SHOP REGULATIONS
§1
GENERAL PROVISIONS
- These Regulations establish the rules for the use of the mioxselle.pl Online Store by all Users.
- Regulations regulated in the scope of regulations: conditions for concluding and applying Product Sales Agreements, the course of the complaint procedure and the type and scope of electronic services via the mioxselle.pl online store, as well as the conditions for the provision of electronic services and the conditions contained in electronic services contracts.
- By using the Electronic Services available through the Store located at mioxselle.pl, the User agrees that these Regulations are binding on him and undertakes to comply with their provisions.
- The following provisions of Polish law apply to all matters not regulated in these Regulations:
- Act of 18 July 2002 on the provision of electronic services,
- Act of May 30, 2014 on consumer rights,
- Act of September 23, 2016 on out-of-court resolution of consumer disputes,
- Provisions of the Act of April 23, 1964, Civil Code and all other applicable provisions of Polish law.
§2
DEFINITIONS OF THESE TERMS AND CONDITIONS
- CONTACT FORM – a form available on the website www.mioxselle.pl eREGULATIONS – these regulations of the Store.nabling sending a message to the Service Provider.
- REGISTRATION FORM – a form available on the website www.mioxselle.pl enabling the creation of an Account.
- ORDER FORM – a form available on the website www.mioxselle.pl enabling the submission of an Order.
- CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
- CONSUMER – a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
- ACCOUNT – marked with an individual name (login) and password, a set of resources in the Service Provider’s IT system in which the Service Recipient’s data is collected, including information about placed Orders.
- PRODUCT – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- REGULATIONS – these regulations of the Store.
- SHOP – Service Provider’s online store operating at www.mioxselle.pl
- SELLER, SERVICE PROVIDER – KLEEMED PHARMACEUTICALS POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the District Court for the Capital City of Warsaw. WARSAW IN WARSAW, 12th COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER under KRS number: 0000950645, place of business and address for service: ul. ŻURAWIA, no. 32/34, lok. 49, seats. WARSAW, code 00-515, NIP: 7011072981, REGON: 521169098, e-mail address: info@mioxselle.pl, telephone number: +48 722 771 099
- OPINION SYSTEM – Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions regarding Products.
- SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.
- SERVICE RECIPIENT – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
- ORDER – the Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
§3
INFORMATION REGARDING PRODUCTS AND THEIR ORDERING
- The www.mioxselle.pl store conducts retail sales of Products via the Internet.
- The products offered in the Store are new, free from physical and legal defects and have been legally introduced to the Polish market.
- The information available on thThe Store processes Orders placed from Monday to Friday during the Store’s opening hours, i.e. from 9:00 a.m. to 5:00 p.m. on business days. Orders placed on working days after 17:00, on Saturdays, Sundays and holidays, will be processed the next business day.e Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product on the terms specified in its description.
- The Product price displayed on the Store’s website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
- The Product price displayed on the Store’s website is binding at the time the Customer places the Order. This price will not change regardless of price changes in the Store that may appear in relation to individual Products after the Customer places the Order.
- Orders can be placed via the website using the Order Form (Store www.mioxselle.pl) – 24 hours a day, all year round.
- In order to place an Order, the Customer is not obliged to register an Account in the Store.
- The condition for placing an Order in the Store by the Customer is to read the Regulations and accept their provisions at the time of placing the Order.
- The Store processes Orders placed from Monday to Friday during the Store’s opening hours, i.e. from 9:00 a.m. to 5:00 p.m. on business days. Orders placed on working days after 17:00, on Saturdays, Sundays and holidays, will be processed the next business day.
- Products on sale (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until stocks of a given Product are exhausted.
§4
CONCLUSION OF A SALES AGREEMENT
- To conclude the Sales Agreement, it is necessary for the Customer to place an Order in advance using the method provided by the Seller, in accordance with §3 points 6 and 8 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt.
- Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order takes place by sending an e-mail.
- Confirmation of receipt of the Order includes:
- confirmation of all essential elements of the Order,
- withdrawal form,
- these Regulations containing information on the right to withdraw from the contract.
- When the Customer receives the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
- Each Sales Agreement will be confirmed by a proof of purchase (cash receipt), which will be attached to the Product and/or sent by e-mail to the Customer’s e-mail address provided in the Order Form.
§5
PAYMENT METHODS
- The seller provides the following payment methods:
- payment by traditional transfer to the Seller’s bank account,
- payment via the electronic payment system (Przelewy24.pl).
- In the case of payment by traditional transfer, the payment should be made to the bank account number: 52102010550000990205225240 (Powszechna Kasa Oszczedności Bank Polski SA.) KLEEMED PHARMACEUTICALS POLAND SP. Z O.O., ul. Żurawia, no. 32/34, lok. 49, 00-515 Warszawa, NIP: 7011072981
Please enter “Order No….” in the transfer title.
- In the case of payment via the electronic payment system, the Customer makes the payment before the execution of the Order begins. The electronic payment system allows you to make payments by credit card or quick transfer from selected Polish banks.
- The Customer is obliged to pay the price under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
- The product will only be shipped after payment has been made.
§6
COST, DATE AND METHODS OF PRODUCT DELIVERY
- Product delivery costs, which are covered by the Customer, are determined during the Order placement process and depend on the choice of payment method and delivery method of the purchased Product.
- The Product delivery date includes the Product completion time and the Product delivery time by the carrier:
- Product completion time is 1 to 2 business days from:
- posting the funds paid under the Sales Agreement on the Seller’s account or
- positive authorization of the transaction by the electronic payment system.
- the delivery of Products constituting movable items by the carrier takes place within the time declared by him, i.e. from 1 to 3 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
- Product completion time is 1 to 2 business days from:
- Products purchased in the Store are shipped only within Poland via a courier company.
§7
PRODUCT COMPLAINT
Warranty complaint.
- The basis and scope of the Seller’s liability towards the Customer who is a Consumer under the warranty covering physical and legal defects are specified in the Civil Code Act of April 23, 1964,
- notifications about defects regarding the Product and submitting an appropriate request can be made via e-mail to the following address: info@mioxselle.pl or in writing to the following address: ul. Żurawia, no. 32/34, lok. 49, 00-515 Warsaw
- the above message in written or electronic form should include as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,
- to assess physical defects of the Product, it should be delivered to the following address: ul. Żurawia, no. 32/34, lok. 49, 00-515 Warsaw
- the seller will respond to the customer’s request immediately, no later than within 14 days from the date of filing the complaint,
- in the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance. In connection with a justified complaint of a Customer who is a Consumer, the Seller covers the costs of collection, delivery and replacement of the Product with a defect-free one,
- the response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.
§8
RIGHT TO WITHDRAW FROM THE CONTRACT
- Subject to point 10 of this paragraph, the Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days. To meet this deadline, it is enough to send a declaration of withdrawal from the contract provided by the Store.
- In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller proposed that he will pick up the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
- In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Żurawia, no. 32/34, lok. 49, 00-515 Warsaw.
- The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. In order to determine the nature, characteristics and functioning of the Products, the Consumer should handle and inspect the Products only in the same way as he could do it in a stationary store.
- Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with its delivery costs using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. . Subject to point 7 of this paragraph, the return will be made immediately, and no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
- If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse him for any additional costs incurred.
- If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
- The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
- The fourteen-day period within which the Consumer may withdraw from the contract is counted from the day on which he took possession of the Product, and in the case of a service, from the date of concluding the contract.
- The right to withdraw from a distance contract is not available to the Consumer in the case of a Sales Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to meet his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
- in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items,
- in which the subject of the provision is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has provided the service, he will lose the right to withdraw from the contract,
- in which the subject of the service is an item that deteriorates quickly or has a short shelf life.
- Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to perform its obligation within a strictly specified period.
§9
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables the use of Electronic Services via the Store such as:
- concluding Product Sales Agreements,
- maintaining an Account in the Store,
- Feedback System,
- sending a message via the Contact Form.
- The provision of Electronic Services to Service Users in the Store takes place on the terms specified in the Regulations.
- The Service Provider has the right to post advertising content on the Store’s website. This content constitutes an integral part of the Store and the materials presented therein.
§10
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- The provision of Electronic Services specified in §9 point 1 of the Regulations by the Service Provider is free of charge.
- The period for which the contract is concluded:
- the contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a fixed period of time and is terminated when the Order is placed or the Service User stops placing it,
- the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period. The contract is concluded when the Service User sends the completed Registration Form,
- the contract for the provision of an Electronic Service involving the use of the Opinion System is concluded for a fixed period of time and is terminated when the opinion is posted or the Service User stops using the Service,
- the contract for the provision of Electronic Services consisting in enabling the sending of a message to the Service Provider via the Contact Form is concluded for a fixed period of time and is terminated when the message is sent or the Service Recipient stops sending it.
- Technical requirements necessary for cooperation with the IT system used by the Service Provider:
- computer (or mobile device) with Internet access,
- access to e-mail,
- Web browser,
- enabling Cookies and Javascript in the web browser.
- The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
- The service recipient is obliged to enter data consistent with the actual situation.
- The Service Recipient is prohibited from providing illegal content.
§11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to the following address: info@mioxselle.pl
- In the above e-mail message, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Service Provider.
- The Service Provider will consider the complaint immediately, no later than within 14 days from the date of notification.
- The Service Provider’s response to the complaint is sent to the Service User’s e-mail address provided in the complaint or in another manner provided by the Service User.
§12
CONDITIONS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the contract for the provision of Electronic Services:
- The contract for the provision of Electronic Services of a continuous and indefinite nature (maintaining an Account) may be terminated,
- The service recipient may terminate the contract with immediate effect and without specifying reasons by sending an appropriate declaration via e-mail to the following address: info@mioxselle.pl,
- The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature if the Service User violates the Regulations, in particular when he provides illegal content after an ineffective prior request to stop the violations and set an appropriate deadline. In such a case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period).
- Termination leads to the termination of the legal relationship with future effect.
- The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by mutual consent of the parties.
§13
INTELLECTUAL PROPERTY
- All content posted on the website at www.mioxselle.pl is protected by copyright and (subject to § 13 point 3 and elements posted by Service Recipients, used under a license, transfer of property copyrights or permitted use) is the property of KLEEMED PHARMACEUTICALS POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XIITH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under the KRS number: 0000950645, place of business and address for service: ul. ŻURAWIA, no. 32/34, room 49, WARSAW, code 00-515, NIP: 7011072981, REGON: 521169098. The Service Recipient is fully liable for any damage caused to the Service Provider resulting from the use of any content of the website www.mioxselle.pl without the consent of the Service Provider.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and contents of the website www.mioxselle.pl constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.
- All trade names, Product names, company names and their logos used on the Store website at www.mioxselle.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store website at www.mioxselle.pl are used for informational purposes.
§14
FINAL PROVISIONS
- Agreements concluded through the Store are concluded in accordance with Polish law.
- In the event of any inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the disputed provision of the Regulations.
- Any disputes arising from Sales Agreements between the Store and Consumers will be resolved first through negotiations, with the intention of amicably resolving the dispute, taking into account the Act on the out-of-court resolution of consumer disputes. However, if this is not possible or is unsatisfactory for either party, disputes will be resolved by a competent common court, in accordance with point 4 of this paragraph.
- Any disputes arising between the Service Provider and the Service Recipient (Customer) who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
- A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting an application to initiate mediation or an application for consideration of the case by an arbitration court after the complaint procedure has been completed (the application can be downloaded from the website https://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of the Trade Inspection is available on the website: https://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection. Out-of-court claims settlement after the complaint procedure has been completed is free of charge.
- In order to amicably resolve a dispute, the consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) online platform, available at: https://ec.europa.eu/consumers/odr/.