TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE ONLINE STORE
ESCINEA.PL DATED 5 MAY 2021

I. Definitions.

The terms used in these Regulations mean:

1. Client – a natural person, legal person or organisational unit without legal personality, which has legal capacity under the law and places an Order via the Store.
2. Civil Code – the Polish Civil Code Act of 23 April 1964 (Dz.U. No. 16, item 93 as amended).
3. Consumer – an adult natural person with full legal capacity, making a purchase in the Store not directly related to their business or professional activity. (The provisions concerning the Consumer contained in these Regulations also apply to a natural person concluding a contract directly related to their business activity when the content of that contract indicates that it is not of a professional nature for that person, arising in particular from the subject of business activity made available under the CEIDG).
4. Cart – a list of Goods selected by the Buyer from those offered in the Store.
5. Buyer – both a Client and a Consumer.
6. Regulations – these Regulations for the provision of electronic services within the escinea.pl online store.
7. Online Store (Store) – the website available at www.escinea.pl, operated by ESCILAB Sp. z o.o., ul. Bukowa 15, 02-708 Warsaw, KRS: 0000493151, NIP: 5252577262, REGON: 147045448, through which the Client can place Orders.
8. Goods – products presented in the Online Store.
9. Sales Agreement – a sales contract for Goods within the meaning of the Civil Code, concluded between ESCILAB Sp. z o.o. and the Client, using the Online Store service.
10. Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.
11. Electronic Services Act – the Polish Act of 18 July 2002 on the provision of services by electronic means.
12. Order – the Client’s declaration of intent aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and quantity of Goods.

II. General Provisions

2.1. These Regulations define the rules for using the Online Store available at www.escinea.pl.

2.2. These Regulations are the regulations referred to in Article 8 of the Electronic Services Act.

2.3. The online Store operating at www.escinea.pl is run by ESCILAB Sp. z o.o. with its registered office in Warsaw.

2.4. These Regulations define in particular:

1. the rules for registering and using an account within the Online Store;
2. the terms and conditions for making electronic reservations of Goods available in the Online Store;
3. the terms and conditions for placing Orders via electronic means in the Online Store;
4. the rules for concluding Sales Agreements using services provided through the Online Store.

2.5. The use of the Online Store is possible provided that the IT system used by the Client meets the following minimal technical requirements:

1. A web browser such as Internet Explorer version 9 or newer (with JavaScript and cookies enabled), Mozilla Firefox version 27 or newer (with JavaScript and cookies enabled), Google Chrome version 33 or newer, or Safari for iOS.
2. A minimum screen resolution of 1024×768 pixels.

2.6. To use the Online Store, the Client should obtain access to a computer or end device with Internet access on their own.

2.7. In accordance with applicable law, ESCILAB Sp. In accordance with applicable law, ESCILAB Sp. z o.o., based in Warsaw, reserves the right to limit the provision of services via the Online Store to persons who are over 18 years old. In such a case, potential Clients will be informed of the above restriction

2.8. Clients may access these Regulations at any time via the link on the main page of the website www.escinea.pl, and may download it and print it out.

2.9. Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and usage parameters, and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code, and allow Clients to familiarize themselves with the main characteristics of the Goods before placing an Order.

2.10. The Store may change the assortment of offered Goods at any time.

2.11. (Reserved for future use or additional provisions.)

2.12. The store only sells Goods at retail.

2.13.The store does not sell prescription medicines by mail order.

2.14. The descriptions of Goods in the Store are for informational and identification purposes only. Before using the Goods, read the information on the packaging, including contraindications, information on side effects and dosage, and information on the use of the Goods, or consult your doctor or pharmacist, as any dietary supplement used improperly may be life-threatening and harmful to your health.

III. Rules of Using the Online Store

3.1. In order to begin using the Online Store, registration is required.

3.2. Registration is done by filling out and accepting the registration form provided on one of the Store’s pages.

3.3. A condition of registration is acceptance of the content of the Regulations and providing the personal data marked as mandatory, which are necessary to conclude and perform the Sales Agreement.

3.4. ESCILAB Sp. z o.o., based in Warsaw, may deprive a Client of the right to use the Online Store, as well as may limit their access to part or all of the Online Store’s resources with immediate effect, in the event that the Client violates the Regulations, and in particular if the Client:

1. provided, during registration in the Online Store, data that are untrue, inaccurate, not current, misleading or violating the rights of third parties,
2. committed an infringement of personal rights of third parties via the Online Store, in particular the personal rights of other Online Store clients,

engages in other behavior that will be recognized by ESCILAB Sp. z o.o., based in Warsaw, as behavior not in compliance with applicable law or general rules of using the Internet, or behavior that harms the good name of ESCILAB Sp. z o.o. (Warsaw).

3.5. A person who has been deprived of the right to use the Online Store may not re-register without prior consent from ESCILAB Sp. z o.o., based in Warsaw.

3.6. To ensure the security of message and data transmission in connection with the services provided within the Online Store, the Store takes appropriate technical and organizational measures proportionate to the level of threat to the security of the provided services, in particular measures to prevent the acquisition and modification of personal data sent via the Internet by unauthorized persons.

3.7. The Client is in particular obliged to:

1. not provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory, or violates the personal rights and other rights of third parties,
2. use the Online Store in a manner that does not disrupt its functioning, particularly through the use of specific software or devices,
3. refrain from actions such as sending or posting unsolicited commercial information (spam) within the Online Store,
4. use the Online Store in a way that is not burdensome for other clients and for ESCILAB Sp. z o.o., based in Warsaw,
5. use any content posted within the Online Store only for personal use,
6. use the Online Store in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Regulations, and with general principles of internet usage.

3.8. If a Client has registered an account in the Online Store, they must not share their password with third parties. The Online Store is not liable for orders placed by unauthorized third parties who have obtained access to the Client’s account due to the Client’s failure to observe proper caution in keeping their account password confidential.

IV. Procedure for Concluding a Sales Agreement

4.1. To conclude a Sales Agreement via the Online Store, the Client must go to the website www.escinea.pl, select the Goods, and perform subsequent technical steps based on the messages displayed to the Client and information available on the site.

4.2. The selection of Goods for purchase by the Client is made by adding them to the Cart.

4.3. The Buyer may order one or more Goods from those offered on the Site. If the Buyer intends to purchase a larger quantity of the same Good in one transaction, the Store reserves the right to refuse to execute the transaction if its execution is impossible due to limitations imposed by the manufacturer of that Good. The Buyer will be informed immediately after placing the Order of any quantity limitations for purchasing the same Good in a single transaction.

4.4. During the Order placement – until pressing the “Order” button – the Client has the possibility to modify the entered data and the selection of Goods. For this purpose, the Client should follow the messages displayed and information available on the site.

4.5. After the Client using the Online Store has provided all necessary data, an Order summary will be displayed. The Order summary will contain information on:

1. the subject of the Order,
2. he unit and total price of the ordered Goods, including delivery costs and any additional costs (if applicable),
3. the chosen payment method,
4. the chosen delivery method,
5. the delivery time.

4.6. In order to send the Order, it is necessary to accept the Regulations, provide personal data marked as mandatory, and press the “Order with obligation to pay” button. At the moment the Buyer confirms their Order, it is assumed that they have consciously accepted the subject and conditions of the Order, including their obligation to pay the price for placing the Order, the price, quantity, characteristics, and delivery time of the Goods offered by the Store and ordered by the Buyer.

4.7. Sending the Order by the Client constitutes a declaration of will to conclude a Sales Agreement with ESCILAB Sp. z o.o., based in Warsaw, according to the content of the Regulations.

4.8. After placing the Order, the Client will receive an email containing the final confirmation of all essential elements of the Order.

4.9. ESCILAB Sp.
z o.o. z siedzibą w Warszawie zastrzega sobie prawo odmowy sprzedaży Towarów, w przypadku, gdy Kupujący nabywa te Towary w celu dalszej odsprzedaży w ramach prowadzonej działalności gospodarczej.

4.10. The Agreement is considered concluded at the moment the Client receives the email referred to above in point 4.8.

4.11. The Store is not responsible for an incorrect email address or the failure to receive the emailed confirmation or shipment information due to causes on the Buyer’s side. In every case where the Buyer places an Order correctly, the sale will be considered effective.

4.12. The Sales Agreement is concluded in the Polish language, in accordance with Polish law, and with content consistent with these Regulations.

V. Delivery

5.1. Regular delivery of Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.

5.2. Delivery costs are added to the price of the Goods purchased and are listed separately on the sales document. The Shop may change the delivery options offered at any time, whereby the delivery method accepted by the Buyer at the time of placing the Order will be binding for the Sales Agreement concluded as a result of that Order.

5.3. Delivery of ordered Goods is carried out via DHL and DPD courier services, to pickup points operated by DHL, DPD and ORLEN Paczka, or via delivery to an InPost Parcel Locker. In the winter period, due to the possibility of freezing and damage to the Goods, the Parcel Locker delivery option will be disabled, as described in the “Cart” section. Additionally, delivery costs will be indicated at the time of placing the Order and are available on the website: www.escinea.pl.

5.4. Delivery is made to the address indicated by the Customer; the authorization of persons receiving the shipment at that address will not be verified. If delivery is impossible or hindered due to an incorrect address provided (or an address that has become incorrect) or because the delivery was not accepted at that address or not accepted promptly – the Customer bears responsibility for this.

5.5. The order dispatch time (meaning the time to hand the parcel over to the courier service or directly to the courier) is up to 7 business days from the day the Client places the Order.

5.6. The Buyer or the recipient of the Order should check the condition of the package and the Goods upon delivery. If the delivered parcel is clearly damaged (visible signs of spillage, significant denting, torn packaging, etc.), it is recommended to refuse acceptance. In such a case, the parcel will be immediately returned to the Seller for clarification of the matter and for re-delivery of the ordered Goods.

5.7. For courier deliveries, the contents of the package should always be checked in the presence of the courier. If damage or shortages are found, one should refuse to accept the package and immediately draw up a complaint report containing all reservations regarding the observed irregularity clearly and in detail, and send it to:

sklep@escinea.pl (the courier will have the report form).

5.8. For Parcel Locker deliveries, in case of finding damage or shortages, the package should be left in the locker. Next, the Shop should be informed immediately of the situation and all irregularities should be clearly described in an email sent to: sklep@escinea.pl.

5.9. At the explicit request of the Client, it is possible to deliver Goods to all EU countries and to non-European countries (Australia, Brazil, Hong Kong, Israel, Canada, New Zealand, United States). Detailed delivery rules will be determined by the terms of service of the carrier or postal service used. The Client bears all costs related to such delivery, including customs duties and other necessary fees.

VI. Prices and Payment Methods

6.1. The prices of Goods are given in Polish złoty (PLN) and include all components, excluding delivery costs; they include VAT (with the VAT rate indicated) and all other components and fees. Any change in the VAT rate will be automatically reflected in the prices of Goods offered by the Store.

6.2. The prices of Goods are the prices valid at the moment the Order is placed by the Buyer. The Store may change the prices of Goods at any time, whereby the prices accepted by the Buyer at the time of placing the Order will be binding for the Sales Agreement concluded as a result of that Order.

6.3. The Client can pay for their order:

1. by bank transfer to the account number: 71 1030 0019 0109 8503 0019 1831 (Citi Handlowy);
2. by payment via the Przelewy24 system;
3. by payment via PayPal

6.4. If any of the payment forms indicated in point 6.3 above is chosen, the Client bears the costs associated with it. hese costs include, in particular, fees and commissions charged to the Shop by the bank or payment operator, including currency conversion costs if the Customer does not make the payment to the currency account specified by the Shop. Such transaction costs are not the Shop’s revenue; they depend on the rates set by the entities providing the given service and constitute their revenue. f the Shop has to bear such costs, it may ask the Customer to make an appropriate additional payment, and the processing of the Order may be made conditional on such payment.

6.5. ayment by bank transfer should be made within 7 days from the date of placing the Order. If payment is not made within 3 days from the date of placing the Order, the Customer will receive a reminder email from the online Shop. If the Client does not make the payment for the Order within 7 days from the date of placing the Order, the Order will be canceled and the Client will receive an email with information about the cancellation of the Order.

6.8. All Orders are paid in Polish złoty (PLN).

6.9. The Shop has the right to suspend or cancel the fulfilment of an Order and/or delivery, regardless of the type and stage of execution, in the event of lack of payment or partial payment of amounts due from the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud related to the use of the Shop’s website. This also applies to future Orders.

6.10. Delivered Goods remain the property of ESCILAB Sp. z o.o., based in Warsaw, until full payment has been made.

6.11. In accordance with applicable law, ESCILAB Sp. z o.o., based in Warsaw, is not obliged to issue paper receipts.

6.12. By accepting these Terms and Conditions, the Customer consents to being provided with an invoice for their purchase for viewing and/or downloading in electronic form. The electronic invoice will be sent to the email address provided by the Customer when placing the Order, for the correctness of which the Customer is responsible. ESCILAB Sp. z o.o., based in Warsaw, will make every effort and use appropriate technical measures to ensure that the electronic invoice is provided in a secure manner. ESCILAB Sp. z o.o. is not responsible for the consequences of the Customer’s non-compliance with security guidelines and reserves the right to change the file format and method of providing the electronic invoice, as well as to introduce other technical changes in this regard.

VII. Right to Withdraw from the Agreement

A Buyer who is a Consumer has the right to withdraw from the Sales Agreement without giving any reason within fourteen (14) days from the day the shipment is delivered to them.

7.2. The deadline to withdraw from the Agreement expires after 14 days from the day of delivery of the parcel.

7.3. To exercise the right of withdrawal from the Agreement, the Consumer is obliged to inform the Shop of their decision to withdraw from this Agreement by an unequivocal statement (made by telephone, sent by mail or by email).

7.4. The Consumer may use the model withdrawal form, however it is not mandatory.

MODEL WITHDRAWAL FORM:

(Please fill out and return this form only if you wish to withdraw from the Agreement.)

– To: ESCILAB Sp. z o.o., ul. Bukowa 15, 02-708 Warsaw, Poland

– I/We(*) automatically inform you about my/our(*) withdrawal from the sales contract of the content(*) / delivery contract delivers the following items:

– Date of conclusion of the contract(*) / receipt(*)

– Name and surname of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is submitted on paper)

– Date

(*) Delete as not applicable.

7.5. To meet the withdrawal deadline, it is sufficient for the Consumer to send the information regarding the exercise of the right of withdrawal before the withdrawal period has expired. In the information about the withdrawal, it is recommended to provide additional details that will help identify the shipment.

7.6. The Goods must be returned in an unaltered state – not bearing signs of use – and in their original company packaging. The Customer is responsible for any reduction in the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish their nature, characteristics, and functioning.

7.7. The right of withdrawal cannot be exercised for purchased Goods that have been unsealed after delivery and which cannot be returned due to health protection or hygiene reasons. The Buyer is informed about the lack of possibility to withdraw from the purchase of products that have been unsealed and whose re-introduction for sale by the Shop would pose a risk in terms of hygiene and health protection for consumers.

7.8. In the event of withdrawal from this Agreement in accordance with the Regulations, the Store will refund all payments received, including the costs of delivering the Goods (with the exception of additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery method offered by the Store) promptly and in any case no later than 14 business days from the day on which the Store was informed about the exercise of the right of withdrawal from this Agreement. The Store may withhold the reimbursement of the aforementioned amount until it has received the Goods back or has been provided with proof of their return by the Consumer, whichever occurs first. The above provision does not apply to partial withdrawal from the Agreement (for selected Goods in the Order) in a case where delivery costs were charged at a flat rate and do not depend on the size of the delivery.

7.9. The direct cost of returning the Goods is borne by the Buyer.

7.10. If the Goods are returned to the Shop due to non-collection by the Buyer – without formally withdrawing from the contract – of a properly delivered product, all costs of delivery and return of the Goods are borne by the Buyer.

VIII. Complaints Regarding Goods

8.1. The Seller – pursuant to Article 558 §1 of the Civil Code – completely excludes liability to Customers who are not Consumers for physical and legal defects of the Goods (warranty). This exclusion does not apply to a natural person concluding a contract directly related to their business activity when it follows from the content of that contract that it does not have a professional character for that person (as per the subject of their business activity made available under the CEIDG regulations).

8.2. ESCILAB Sp. z o.o., based in Warsaw, as the seller, is liable to a Client who is a Consumer, within the meaning of Article 22[1] of the Civil Code, under the warranty for defects to the extent specified by the Civil Code, in particular in Article 556 as well as 556[1] – 556[3] of the Civil Code.

8.3. Complaints arising from the violation of Customer rights guaranteed by law or by these Terms should be directed to sklep@escinea.pl. ESCILAB Sp. z o.o., based in Warsaw, undertakes to consider each complaint, as far as possible, within 30 days, and if that is not possible, to inform the Customer within that period when the complaint will be addressed.

8.4. ESCILAB Sp. z o.o., based in Warsaw, informs that a Customer’s subjective impressions, such as matters of taste, do not indicate that a Good is defective within the meaning of the Civil Code’s warranty provisions.

IX. Complaints in the Provision of Electronic Services

9.1. ESCILAB Sp. z o.o., based in Warsaw, takes actions to ensure the correct functioning of the Store, to the extent resulting from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by Clients.

9.2. The Customer is obliged to immediately notify ESCILAB Sp. z o.o., based in Warsaw, of any irregularities or interruptions in the functioning of the online Shop service.

9.3. Any irregularities related to the functioning of the Shop can be reported by the Customer in writing to the address: ESCILAB Sp. z o.o., ul. Bukowa 15, 02-708 Warsaw, or via email to sklep@escinea.pl, or using the contact form available on the Shop’s website.

9.4. In a complaint regarding website service, the Customer should provide their name and surname, correspondence address, the type of problem and the date when it occurred in the functioning of the Shop.

9.5. ESCILAB Sp. z o.o., based in Warsaw, undertakes, as far as possible, to consider each complaint within 14 days, and if that is not possible, to inform the Client within that period when the complaint will be resolved.

X. Privacy Policy and Personal Data Security

10.1. The administrator of the personal data provided by Clients is ESCILAB Sp. z o.o., based in Warsaw.

10.2. The Store undertakes to protect personal data in accordance with applicable law in this regard, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

10.3. All information regarding the personal data administrator, the purposes of personal data processing, data recipients, the period for which data will be stored, and the rights of the data subject are specified in detail in the Privacy Policy available via the “Privacy Policy” link on the Online Store’s website. By accepting the Regulations, the Client simultaneously declares that they have read the above Privacy Policy and the information clause contained therein within the meaning of Article 13 of the Regulation (EU) 2016/679 of 27 April 2016 (GDPR).

XI. Final Provisions

11.1. Any potential disputes arising between ESCILAB Sp. z o.o., based in Warsaw, and a Client who is a Consumer within the meaning of Article 22[1] of the Civil Code will be resolved by the competent courts in accordance with the provisions of the Civil Procedure Code.

11.2. At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop service point for consumers and entrepreneurs seeking out-of-court resolution of disputes regarding contractual obligations from an online sales or service contract.

11.3. Any disputes arising between ESCILAB Sp. z o.o., based in Warsaw, and a Client who is not a Consumer within the meaning of Article 22[1] of the Civil Code will be subject to the court in Warsaw having jurisdiction over the seat of the Seller.

11.4. In matters not regulated by these Regulations, the provisions of the Polish Civil Code, the provisions of the Electronic Services Act, and other relevant provisions of Polish law shall apply.

11.5. The trademark ESCINEA®, as well as all graphic or non-graphic signs, illustrations, images, logos, and all content on the website www.escinea.pl, are and remain the exclusive property of ESCILAB Sp. z o.o., based in Warsaw, or the respective owner of intellectual property rights. Any full or partial reproduction, modification, or use of the above trademarks, illustrations, images, and logos or other content found on the aforementioned website, for any purpose and on any medium, without the express prior written consent of ESCILAB Sp. z o.o., based in Warsaw, or the respective intellectual property rights owner, is prohibited.

11.6. The content of the online Store, in particular the Store’s layout, content, graphics, logo, photos, as well as product descriptions, are legally protected. The Store does not consent to the copying of content owned by it without its prior written permission.