WEBSHOP REGULATIONS

• § 1

GENERAL PROVISIONS

1. The www.arcadiaclinic.pl/en shop operates on the principles set out in these Rules and Regulations.
2. The Regulations define the terms and conditions of entering into and termination of Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Shop www.arcadia clinic.pl, the principles of providing these services, the terms and conditions of entering into and termination of agreements on the provision of services electronically.
3. Each Customer is obliged to comply with the provisions of these Regulations as soon as he or she starts to use the Electronic Services of the www.arcadiaclinic.pl/en shop.
4. In matters not covered by these Regulations the provisions shall apply:
   1. the Act on Electronic Service Provision of 18 July 2002,
   2. the Consumer Rights Act of 30 May 2014,
   3. act on out-of-court resolution of consumer disputes of 23 September 2016,
   4. civil Code Act of 23 April 1964 and other relevant provisions of Polish law.

• § 2

DEFINITIONS CONTAINED IN THE REGULATIONS

1. ORDER FORM – a form available on the website www.arcadiaclinic.pl/en allowing to place an Order.
2. CUSTOMER – a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
3. CONSUMER – a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
4. ENTERPRISER – a natural person, a legal person and an organizational unit which is not a legal person but to which the law grants legal capacity, conducting in its own name economic or professional activity.
5. PRODUCT – a movable item available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.
6. RULES – these rules of the Store.
7. SHOP – the online shop of the SERVICE provider operating at www.arcadiaclinic.pl/en
8. SELLER, SERVICE PR OVIDER –Marszal Sp. z o. o. Spółka Komandytowa ul. OJCOWSKA 27/— 32-045 WOLA KALINOWSKA MAŁOPOLSKIE, KRS: 0000840262, NIP: 5130265892, Regon: 386024056.
9. CONTRACT OF SALE – the contract of sale of the Product concluded between the Customer and the Seller through the Shop.
10. ORDER – Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
11. PRICE – the value expressed in monetary units which the Customer is obliged to pay to the Seller for the Product.

• § 3

INFORMATION REGARDING THE PRODUCTS AND THEIR ORDERING

1. The Shop www.arcadiaclinic.pl/enl sells Products via the Internet.
2. Products offered in the Shop are new, conform to the contract and have been legally introduced into the Polish market.
3. The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the conditions specified in its description.
4. The price of a Product shown on the Store’s website is given in Polish zlotys (PLN) and includes all components. The price does not include delivery costs.
5. Orders may be placed via the website using the Order Form (Shop www.arcadiaclinic.pl/en) – 24 hours a day, all year round.
6. The condition of placing an Order in the Shop by the Customer is reading the Rules and Regulations and accepting their provisions at the time of placing the Order.

• § 4

CONCLUSION OF THE SALES CONTRACT

1. In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order using the method made available by the Seller, in accordance with § 3 items 5 and 6 of the Terms and Conditions.
2. After placing an Order, the Seller shall immediately confirm its receipt.
3. Confirmation of receipt of the Order as referred to in point 2 of this paragraph binds the Customer to his Order. Confirmation of receipt of the Order takes place by sending an e-mail message.
4. The confirmation of receipt of the Order shall include:
   1. confirmation of all essential elements of the Order,
   2. withdrawal form,
   3. these Terms and Conditions including instructions on the right of withdrawal.
5. Upon receipt by the Customer of the e-mail message referred to in clause 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
6. Each Sales Contract will be confirmed by a proof of purchase, which will be attached to the Product.
   

• § 5

METHODS OF PAYMENT

1. The seller provides the following payment methods:
   1. payment through an electronic payment system.

1. In the case of payment via an electronic payment system, the Customer shall pay before the Order is processed. The electronic payment system makes it possible to pay by credit card or fast transfer from selected Polish banks.
2. The Customer is obliged to pay the price of the Sales Contract within 1 working day of its conclusion, unless the Sales Contract states otherwise.
3. The Product will be dispatched only after it has been paid for.

• § 6

COST, TIME AND MEANS OF DELIVERY OF THE PRODUCT

1. The Product delivery costs to be paid by the Customer are determined during the Ordering process.
2. The Product delivery period consists of the time taken to complete the Product and the time taken for the delivery of the Product by the carrier:
   1. the time for completion of the Products is up to 3 working days,
   2. the delivery of the Products which are movable items by the carrier takes place within the time declared by the carrier, i.e. up to 4 working days from the moment of sending the parcel (delivery takes place only on working days excluding Saturdays, Sundays and holidays).
3. The Products purchased in the Store are sent only within the territory of Poland via the Polish Post or a courier company.

• § 7

PRODUCT COMPLAINTS

1. Claim for non-conformity of the Product with the contract.
   1. The basis and scope of the Vendor’s liability towards the Customer who is a Consumer for non-compliance of the Product with the contract are set out in the Consumer Rights Act of 30 May 2014,
   2. the basis and scope of the Vendor’s liability towards the Customer who is an Entrepreneur on account of warranty are set out in the Civil Code Act of 23 April 1964,
   3. The Seller is responsible towards the Customer who is a Consumer for the lack of conformity of the Product with the agreement existing at the moment of delivery of the Product and revealed within 2 years from that moment, unless the term of usefulness of the Product specified by the Seller or persons acting on behalf of the Seller is longer,
   4. notification of the Product’s non-compliance with the agreement and filing an appropriate demand can be made via e-mail atadres:kontakt@arcadiaclinic.pl/en or in writing to the address: Marszal Sp. z o. o. Spółka Komandytowa ul. OJCOWSKA 27/— 32-045 WOLA KALINOWSKA MAŁOPOLSKIE
   5. in the above-mentioned written or electronic message, please provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of occurrence of the irregularity and your contact details. The information provided will considerably facilitate and accelerate examination of the complaint by the Seller,
   6. for the purpose of assessing irregularities and non-compliance of the Product with the agreement, the Consumer is obliged to make the Product available to the Seller and the Seller is obliged to collect it at his own expense,
   7. The Seller shall respond to the Client’s request immediately, no later than within 14 days from the date of complaint,
   8. in the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days from its submission is tantamount to accepting it,
   9. in connection with a justified complaint from a Customer who is a Consumer, the Seller accordingly:

1. covers the costs of repair or replacement and redelivery of the Product to the Customer,
2. reduces the price of the Product (the reduced price must be in the proportion of the price of the goods in conformity with the contract to the goods not in conformity with the contract) and returns the value of the reduced price to the Consumer at the latest within 14 days of receipt of the statement of price reduction from the Consumer,
3. in the event of withdrawal from the contract by the Consumer – the Seller shall return the price of the Product to the Consumer at the latest within 14 days of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller’s expense,

1. the response to the complaint shall be provided on paper or on another durable medium e.g. by e-mail or SMS.

• § 8

RIGHT OF WITHDRAWAL

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from the contract without giving reasons by making a statement to that effect within 14 days.
2. In the case of withdrawal from the agreement, the Sales Agreement is considered unconcluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to receive it immediately, but no later than 14 days from the day on which he or she withdrew from the agreement, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry.
3. In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: Marszal Sp. z o. o. Spółka Komandytowa ul. OJCOWSKA 27/— 32-045 WOLA KALINOWSKA MAŁOPOLSKIE
4. The Consumer shall be liable for diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the manner and timing of exercising the right of withdrawal and has not provided him with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer shall handle and inspect the Products only in the same manner as he would be able to do so in a stationary shop.
5. Subject to clauses 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product plus the costs of delivery using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the Consumer. Subject to point 7 of this paragraph, the reimbursement shall be made immediately and, at the latest, within 14 days of receipt by the Seller of the Seller’s statement of withdrawal from the Sales Agreement.
6. If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Shop, the Seller shall not be obliged to reimburse him the additional costs incurred by him.
7. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the reimbursement of the payment received from the Consumer until he receives the item back or provides evidence of its return, whichever event occurs first.
8. The Consumer withdrawing from the Sales Contract, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
9. The 14-day period in which the Consumer may withdraw from the contract shall be calculated for the contract in the performance of which the Seller issues the Product being obliged to transfer its ownership – from the day on which the Consumer (or a third person indicated by him/her other than the carrier) took possession of the Product.
10. The right of withdrawal from a distance contract does not apply to the Consumer in the case of a Sales Agreement, inter alia, in which the subject of performance is a non-refabricated product, manufactured to the Consumer’s specification or serving to satisfy his/her individual needs.
11. Both the Seller and the Customer have the right to withdraw from the Sales Agreement in case the other party to the agreement fails to fulfil its obligation within a strictly specified period of time.

• § 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. Through the Shop, the Service Provider makes it possible to use Electronic Services such as concluding Product Sales Agreements.
2. Provision of Electronic Services to Customers in the Shop takes place under the conditions specified in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Shop’s website. Such content constitutes an integral part of the Shop and the materials presented therein.

• § 10

TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF E-SERVICE CONTRACTS

1. Provision of Electronic Services specified in § 9.1 of the Regulations by the Service Provider is free of charge.
2. The agreement for the provision of Electronic Services consisting in the placement of an Order in the Shop is concluded for a definite period of time and terminates at the moment of placing the Order or at the end of its placement by the Customer.
3. Technical requirements necessary for the cooperation with the tele-information system used by the Service Provider:
   1. computer (or mobile device) with access to the Internet,
   2. access to e-mail,
   3. web browser,
   4. enable Cookies and Javascript in the web browser.
4. The Customer is obliged to use the Shop in a manner consistent with the law and good manners, with due regard for the personal rights and intellectual property rights of third parties.
5. The Customer is obliged to enter data in accordance with the facts.

1. The Customer is prohibited from providing unlawful content.

• § 11

COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints regarding the provision of Electronic Services through the Store may be filed by the Customer via e-mail to the following address: kontakt@arcadiaclinic.pl/en
2. In the aforementioned e-mail message, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and expedite consideration of the complaint by the Service Provider.
3. The Service Provider shall consider the complaint immediately, no later than within 14 days from the date of notification.
4. The Service Provider’s response to the complaint shall be sent to the Client’s e-mail address specified in the complaint notification or in any other way specified by the Client
   

• § 12

FINAL PROVISIONS

1. Contracts concluded through the Shop are concluded in accordance with Polish law.
2. If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision.
3. Any disputes arising from Sales Agreements between the Shop and Consumers will be resolved first of all by way of negotiations, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes shall be settled by the competent common court, in accordance with point 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
5. ACustomer who is a Consumer also has the right to use out-of-court means of dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. The out-of-court settlement of claims after the complaint procedure is free of charge.
6. In order to resolve a dispute amicably, the consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.
7. Document produced using the automatic generator available at www.lexlab.pl/generator-regulaminu