4. Seller's telephone number: +48 605999769

5. Santander Seller's bank account number:

PLN: 98 1090 2053 0000 0001 4936 4482

EURO: PL 68 1090 2053 0000 0001 4936 4537
USD: PL 67 1090 2053 0000 0001 4936 4555

SWIFT CODE: WBKPPLPPXXX

Bank NAME: SANTANDER BANK POLSKA S.A.

6. Possibility to use selling addresses by means of addresses and reporting addresses in sec. 2 and 3 from 8.00 a.m. to 5.00 p.m. from Monday to Friday, except for public holidays.

§ 4

In order to use the Online Store www.openmedis.pl or www.open-medis.com including browsing the Store's assortment and placing orders, it is required:

1. A device with any web browser and access to the Internet

2. An active e-mail account (e-mail),

3. Enabled cookies.

§ 5

1. The Seller is not responsible for any disruptions and interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

2. Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.

3. The prices given in the Store are given in Polish zlotys and are gross prices. The prices given in foreign language versions of the store are an exception. The lack of a visible price for a given product means that you need to contact us for an individual quotation. For this purpose, you can send an e-mail, use the form or the option of adding several items to the valuation or wish list.

4. The final price to be paid by the Customer is the sum of the price for the Product and the cost of delivery, about which the Customer is informed in the return message or by phone.

§ 6

User registration and Account creation in the Store

1. In order to create an account in the Store and user registration, please complete the Registration Form. It is necessary to provide the following data: name and surname, e-mail address, password, telephone number, company name, tax identification number, REGON, address data (city, street, zip code).

2. Creating an Account in the Store is voluntary.

3. Creating an account in the store is free.

4. Logging in to the Account is done by entering the e-mail address and password provided in the Registration Form.

5. At any time, without giving a reason and without incurring any fees, the Customer may delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the Seller's contact address referred to in § 3.

§ 7

Orders

1. In order to place an Order:

- Log in to the Online Store www.openmedis.pl or use the option of purchasing without logging in

- Select the Product being the subject of the Order, select the quantity and then click the "ADD TO CART" button;

- Click the "continue shopping" button

- if you choose more Products or the "View basket" button if you want to finish shopping.

- Check the type, quantity, price and then click the "NEXT" button,

- Enter Login and password to log in to the store as a user or make purchases without registration and fill out the appropriate form.

- The cost of delivery is added to each order.

- In order to determine the cost of delivery and payment methods, please contact us by phone or e-mail in accordance with the data provided in § 3.

- The Foreign customers place orders by e-mail. Foreign customers are required to send an inquiry each time in order to obtain the product price and estimate the delivery costs.

2. It is possible to place an Order without registration.

3. If the option of placing an Order without registration has been chosen - fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered along with the phone number for the courier, contact regarding the delivery costs and method of payment, enter the invoice details, if are different than the data of the recipient of the Order.

4. Placing and accepting an order for execution is each time confirmed by the Store.

5. The order is effective if the customer correctly completes the order form and correctly provides contact details, including the exact address to which the goods are to be sent, contact telephone number and e-mail address. If the provided data is not complete, the Seller will contact the Customer, and if such contact is not possible, the order will be canceled.

6. The offer presented in the store is informative and does not constitute an offer within the meaning of Art. 66 paragraph 1 of the Polish Civil Code and does not reflect the current inventory. The final price with transport costs will be each time confirmed by the Seller and provided to the Customer in accordance with paragraph 4.

§ 8

Delivery and payment methods offered

1. The preferred form of payment is a transfer to the Seller's account

2. The customer can use the following payment methods:

1. Payment on delivery,

2. Payment by bank transfer to the Seller's account,

3. Fast Payments

3. The Customer may use the following methods of delivery or collection of the ordered Product:

A. Courier shipment - cost determined individually depending on the size of the order and adress

B. Courier shipment on delivery - cost determined individually depending on the size of the order

C. Pickup in person (PLN 0.00)

§ 9

Execution of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations or by sending the order via e-mail.

2. After placing the Order, the Seller shall immediately confirm its receipt and confirm the acceptance of the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3. If the Customer chooses:

1. payment by bank transfer, the Customer is obliged to make the payment within the time limit set by the Seller - otherwise the order will be canceled.

2. cash payment upon personal collection of the parcel, the Customer is obliged to make the payment upon collection of the parcel at the latest on the day of collection.

4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.

5. In the case of ordering Products with different delivery dates, the delivery date is the longest given date. At the customer's request, it is possible to deliver the Products in parts.

6. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated by the Seller. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.

7. The delivery of the Product takes place only within the territory of Poland, the European Union or outside its borders.

8. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer by the Seller when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

9. Before the Buyer collects the parcel from the courier, check that the packaging and contents have not been damaged in transit. In particular, pay attention to the condition of the tapes or seals affixed to the package. If the packaging of the parcel is damaged or the seals (tapes) are broken or the contents turn out to be damaged, do not accept the parcel and prepare a damage report in the presence of the courier and immediately contact the Seller. If the Buyer picks up the parcel from the courier delivering it and its contents turn out to be damaged, the possibility of making a complaint about the delivered order shall expire.

10. In the event that the Customer fails to collect the shipment despite the Seller's attempt to deliver the goods in accordance with the concluded sales contract, the Customer shall bear the costs of transport even when the pro-forma order confirmation has given him the option of free delivery of the goods.

11. Personal collection of the Product by the Customer is free of charge.

§ 10

The right to withdraw from the contract by foreign consumers

1. Consumer information: Non-participation in a dispute settlement procedure

2. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer complaint office

§ 11

Complaint and warranty

1. The Sales Agreement covers only brand new Products.

2. The Seller undertakes to provide the Customer with a Product free from defects.

3. In the event of a defect in the Product purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.

4. Complaints should be submitted in writing to the address of the Seller -  OpenMedis:

   -   ul. Klonowica 25, 30-654 Kraków or Kolejowa 2, 30-805 Cracow or in electronic form via e-mail to kontakt@openmedis.pl

5. The submission of a complaint should include in particular:

A. Information on the subject of the complaint,

B. Type and date of occurrence of the defect,

C. Specifying the request for the manner of considering the complaint.

6. The Seller will respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified

7. The product returned as part of the complaint procedure should be sent to the address provided by the Seller

8. The basis for a complaint about a damaged shipment is a properly prepared damage report, referred to in § 9 sec. 9.

9. If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store. The Seller will also attach a warranty card to the sold Product.

§ 12

1. The customer has the option of using the Newsletter service in the form of current commercial and promotional offers

2. The use of the Newsletter in the form of current commercial and promotional offers takes place after the Customer agrees in the "I want to receive the Newsletter" tab visible in the Customer Account in the Store

3. The "Newsletter" will be sent to the e-mail address provided by the Customer.

4. The Newsletter Electronic Service is provided free of charge for an indefinite period.

5. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Seller, in particular via e-mail or to the address referred to in § 3.

§ 13

Personal data in the Online Store and their protection In accordance with the Personal Data Protection Act of May 10, 2018 (Journal of Laws of 2016, item 922)

1. The administrator of the data indicated in the consent to the processing of personal data expressed above is Paweł Wójcik, the owner of the company OpenMedis sp. z o. o with its registered office at ul. Kolejowa 2, 30-805 Cracow, post office Krakow, tel .: +48 605 999 769, e-mail address: kontakt@openmedis.pl 

2. The purpose of data collection is to sell the offered products and services. Customers' personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes (Newsletter).

3. Your personal data will be processed for the purpose of providing commercial and training services by OpenMedis and OpenMedis Limited Liability Company

4. You have the right to access the data and rectify, delete or limit processing, as well as the right to object, request the cessation of data processing and transfer, as well as the right to withdraw consent at any time and the right to lodge a complaint to the supervisory authority ( i.e. the President of the Personal Data Protection Office.).

5. Providing data is voluntary, but necessary for the execution of the order / service by OpenMedis. If the data is not provided, the implementation of orders and services will be impossible.

6. The data provided by you will not be made available to third parties. The recipients of the data will only be institutions authorized by law.

7. The data provided by you will not be profiled.

8. The data controller has no intention of transferring personal data to a third country or an international organization. An exception may be the storage of a secured copy of your data on service providers' servers, which may be physically located outside the European Economic Area.

9. Personal data will be kept for the period necessary to provide the service, the functioning of the user's account and archived for the purposes necessary and regulated by law. The data will be made available to entities authorized under the law.

10. The recipients of the personal data of the Customers of the Online Store may be:

A. In the case of a Customer who uses the Online Store with the method of delivery by courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.

B. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.

11. The customer has the right to access their data and correct them and to request deletion of data. All reports in this regard should be sent to the Seller's address details, referred to in § 3.

12. Providing personal data is voluntary, however, failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude a contract.

§ 14

1. Agreements concluded through the Online Store are concluded in Polish.

2. The Seller reserves the right to amend the Regulations for important reasons, that is:

• changes in the law, changes in payment and delivery methods

• to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.

3. In matters not covered by these Regulations, the provisions of the Civil Code shall apply; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.