RULES AND REGULATIONS

dated 29th November 2021.

§ 1

The Online Store is operated by PHARMOVIT DYSTRYBUCJA Spółka z ograniczoną odpowiedzialnością with its registered office in Płock, Tax Identification No. (NIP) 7743231999, hereinafter referred to as the “Seller”. The Seller is also the sole owner of the Online Store and the Products offered therein.
The Online Store is an IT platform that allows Users to learn about the products offered by the Seller, including prices and availability of the Products, to conclude sales contracts, service agreements. For this purpose, the Seller provides the Users with the necessary system tools and provides the Services under the terms of the Rules and Regulations.
The use of the Online Store by the User is possible on the condition that he/she has access to the Internet.
The Seller shall make every effort to ensure that the User’s experience of the Online Store is uninterrupted; however, the Seller reserves the right to periodic difficulties in the use of the online platform due to reasons beyond the Seller’s control or as a result of acts or omissions of third parties, as well as to improve or restore the functionality of the system.
The User accessing the Online Store is obliged to comply with the Rules and Regulations.
The prices of the product(s) presented on the Store’s websites are gross prices (including VAT) and are expressed in Polish zloty or, at the Customer’s choice, in EUR, and, together with the product descriptions, are for illustrative purposes only and constitute only commercial information and not an offer within the meaning of the Civil Code. At the same time, we would like to inform you that customers should have a foreign currency account when choosing the currency of their transactions in EUR. Making a traditional transfer from the Customer’s bank account held in Polish zlotys will require the Customer to incur the cost of converting Polish zlotys into EUR. In the event that, as a result of currency conversion, the amount that is credited to the Seller’s bank account is less than the price of the product, the Seller shall call on the Customer to make up the amount. If, as a result of currency conversion, the amount that is credited to the Seller’s account is higher than the price of the product, the Seller shall immediately refund the overpayment to the Customer’s bank account. In the event that the Customer does not have a bank account in EUR, but nevertheless intends to make a purchase transaction in this currency, we recommend using online payments, i.e. via Przelewy24, as they do not generate the need for currency conversion.
The price indicated next to the product is valid while stocks last.
The Seller reserves the right to change the prices of products presented on the Online Store’s websites, to inform about new and different products, to carry out and cancel promotional actions on the store’s websites, to sell out or to introduce changes thereto. The right referred to in the preceding sentence shall not affect orders placed before the effective date of the price change, promotional or sale conditions.
The Seller declares that the products sold through the online store are new, approved for marketing and have all the permits required by Polish law.
The Seller shall make every effort to make the products presented on the online store’s website available to Users. In the event of unavailability of the products included in the order, the Seller shall immediately notify the Buyer and, if the Buyer has paid the price, the Seller shall reimburse the Buyer the entire sum of money received from the Buyer.
In the case of promotional sales and sell-outs with a limited number of goods, orders will be processed in the sequence in which confirmed orders for these goods are received, until the stocks covered by these forms of sale are exhausted.

§ 2

The Seller allows Users to make purchases via the store’s website www.sklep.pharmovit.pl by filling in a form on the store’s websites.
Each time an order is placed, the User shall receive a confirmation of the order from the Seller at the e-mail address provided by the User.
Together with the correspondence referred to in (2) above, the User shall receive from the Seller appendices containing the Rules and Regulations, Privacy Policy, as well as a declaration form on withdrawal from the contract, in accordance with the Directive of the Parliament and of the Council No. 97/7/ EC of 20.05.1997 on the protection of consumers in respect of distance contracts. The Seller advises the User to record the content of the aforementioned documents for his/her own use (in the form of a printout or digital recording) in the wording in which they were binding upon the parties at the time of the conclusion of the contract.
When placing an order, the Buyer is obliged to provide true personal data, as well as other information requested in the order form.
The Seller reserves the right to verify the veracity of the data indicated in the form, as well as to refuse to accept the order in the event that doubts are raised as to its correctness. In such a case, the Seller shall immediately inform the User about the refusal of acceptance of the order by sending relevant information to the e-mail address presented in the order. The User shall not be entitled to any claims against the Seller for refusal to accept an order, in particular claims for damages.

§ 3

Pursuant to the Act of 30th May 2014 on consumer rights, a Buyer who is a consumer has the right to withdraw from a concluded contract of sale within 14 days from the date of delivery of the goods to him without stating a reason. In the event of exercising such a right, the Buyer is obliged to inform the Seller by submitting an appropriate declaration, which may be sent by post to the address: Kostrogaj 9D, 09-400 Plock, it can also be done by e-mail to zamowienia@pharmovit.pl
The product being returned in connection with the withdrawal from the contract must be complete and must not bear any signs of use. The returned goods must be accompanied by a copy of the sales document. The cost of returning the goods shall be borne by the Buyer. The Buyer is obliged to duly secure the goods to be sent back so as to prevent them from being damaged during transport. In the event that the delivered goods are incomplete or bear any signs of use, the Seller reserves the right to claim damages from the Buyer to the extent permitted by applicable law. After receipt and acceptance of the product, the Seller shall return its amount to the Buyer in unchanged condition and issue a corrective invoice to the Buyer, which it shall send to the Buyer’s address.
In the event of withdrawal from the contract, the amount due shall be transferred to the Buyer’s bank account immediately, no later than within 14 days of receipt by the Seller of the Buyer’s declaration of withdrawal from the contract, on condition that the Seller also obtains the return of the product within the specified period.

§ 4

In the online store, the Seller allows Users to pay for the ordered product in the following ways:
- payment by bank transfer – by transferring money directly to the Seller’s bank account. The Seller proceeds with the order as soon as the contract is concluded and the funds are credited to its bank account,
- “cash on delivery”- the User pays for the product delivered to them directly into the hands of the product supplier,
- using online transfers made available via Przelewy24.pl –

The moment of payment shall be deemed to be the moment the funds are credited to the Seller’s account or the positive result of payment authorisation in the case of payment via Przelewy24.pl. The Buyer is obliged to pay the final price, which is the result of the purchase price of the goods plus any transport costs that the Buyer acquires with the product.

§ 5

The goods ordered are delivered exclusively within Europe.
The Seller makes it possible to place an order with or without creating a User account. However, the Seller encourages the creation of a User account, as it enables the User to exercise at least the rights referred to in § 7 below.
The sale of goods is conditional on the completion of a registration form, in which the Customer is required to indicate::
- full name or company name,
- Personal Identification No. (PESEL) or Tax Identification No. (NIP),
- e-mail address,
- residence or postal address,
- contact phone number.
The dispatch time of the products is a maximum of 1 working day from the day of the conclusion of the contract or the receipt of funds into the Seller’s bank account. In the event that the goods cannot be delivered within the above-mentioned period of time, the Buyer will be immediately informed by the Seller at the indicated e-mail address.
Delivery of the goods is made by insured parcel in cooperation with a courier company selected by the Seller. The Seller reserves the right to change the courier company, even after the order has been placed by the Buyer.
The cost of delivery of the goods is fully covered by the Seller if the gross value of the ordered products exceeds PLN 199. In the case of orders with a gross value below PLN 199, the system automatically charges the cost of transporting the products.
The Buyer is obliged to assess the condition of the product and its conformity with the order at the time of delivery by and in the presence of the Courier. In the event of damage to the goods, a complaint report must be drawn up in the presence of the Courier (the Courier is obliged to have a form of such report), including a description of the damage. The product under complaint must be returned to the Courier together with the sales invoice.
Upon receipt of the goods, the Buyer is obliged to acknowledge receipt. From that moment on, the product becomes the property of the Buyer and all rights and risks associated with its loss or damage are transferred to the Buyer.

§ 6

If, after ownership of the product has passed to the Buyer, the Buyer finds that the product has physical defects or is not in conformity with the contract, the Buyer may:
- file a complaint to the Seller on the basis of non-compliance of the goods with the contract (legal basis – Act of 30th May 2014 on consumer rights)
- submit a complaint to the Seller under the guarantee for defects (legal basis – Civil Code).
The transport of the products complained of through the Seller, guarantee or non-conformity with the contract, is carried out at the request and expense of the Seller via a courier company.
Complaints related to the online service (e.g. incorrect products in the shopping cart) can be submitted until the product is collected, i.e. the product passes into the ownership of the User.
Upon receipt of the shipment, the Buyer is obliged to sign for it in the presence of the Courier, with a simultaneous annotation that the shipment was delivered undamaged or that the shipment bears signs of damage with a simultaneous description of the damage.
The Seller shall be liable for non-conformity of consumer goods with the contract only if it is found before the expiry of two years from the release of these goods to the Buyer, the Buyer shall lose the rights set out in Article 8 of the above-mentioned Act if, before the expiry of two months from the finding of non-conformity of the goods with the contract, he/she fails to notify the Seller of this fact.
Complaints should be submitted by e-mail to zamowienia@pharmovit.pl
The complaint should contain, in particular, the personal data of the person making the complaint, the order number and a brief description of the product defects, as well as the expected manner of settling the complaint.
The Seller shall consider the complaint within 14 days of receipt. It shall inform the User about the result of the complaint consideration via e-mail.

§ 7

We would like to inform you that the Controller of your personal data is Pharmovit DYSTRYBUCJA Spółka z ograniczoną odpowiedzialnością with its registered office in Płock at Kostrogaj 9D, 09-400 Płock, registered in the National Court Register kept by the District Court for Łódź Śródmieście in Łódź, 20th Commercial Division of the National Court Register under KRS No. 0000654095 Tax Identification No. (NIP) 7743231999 share capital PLN 100,000. (hereinafter referred to as the Controller).
Personal data are processed by the Controller:
1. on the basis of 6(1a) of the DPA, i.e. in the event that you have given your prior consent,
2. pursuant to Article 6(1b) of the GDPR, when it is necessary to perform the contract to which the person is a party or to take action at the request of the data subject, before concluding the contract, i.e. in order to complete the order, its delivery,
3. pursuant to Article 6(1c) of the GDPR for the implementation of the legal obligation incumbent on the Controller, i.e. the performance of tax and accounting obligations, in particular in order to document the transactions carried out, i.e. issuing a VAT invoice,
4. pursuant to Article 6(1f) of the GDPR for:
- archiving purposes in order to secure information in the event of a legal need to prove the facts, i.e. the conclusion and performance of a contract, payment of a price, which is our legitimate interest,
- the purposes of establishing, investigating or defending against claims, i.e. seeking payment for contractual obligations performed by the Controller,
- ensuring that we are able to offer you products,
- analytical purposes, i.e. optimisation of our products, your interest in our products,
- checking your payment credibility.
Categories of data that we process
The Controller collects your personal data obtained during the conclusion of the contract with you and during its duration, in particular:
1. name(s) and surname, e-mail address, contact address, company name of the represented entity, telephone number, job title, bank account number,
2. in the case of entrepreneurs, we also process: Tax Identification No. (NIP), National Business Registry No. (REGON), registered office address.
Data recipients
We may share your personal data with subcontractors, i.e. entities that we use when processing personal data, i.e. law firms, accountants, carriers, co-workers, entities providing postal services, entities providing IT services, economic information offices.
We do not forward your personal data outside of Poland.
The Controller undertakes to use appropriate security measures, both technical and organisational, to protect your personal data. Personal data will be retained by the Controller and/or Data Processors only for the time necessary to achieve the purposes for which the data are collected, to comply with legal obligations, for a maximum period of time to secure the materials necessary for legal proceedings (including tax proceedings) and until the possible statute of limitations for your and the Controller’s claims.
The data subject has the right to:
1. access his/her data and receive a copy thereof,
2. rectify his/her data,
3. delete data, i.e. if in your opinion there are no grounds for processing personal data by the Controller, you may request that we delete them,
4. limit data processing – if you consider that we should limit the processing of personal data, e.g. only to their storage or use in an agreed manner with you,
5. object to the processing of data,
6. you have the right to the so-called objection to marketing, i.e. demanding the cessation of data processing for the purpose of direct marketing,
7. request data transfer. You can request the transfer of data directly to another entity,
8. lodge a complaint with a supervisory authority. If you believe that we process data unlawfully, you can lodge a complaint with the President of the Office for Personal Data Protection,
9. withdraw consent to the processing of personal data.
We would also like to inform you that providing personal data is voluntary. Nevertheless, it should be noted that their provision is a necessary condition for the conclusion and performance of the contract. Therefore, if you refuse to provide your personal data, we may refuse to conclude and perform the contract or provide you with an offer of the current price list at your request.
In all matters related to the protection of personal data, please contact us at: rodo@pharmovit.pl

§ 8

The website of the Online Store is protected by copyright. All rights not granted to the User directly under the provisions of the Rules and Regulations are reserved. Users may use the works and databases contained on the Online Store’s websites only to the extent of the permitted use determined by the provisions of the Act of 4th February 1994 on copyright and related rights, and the Act of 27th July 2001 on the protection of databases. In particular, apart from the cases specified in these provisions, it is forbidden to perform for commercial purposes without the prior written consent of the Seller the following: reproduction, copying, transfer, distribution or storage of part or all of the content of the Online Store’s website, unless otherwise provided in the Rules and Regulations.
The Seller shall grant the User a non-exclusive, royalty-free and non-transferable licence to use the User’s copyrights in works placed on the web pages of the Online Store solely for the purpose of using the Services, concluding a Sales Contract or a service agreement for Products other than Goods. The use of the Online Store’s website and its contents is permitted for the User’s own and non-commercial purposes.
The license referred to in item 2 above shall automatically cease upon the termination of the binding force of the relevant contract concluded as part of the functioning of the Online Store. The Seller grants the User permission to print copies or extracts from the Online Store’s websites exclusively for the User’s own use, not related to the User’s business or professional activity.
The Rules and Regulations are available and published at www.sklep.pharmovit.pl. The Seller reserves the right to change the content of the Rules and Regulations. The amendment to the Rules and Regulations has legal effect from the date of publication of the Rules and Regulations on the Store’s website and refers to orders placed after the date of publication of the Rules and Regulations.
If a particular provision of the Rules and Regulations is declared invalid or ineffective, the invalidity or ineffectiveness of that provision shall not affect the validity or effectiveness of the remaining provisions of the Rules and Regulations. The Seller shall endeavour to replace the invalid or ineffective provision with a new one that is not legally defective.
Pursuant to Article 6 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), the Seller shall inform the User at his/her request, in the form chosen by him/her, about specific risks related to the use of any services provided electronically.
The competent court for resolving disputes arising from these Rules and Regulations, the contract for the provision of Services, contracts for the provision of services in the scope of Products offered by the Seller is the common court of competent subject matter jurisdiction and territorial jurisdiction.
These Rules and Regulations, together with the Appendix, shall enter into force on 29th November 2021.

Appendix:

WITHDRAWAL FROM THE CONTRACT