Terms and Conditions

Online shop medixanthol.com

terms and conditions

 

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. E-COMMERCE SERVICES
3. TERMS AND CONDITIONS OF THE SALES CONTRACT
4. METHODS AND DEADLINES FOR PRODUCT PAYMENT
5. COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT
6. PROCEDURE FOR DEALING WITH COMPLAINTS
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL AND OTHER CONTENT NOT COMPLYING WITH THE RULES
12. FINAL PROVISIONS
13. WITHDRAWAL FORM TEMPLATE

 

This Terms and conditions have been prepared by legal professionals of Prokonsumencki.pl.  Our online shop www.medixanthol.com cares about consumer rights. The consumer may not waive the rights granted under the Consumer Rights Act. Any contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers granted under mandatory provisions of law, and any possible doubts are to be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied.

 

1. GENERAL PROVISIONS

1.1.        The Online Shop available at www.medixanthol.com is operated by “MEDICANN” LIMITED LIABILITY COMPANY with its registered office in Warsaw (address: ul. Piękna 24/26A, 00-549 Warsaw); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000788762; registry court where the company’s documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register; share capital: PLN 10,000; NIP: 7010921142; REGON: 383137067, email address: sklep@medixanthol.com and contact phone number: 533888720.

1.2.        These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Shop, unless a specific provision states otherwise.

1.3.        The Seller is the administrator of personal data processed in the Online Shop in connection with the implementation of these Terms and Conditions. Personal data is processed for purposes, for the period, and based on the grounds and principles set out in the privacy policy published on the Online Shop’s website.

1.4.        Definitions:

1.4.1.        DIGITAL SERVICES ACT (DSA) – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)(Journal of Laws 277 dd 27.10.2022, p. 1–102).

1.4.2.        BUSINESS DAY – one day from Monday to Friday excluding public holidays.

1.4.3.        REGISTRATION FORM – a form available in the Online Shop enabling the creation of an Account.

1.4.4.        ORDER FORM – Electronic Service, an interactive form available in the Online Shop allowing for placing Orders.

1.4.5.        CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality which is granted legal capacity by law.

1.4.6.        CIVIL CODE – the Civil Code Act of 23 April 1964. (Dz.U. 1964 nr 16, item 93, as amended).

1.4.7.        ACCOUNT – Electronic Service, designated by an individual name (login) and password provided by the Service User.

1.4.8.        NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via email.

1.4.9.      ILLEGAL CONTENT – information that in itself or by reference to an activity is not in compliance with European Union law or the law of any Member State.

1.4.10.    PRODUCT – (1) a movable item (including movable items with digital elements), (2) digital content, (3) service (including digital and non-digital services), or (4) right being the subject of the Sales Contract between the Customer and the Seller.

1.4.11.    TERMS AND CONDITIONS – these Terms and Conditions of the Online Shop.

1.4.12.    ONLINE SHOP – the Service Provider’s online shop available at: www.medixanthol.com.

1.4.13.    SELLER; SERVICE PROVIDER – “MEDICANN” LIMITED LIABILITY COMPANY with its registered office in Warsaw (registered office and correspondence address: ul. Piękna 24/26A, 00-549 Warsaw); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000788762; registry court where the company’s documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register; share capital: PLN 10,000; NIP: 7010921142; REGON: 383137067, email address: sklep@medixanthol.com and contact phone number: 533888720.

1.4.14.    SALES CONTRACT – (1) contract for the sale of a Product (in the case of movable items and movable items with digital elements), (2) contract for the delivery of a Product (in the case of digital content or digital service), (3) contract for the provision or use of a Product (in the case of non-digital services and other Products) concluded or to be concluded between the Customer and the Seller through the Online Shop.

1.4.15.    ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User through the Online Shop and not being a Product.

1.4.16.    SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality which is granted legal capacity by law – using or intending to use the Electronic Service.

1.4.17.    CONSUMER RIGHTS ACT – the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended).

1.4.18.    ORDER – Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Contract with the Seller.

 

2. E-COMMERCE SERVICES

2.1.        The following Electronic Services are available in the Online Shop: Account, Order Form, and Newsletter.

2.1.1.        Account – using the Account is possible after completing two consecutive steps: (1) filling in the Registration Form, (2) clicking the “Register” field. The Registration Form requires the Service User to provide the following data: email address and password.

2.1.1.1.  The Account Electronic Service is provided free of charge for an indefinite period. The Service User may delete their Account at any time without giving a reason by sending a request to the Service Provider, particularly via email to: sklep@medixanthol.com or in writing to: ul. Piękna 24/26A, 00-549 Warsaw.

2.1.2.        Order Form – using the Order Form begins when the Customer adds the first Product to the electronic shopping cart. Placing an Order requires two consecutive steps: (1) filling in the Order Form and (2) clicking “Buy and Pay” after completing the Order Form. The Order Form requires the following Customer data: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and details regarding the Sales Contract: Product(s), quantity, delivery location and method, payment method. For non-consumer Customers, company name and VAT number are also required.

2.1.2.1.  The Order Form Electronic Service is provided free of charge and is one-time in nature. It terminates upon placing an Order through it or upon earlier discontinuation of the Order placement process by the Service User.

2.1.3.        Newsletter – using the Newsletter requires providing an email address in the “Newsletter” section and clicking “Subscribe.” Newsletter subscription is also possible when creating an Account by checking the appropriate checkbox.

2.1.3.1.  The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User may unsubscribe from the Newsletter at any time without giving a reason by sending an appropriate request to the Service Provider, particularly via email to: sklep@medixanthol.com or in writing to: ul. Piękna 24/26A, 00-549 Warsaw.

2.2.        Technical requirements for using the system: (1) computer, laptop, or other multimedia device with Internet access; (2) email access; (3) current version web browser: Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript in the web browser.

2.3.        The Service User is obliged to use the Online Shop in accordance with the law and good practices, respecting personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The Service User is required to provide data that is true and accurate. The Service User is prohibited from providing unlawful content, including Illegal Content.

2.4.        The complaint procedure regarding Electronic Services is specified in Section 6 of these Terms and Conditions.

 

3. TERMS AND CONDITIONS OF THE SALES CONTRACT

3.1.        Conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer places an Order using the Order Form.

3.2.        Product prices shown on the Online Shop website are in Polish zloty and include taxes. The Customer is informed of the total price including taxes, delivery costs (including transport, delivery, and postal services), and other costs during the Order placement process.

3.3.        The Sales Contract is concluded when the Seller confirms Order receipt and acceptance via email to the Customer’s provided email address.

3.3.1.      The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer submits an Order in the Online Shop in accordance with point 2.1.2 of these Terms and Conditions.

3.3.2.        After submitting the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of Order receipt and acceptance for processing is done by the Seller sending an appropriate email message to the Customer’s email address provided during Order placement. This email contains at least the Seller’s declarations of Order receipt and acceptance for processing, as well as confirmation of the Sales Contract conclusion. The Sales Contract between the Customer and the Seller is concluded upon the Customer’s receipt of the above email message.

3.4.        The recording, securing, and making available to the Customer of the contents of the concluded Sales Contract takes place through (1) making these Terms and Conditions available on the Online Shop website and (2) sending the Customer the email message referred to in point 3.3.2 of these Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the Seller’s Online Shop IT system.

 

4. METHODS AND DEADLINES FOR PRODUCT PAYMENT

4.1.        The Seller provides the following payment methods:

4.1.1.        Cash on delivery

4.1.2.        Bank transfer

4.1.3.        Installment payment

4.1.4.        Electronic payments and credit card payments via PayU.pl, tpay.pl, paypal.com – the current possible methods of payment are specified on the website of the Online Shop in the information section concerning the methods of payment as well as on the following websites https://www.payu.pl/, https://tpay.com/, https://www.paypal.com/pl/home.

4.1.4.1.    Electronic payment and credit card transaction processing is carried out according to the Customer’s choice. Electronic payment and credit card services are provided by:

4.1.4.1.1.      PayU.pl – PayU S.A. with its registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań; share capital PLN 7,789,000.00 fully paid up; NIP: 7792308495.

4.1.4.1.2.      tpay.pl – Krajowy Integrator Płatności S.A. with its registered office in Poznań (registered office address: pl. Andersa 3, 17th floor, 61-894 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000412357, registration files kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań; share capital PLN 5,494,980.00 fully paid up; NIP: 7773061579.

4.1.4.1.3.      PayPal – PayPal (Europe) S.à r.l. et Cie, S.C.A. with its registered office in Luxembourg (Luxembourg) (registered office address: 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg) company registered and operating under Luxembourg law (Commercial Register Number: R.C.S. Luxembourg B 118 349 / VAT Number: LU22046007).

4.1.5.        Installment payments – payment is made in whole or in part from funds from a loan granted by mBank Spółka Akcyjna (MBANK SPÓŁKA AKCYJNA with its registered office in Warsaw, ul. Prosta 18, 00-850 Warsaw, share capital PLN 169,539,536.00 (fully paid up), registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000025237, NIP: 5260215088, REGON: 001254524).

4.2.        Payment deadlines:

4.2.1.        For bank transfers and electronic/card payments: 7 calendar days from contract conclusion

4.2.2.        For cash on delivery: payment upon delivery

 

5. COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT

5.1.        Product delivery is available within the territory of the Republic of Poland.

5.2.       The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop in the information tab concerning delivery costs and during the placing of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

5.3.        Available delivery methods:

5.3.1.        Postal shipment (standard and cash on delivery).

5.3.2.       Courier shipment (standard and cash on delivery).

5.3.3.      Parcel locker delivery.

5.3.4.      Pallet shipment.

5.4.        The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the Product description or during Order placement. For Products with different delivery times, the delivery time is the longest specified period, which however cannot exceed 7 Business Days. The start of the Product delivery period to the Customer is calculated as follows:

5.4.1.      In case the Customer chooses payment by bank transfer, electronic payments, or card payment – from the day the Seller’s bank account or settlement account is credited.

5.4.2.    In case the Customer chooses cash on delivery payment – from the day of concluding the Sales Contract.

5.4.3.    In case the Customer chooses installment payment – from the day the Seller is notified by the credit provider about concluding the credit agreement with the Customer, but no later than from the day the Seller’s bank account is credited with funds from the credit granted to the Customer.

 

6. PROCEDURE FOR DEALING WITH COMPLAINTS

6.1.        This section outlines the complaint procedure applicable to all complaints submitted to the Seller, including complaints about Products, Sales Contracts, Electronic Services, and any other matters related to the Seller’s or Online Shop’s operations.

6.2.        You can submit your complaint through the following channels::

6.2.1.      By mail: ul. Piękna 24/26A, 00-549 Warsaw;

6.2.2.      By email: sklep@medixanthol.com.

6.3.        Products being returned as part of a complaint should be sent to: ul. Piękna 24/26A, 00-549 Warszawa.

6.4.        To help us process your complaint efficiently, please include:

• Description of the issue:
  • Type of problem encountered
  • Date when the issue occurred
  • Any relevant circumstances
• Your preferred resolution:
  • How you would like us to resolve the issue
  • Any specific requests or claims
• Your contact information:
  • Name
  • Email
  • Phone number (optional) Note: While including these details is recommended, complaints will still be valid and processed even if some information is missing.

6.5.      If your contact information changes while we’re processing your complaint, please notify us promptly to ensure we can reach you.

6.6.       Supporting Evidence:

• You may attach relevant evidence to support your complaint (e.g., photos, documents, or the Product itself)
• We may request additional information or evidence if it helps us process your complaint more efficiently

6.7.    We will respond to your complaint without undue delay, no later than 14 calendar days from receipt.

6.8.        The Seller’s statutory liability is determined by applicable laws, particularly:

• The Civil Code
• The Consumer Rights Act
• The Act on Electronic Services Provision of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended).

Additional information regarding the Seller’s liability for the conformity of the Product with the Sales Agreement, as provided by law, is indicated below:

6.8.1.        In the case of a complaint about a Product – a movable item – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until 31. December 2022, the provisions of the Civil Code in the wording in force until 31. December 2022, in particular Articles 556-576 of the Civil Code, shall determine. These provisions define in particular the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.

6.8.2.        In the case of a complaint about a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item which serves only as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023, the provisions of the Consumer Rights Act in the wording in force as of 1. January 2023, in particular Articles 43a – 43g of the Consumer Rights Act, are defined. These provisions determine, in particular, the basis and scope of the Seller’s liability towards the consumer if the Product does not comply with the Sales Agreement.

6.9.       

In addition to the statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be exercised if the Product in question is covered by the warranty. The guarantee may be provided by an entity other than the Seller (e.g. the manufacturer or distributor). Detailed terms and conditions of liability under the guarantee, including details of the entity responsible for implementing the guarantee and the entity entitled to make use of it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Vendor points out that in the case of non-conformity of the Product with the contract, the Customer is entitled by law to legal remedies on the part and at the expense of the Vendor and that the guarantee does not affect these legal remedies.

6.10.    The provisions of clause 6.8.2. of the Terms and Conditions regarding the consumer shall also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of this contract that it is not of a professional nature for this person, in particular resulting from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity (CEIDG).

 

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

7.1.        Out-of-court dispute resolution methods include (1) allowing the parties’ positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (conciliation court). Detailed information on the possibility for a Customer who is a consumer to make use of out-of-court ways of handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2.       There is a consumer contact point at the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3.       

The consumer has the following of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Inspectorate; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8 a.m. to 6 p.m., call charge as per operator’s tariff).

7.4. A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).       

 

8. RIGHT OF WITHDRAWAL

8.1.        A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in section 8.8. Sending the declaration before the deadline is sufficient to comply with it. The declaration of withdrawal can be made, for example:

8.1.1.       By mail: ul. Piękna 24/26A, 00-549 Warsaw;

8.1.2.     By email: sklep@medixanthol.com.

8.2.        The return of the Product – movables (including movables with digital elements) within the framework of the withdrawal from the contract may be done to the following address: ul. Piękna 24/26A, 00-549 Warszawa.

8.3.        A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in point. 13 of the Regulations. The consumer may use the sample form, but it is not obligatory.

8.4.        The withdrawal period shall begin:

8.4.1.        For contracts involving Product delivery: from the taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) involves multiple Products which are delivered separately, in batches or in parts – from the taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from the taking possession of the first Product;

8.4.2.        For other contracts: from the day of contract conclusion.

8.5.        In the case of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

8.6.        Products – movable items, including movables with digital elements:

8.6.1.      The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal, all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of the payment received from the consumer until it has received the Product back or the consumer has provided proof of its return, whichever event occurs first.

8.6.2.       

In the case of Products – movable items (including movable items with digital elements) – the consumer shall be obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which the Buyer has withdrawn from the agreement, or to hand it over to a person authorised by the Seller for collection, unless the Seller has offered to collect the Product himself. It is sufficient to send the Product back before the deadline.

8.6.3 The Consumer shall be liable for any diminution in the value of the Product – a movable item (including a movable item with digital elements) – resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.7.        Products – digital content or digital services:

8.7.1.      In the case of withdrawal from a contract for the supply of a Product – digital content or digital service – the Seller, from the date of receipt of the consumer’s statement of withdrawal, may not use content other than personal data supplied or created by the consumer during the use of the Product – digital content or digital service – supplied by the Seller, except content which: (1) are only useful in connection with the digital content or digital service that formed the subject matter of the contract; (2) relate exclusively to the consumer’s activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be extracted from them or can only be extracted with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. With the exception of the cases referred to in points (1)-(3) above.

The Seller shall, at the request of the consumer, make available to the consumer content other than personal data which has been provided or created by the consumer during the use of the digital content or digital service provided by the Seller. In the event of withdrawal, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which shall not affect the consumer’s rights referred to in the preceding sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.

8.7.2.        In the case of withdrawal from the contract for the supply of a Product – digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.

8.8.        Possible costs associated with a consumer’s withdrawal that the consumer is obliged to bear:

8.8.1.        In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a delivery method for the Product other than the cheapest ordinary delivery method available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.

8.8.2.       For Products – movable items (including movable items with digital elements) – the consumer shall bear the direct costs of returning the Product. For Products that cannot be sent back in the usual way by post (bulky items), the consumer may incur higher costs for sending them back, according to the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.

8.8.3.        In the case of a Product – service, the performance of which – at the express request of the consumer – has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be obliged to pay for the performance rendered until the withdrawal from the contract. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.

8.9.        The consumer’s right of withdrawal from a distance contract does not apply to contracts:

8.9.1.       

(1) for the supply of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the supply commences that after the Seller’s performance he will lose the right to withdraw from the contract, and has acknowledged it; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal; (3) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – which is non-refabricated, produced to the consumer’s specification or intended to meet the consumer’s individual needs; (4) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – which is perishable or has a short shelf life;

(5) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – which after delivery, due to its nature, is inseparably combined with other movable items, including movable items with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of urgent repair or maintenance; if the Seller provides in addition other services than those the consumer requested or supplies Products – movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right of withdrawal with regard to additional services or Products;

(9) in which the subject of performance is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer has explicitly requested the Seller to come to the consumer’s home for repair and the service has already been fully performed with the consumer’s explicit and prior consent.

8.10.   The consumer provisions contained in this Section 8 of the Terms and Conditions shall also apply for contracts concluded from 1 January 2021 onwards to a Customer or a Client who is a natural person concluding a contract directly related to his/her business activity, if it is evident from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity (CEiDG).

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This section 9 of the Terms and Conditions and all provisions contained herein are directed at and thus binding exclusively on Customers or Service Users who are not consumers, and from January 1, 2021, and for contracts concluded from that date, also not being a natural person entering into a contract directly related to their business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9.2. The Seller has the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may occur without stating a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller’s liability under warranty for the Product or lack of conformity of the Product with the Sales Contract is excluded.

9.4. The Seller will respond to complaints within 30 calendar days from the date of receipt.

9.5. The Seller has the right to limit available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.

9.6. The Service Provider may terminate the Electronic Service provision contract with immediate effect and without stating reasons by sending the Service User an appropriate declaration.

9.7. The Service Provider’s/Seller’s liability towards the Service User/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Contract, but not more than one thousand zlotys. The monetary limitation referred to in the preceding sentence applies to all claims directed by the Service User/Customer towards the Service Provider/Seller, including in cases where no Sales Contract has been concluded or claims unrelated to the Sales Contract. The Service Provider/Seller shall be liable towards the Service User/Customer only for typical damages foreseeable at the time of contract conclusion and shall not be liable for lost profits. The Seller shall also not be liable for delays in shipment transport.

9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service User shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. PRODUCT REVIEWS

10.1. The Seller enables its Customers to post and access reviews about Products and the Online Shop under the terms specified in this section of the Terms and Conditions.
10.2. Posting a review by the Customer is possible after using a form that enables adding a review about the Product or Online Shop. This form may be available directly on the Online Shop website (including through an external widget) or may be made available through an individual link received by the Customer after purchase at the email address provided by them. When adding a review, the Service User may also add a graphical rating or Product photo – if such option is available in the review form.
10.3. A Product review can only be posted for Products actually purchased in the Seller’s Online Shop and by the Customer who made the purchase of the reviewed Product. It is forbidden to enter into fictitious or apparent Sales Contracts for the purpose of posting a Product review. A review of the Online Shop may be posted by a person who is a Customer of the Online Shop.
10.4. Adding reviews by Customers may not be used for unlawful activities, in particular for acts constituting unfair competition, or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions, and good practices.
10.5. Reviews may be displayed directly on the Online Shop website (e.g., next to a given Product) or in an external review-collecting service with which the Seller cooperates and to which it links on the Online Shop website (including through an external widget placed on the Online Shop website).
10.6. The Seller ensures that published Product reviews come from its Customers who purchased the given Product. For this purpose, the Seller takes the following actions to verify whether the reviews come from its Customers:
10.6.1. Publishing a review submitted through a form available directly on the Online Shop website requires prior verification by the Seller. Verification consists of checking compliance with the Terms and Conditions, in particular verifying whether the reviewing person is a Customer of the Online Shop – in this case, the Seller checks whether this person made a purchase in the Online Shop, and in the case of a Product review, additionally checks whether they purchased the reviewed Product. Verification takes place without undue delay.
10.7. Any comments, appeals against review verification, or objections whether a given review comes from a Customer or whether a given Customer bought a given Product may be reported in a manner similar to the complaint procedure indicated in point 6 of the Terms and Conditions.
10.8. The Seller does not post or commission another person to post false Customer reviews or recommendations and does not distort Customer reviews or recommendations to promote its Products. The Seller provides access to both positive and negative reviews. The Seller does not provide sponsored reviews.

 

11. ILLEGAL AND OTHER CONTENT NOT COMPLYING WITH THE RULES

## 11. ILLEGAL AND OTHER CONTENT NOT COMPLYING WITH THE RULES

11.1. This section of the Terms and Conditions contains provisions resulting from the Digital Services Act regarding the Online Shop and the Service Provider. The Service User is generally not required to provide content while using the Online Shop unless the Terms and Conditions require specific data (e.g., data for placing an Order). The Service User may have the ability to add reviews or comments in the Online Shop using tools provided for this purpose by the Service Provider. In any case of content provision by the Service User, they are obliged to comply with the rules contained in the Terms and Conditions.

11.2. CONTACT POINT – The Service Provider designates the email address sklep@medixanthol.com as a single point of contact. The contact point enables direct communication between the Service Provider and Member State authorities, the European Commission, and the Digital Services Board, while simultaneously enabling service recipients (including Service Users) to communicate directly, quickly, and in a user-friendly manner with the Service Provider electronically for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English as languages for communication with its contact point.

11.3. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:

11.3.1. Any person or entity may report to the Service Provider the presence of specific information they consider to be Illegal Content by sending an email to sklep@medixanthol.com.

11.3.2. The report should be sufficiently precise and properly justified. For this purpose, the Service Provider enables and facilitates the submission of reports to the above email address containing all of the following elements: (1) a sufficiently justified explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling the identification of Illegal Content, according to the type of content and specific type of service; (3) the name and email address of the reporting person or entity, except for reports concerning information considered to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the reporting person or entity that the information and allegations contained therein are accurate and complete.

11.3.3. The above-mentioned report is considered to provide grounds for obtaining actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act regarding the information concerned if it enables the Service Provider acting with due diligence to determine – without detailed legal analysis – the illegal nature of the activity or information in question.

11.3.4. If the report contains electronic contact details of the reporting person or entity, the Service Provider shall, without undue delay, send such person or entity confirmation of receipt of the report. The Service Provider shall also notify such person or entity without undue delay of its decision regarding the information subject to the report, providing information about the possibilities of appealing against the decision taken.

11.3.5. The Service Provider reviews all reports received under the mechanism mentioned above and makes decisions regarding the information subject to the reports in a timely, non-arbitrary, and objective manner, with due diligence. If the Service Provider uses automated means for such review or decision-making, it includes information about this in the notification referred to in the previous point.

11.4. Information about restrictions that the Service Provider imposes in connection with the use of the Online Shop, regarding information provided by Service Users:

11.4.1. The Service User is subject to the following rules when providing any content within the Online Shop:

11.4.1.1. Obligation to use the Online Shop, including posting content (e.g., in reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with law and good practices, taking into account respect for personal rights and copyright and intellectual property rights of the Service Provider and third parties;

11.4.1.2. Obligation to provide content that is factually accurate and not misleading;

11.4.1.3. Prohibition on providing unlawful content, including Illegal Content;

11.4.1.4. Prohibition on sending unsolicited commercial information (spam) through the Online Shop;

11.4.1.5. Prohibition on providing content that violates commonly accepted netiquette principles, including vulgar or offensive content;

11.4.1.6. Obligation to possess – when necessary – all required rights and permissions to provide such content on the Online Shop website, particularly copyright or required licenses, permissions, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Shop and the right to use and distribute images or personal data in cases where content includes images or personal data of third parties.

11.4.1.7. Obligation to use the Online Shop in a manner that does not create security threats to the Service Provider’s IT system, the Online Shop, or third parties.

11.4.2. The Service Provider reserves the right to moderate content provided by Service Users to the Online Shop website. Moderation is conducted in good faith and with due diligence, either on the Service Provider’s own initiative or in response to received reports, to detect, identify and remove Illegal Content or other content non-compliant with the Terms and Conditions, or to prevent access to them or take necessary measures to meet European Union law requirements and national law compliant with European Union law, including requirements specified in the Digital Services Act, or requirements contained in the Terms and Conditions.

11.4.3. The moderation process may be conducted manually by a human or rely on automated or partially automated tools that help the Service Provider identify Illegal Content or other content non-compliant with the Terms and Conditions. After identifying such content, the Service Provider decides whether to remove or prevent access to the content or otherwise limit its visibility or take other actions it deems necessary (e.g., contact the Service User to clarify concerns and modify content). The Service Provider will clearly and comprehensibly inform the Service User who provided the content (if their contact details are available) about its decision, the reasons for making it, and available appeal options.

11.4.4. The Service Provider, in exercising its rights and obligations under the Digital Services Act, is required to act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including service recipients, particularly taking into account rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.

11.5. Any comments, complaints, claims, appeals, or objections regarding decisions or other actions or lack of actions taken by the Service Provider based on a received report or Service Provider’s decision made in accordance with the provisions of these Terms and Conditions may be reported in a manner similar to the complaint procedure indicated in point 6 of the Terms and Conditions. Using this procedure is free and enables filing complaints electronically to the provided email address. Using the complaint submission and handling procedure is without prejudice to the right of the person or entity to initiate court proceedings and does not violate their other rights.

11.6. The Service Provider reviews all comments, complaints, claims, appeals, or objections regarding decisions or other actions or lack of actions taken by the Service Provider based on a received report or decision made in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other submission contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to a report is unjustified or that the information subject to the complaint is not illegal and non-compliant with the Terms and Conditions, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or modify its decision regarding possible removal or prevention of access to content or otherwise limiting their visibility or take other actions it deems necessary.

11.7. Service Users, persons, or entities that have reported Illegal Content to which the Service Provider’s decisions regarding Illegal Content or content non-compliant with the Terms and Conditions are addressed have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of the member state to resolve disputes concerning these decisions, including in relation to complaints that have not been resolved within the Service Provider’s internal complaint handling system.

12. FINAL PROVISIONS

## 12. FINAL PROVISIONS

12.1. Contracts concluded through the Online Shop are concluded in Polish.

12.2. Modification of Terms and Conditions:

12.2.1. The Service Provider reserves the right to make changes to these Terms and Conditions for important reasons, namely: changes in law; changes in payment methods or delivery terms, compliance with legal or regulatory obligations; changes in the scope or form of provided Electronic Services; addition of new Electronic Services; the need to counter unforeseen and immediate threats related to protecting the Online Shop, including Electronic Services and Service Users/Customers against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of provisions of these Terms and Conditions.

12.2.2. Notification of proposed changes is sent at least 15 days before the date these changes come into effect, with the provision that changes may be introduced without observing the 15-day notification period in cases where the Service Provider: (1) is subject to a legal or regulatory obligation requiring changes to the Terms and Conditions in a way that makes it impossible to maintain the 15-day notification period; or (2) must exceptionally change its Terms and Conditions to counter an unforeseen and immediate threat related to protecting the Online Shop, including Electronic Services and Service Users/Customers against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases mentioned in the previous sentence, changes are implemented with immediate effect, unless it is possible or necessary to apply a longer implementation period, of which the Service Provider shall notify in each case.

12.2.3. For contracts of a continuous nature (e.g., provision of Electronic Service – Account), the Service User has the right to terminate the contract with the Service Provider before the expiry of the notification period for proposed changes. Such termination becomes effective within 15 days from the date of receiving the notification. In the case of a continuous contract, the modified Terms and Conditions bind the Service User if they were properly notified of the changes, in accordance with the notification period before their implementation, and did not terminate the contract during this period. Additionally, at any time after receiving notification of changes, the Service User may accept the introduced changes and thus waive the remainder of the notification period. For contracts other than continuous contracts, changes to the Terms and Conditions will not in any way violate the rights acquired by the Service User before the changes come into effect, in particular, the changes will not affect Orders being placed or already placed and Sales Contracts concluded, being fulfilled, or completed.

12.2.4. If the change to the Terms and Conditions would result in the introduction of any new fees or an increase in current ones, the consumer has the right to withdraw from the contract.

12.3. The Seller, as equipment distributor within the meaning of Article 4(2) of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment, provides the following information:

12.3.1. It is prohibited to dispose of waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The holder of waste equipment from households is obliged to transfer it to a waste equipment collector or entity authorized to collect waste equipment.

12.3.2. The Seller is obliged to accept waste equipment from households free of charge at its points of sale, provided that the waste equipment is of the same type and performed the same functions as the equipment being sold.

12.3.3. When delivering equipment intended for households to the Customer, the Seller is obliged to accept waste equipment from households free of charge at the place of delivery of this equipment, provided that the waste equipment is of the same type and performed the same functions as the delivered equipment. The intention to transfer waste equipment to the Seller in the above-mentioned case should be reported electronically via email to: sklep@medixanthol.com.

12.3.4. Waste equipment transferred to the Seller should be complete and properly prepared for shipment in a way that enables its safe transport. The Seller has the right to refuse acceptance of waste equipment if, due to its contamination, it poses a threat to the health or life of the Seller or persons authorized to accept waste equipment.

12.3.5. Information about example collection points for waste equipment throughout the country is available after using the search engine in the register of entities – BDO at the internet address: https://rejestr-bdo.mos.gov.pl/.

12.4. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of 18 July 2002; the Consumer Rights Act; and other relevant provisions of generally applicable law.

13. WITHDRAWAL FORM TEMPLATE
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)

Withdrawal form template
(please complete and return this form only if you wish to withdraw from the contract)

–    To:

„MEDICANN” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Piękna 24/26A, 00-549 Warszawa
medixanthol.com
sklep@medixanthol.com

–    I/We (*) hereby give notice of my/our (*) withdrawal from the contract of sale of the following items (*) / contract for work consisting in the manufacture of the following goods (*)/contract for the provision of the following service (*)

 

–    Date of contract conclusion/receipt (*)

–    Name of consumer(s)

–    Address of consumer(s)

–   Signature of consumer(s) (only if the form is submitted in paper version)

–    Date

(*) Delete as appropriate.