1. GENERAL INFORMATION
1.1. These Terms and Conditions define the rules of using the Internet Portal operating at www.diabetyk24.pl ("Portal").
1.2. The portal is owned by Diabetyk24 sp.z o.o. based in Warsaw (02-495), Traktorzystów 28D street, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the KRS number: 0000365882, TAX ID no (NIP): 7010259045, REGON: 142611096, with share capital in the amount of 1,340,500.00 PLN.
1.3. Use of the Portal is based on the Portal Terms and Conditions. Before using the Portal, the User is obliged to read the Portal Terms and Conditions. By using the Portal in any way, the User confirms that he has read these Terms and Conditions, accepts their provisions, and undertakes to comply with them.
1.4. Portal Terms and Conditions apply to the Portal and to the particular services offered therein, unless the provisions of other agreements or regulations apply to these services, about which the User will be informed, especially when it comes to the Store Terms and Conditions.
1.5. Portal Terms and Conditions are available free of charge on the Portal, in a form that allows them to be obtained, saved, reproduced, and printed using the ICT system.
1.6. The User is entitled to use the Portal and the services it offers in a manner consistent with applicable law, principles of social coexistence and decency. The User undertakes not to introduce the following via the Store:
i. content causing disruptions in work or overloading the ICT systems of Diabetyk24 or other entities directly or indirectly participating in the provision of services by electronic means, including those that circumvent security or post content in places not intended for it, and use or install malicious software,
ii. content that violates the interests of third parties, generally accepted social norms or is inconsistent with generally applicable laws.
2. DEFINITIONS
The terms and definitions used in these Terms and Conditions will have the following meanings:
Administrator - Diabetyk24 Sp. z o.o. with headquarters in Warsaw (02-495), Traktorzystów 28D street, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the KRS number: 0000365882, Tax ID no (NIP): 7010259045, REGON: 142611096;
Cookies - text files saved by the User's browser on the hard drive of the User's computer;
Password - the password to access the Portal established by the User when logging in to the Portal for the first time;
Login - User name used to log in to the Portal;
Civil Code - Act of April 23, 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended);
Account - an account run for the User by the Administrator under a unique name (Login), which is a collection of resources in which the User's data and information about his activities within the Portal are collected;
Newsletter - a service provided electronically, consisting of Diabetyk24 sending electronic messages with marketing information to the e-mail address provided by the Customer;
Telecommunications law - Act of July 16, 2004 Telecommunications Law (Journal of Laws 2018.1954, i.e.);
Store Terms and Conditions - Terms and Conditions defining the rules for using the Online Store operating at www.diabetyk24.pl;
Portal Terms and Conditions - these terms and conditions of use of the Portal;
Registration - the process of creating an Account on the Portal by the User;
Portal - a system of websites available on an internet server at www.diabetyk24.pl, constituting a collection of static and dynamic documents containing graphic files, scripts and other elements connected with mutual relations, intended, among other things, for communicating with Users and for selling products at a distance;
Online Store - Online store run by Diabetyk24 with the use of Portal tools;
Services - Services provided by Diabetyk24 to Users by electronic means, i.e. services within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2016, item 1030 as amended);
Service Recipient - a natural person, legal person, and an organizational unit without legal personality, which has been granted legal capacity by law, using the services provided by Diabetyk24 as part of the Portal;
Service Provider - Diabetyk24 Sp. z o.o. with headquarters in Warsaw (02-495), Traktorzystów 28D street, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the KRS number: 0000365882, Tax ID no (NIP): 7010259045, REGON: 142611096;
User - each entity using the Portal and Portal tools, including the Online Store.
3. TYPES AND SCOPE OF SERVICES PROVIDED WITHIN THE PORTAL
3.1. Provision of electronic services, i.e. services within the meaning of the Act of July 18, 2002 on the provision of electronic services (i.e. Journal of Laws of 2016, item 1030 as amended), by the Service Provider is free of charge.
3.2. The Service Recipient may in particular use the following services:
i. an information service that allows you to view, read and save information available on the Portal, including the information regarding the offered products, the Company's activities, promotions, educational materials;
ii. Account management services which consist of enabling the Service Recipient to set up and use an individual Account;
iii. order form services which consist of enabling the placement of an order in the Online Store by filling in the appropriate forms;
iv. search engine service which enables searching for specific content on the www.diabetyk24.pl website;
v. Newsletter service which consists of the free delivery of electronic messages with information about the latest products offered by Diabetyk24, containing promotional, commercial, and educational information.
3.3. Entering into the contract for the provision of information services by electronic means takes place when the Service Recipient enters the www.diabetyk24.pl website or any subpage, and termination occurs when the Service Recipient leaves all pages.
3.4. In the case of services other than an information service, the contract for the provision of Services by electronic means is entered into when the Service Recipient starts using a given Service and is terminated when the Service Recipient ends the use of a given Service, unless the Portal Terms and Conditions state a different moment of entering into or ending the contract for the provision of the Service by electronic means.
3.5. Services indicated in paragraph 3.2. above are provided free of charge 24 hours a day, 7 days a week, except for the Newsletter, which is sent periodically.
4. NEWSLETTER
4.1. As part of the services provided electronically, the Service Provider enables Service Recipients to use the Newsletter service on the terms indicated below.
4.2. By ordering the Newsletter, the Service Recipient agrees to receive the information sent by Diabetyk24 in the form of an electronic letter (e-mail), to the provided e-mail address.
4.3. Ordering the Newsletter service means concluding a contract between the Service Recipient and Diabetyk24 for the provision of electronic services consisting of sending the Newsletter, and takes place through the following registration activities performed by the Service Recipient on the www.diabetyk24.pl website:
(i) entering the correct e-mail address of the Service Recipient in the "Order the Newsletter" form on the www.diabetyk24.pl website and clicking the "Subscribe" button or selecting the appropriate checkbox in the Account Registration Procedure corresponding to ordering the Newsletter;
(ii) reading these Terms and Conditions and accepting them;
(iii) logging in to the e-mail address provided in the form and confirming the correctness of the data provided and the fact of registration by clicking on the link confirming registration in the e-mail sent to the Service Recipient.
4.4. Clicking the link confirming the registration causes the e-mail address of the Service Recipient to be used from then on in the Newsletter service.
4.5. The Newsletter service is provided free of charge for an indefinite period, until the Service Recipient resigns from the Newsletter service or until the termination of the Newsletter service by Diabetyk24, which may occur at any time.
4.6. The Newsletter contains information about products and services offered by Diabetyk24 or entities cooperating with it, about current promotions, and other information about Diabetyk24 and entities cooperating with Diabetyk24, including opinions, news or discounts.
4.7. The contents of the Newsletter may be protected on the basis of the Act of February 4, 1994 on copyright and related rights or other provisions protecting intellectual property.
4.8. The Service Recipient may at any time, without giving any reason and at no cost, resign from the Newsletter service by clicking the link in the footer of each Newsletter, selecting the "unsubscribe" button in the sentence: "If you do not want to see further news and promotions, unsubscribe from the newsletter".
4.9. The discontinuation of sending information to the e-mail address provided is immediate and is signaled with a message confirming the operation.
5. ACCOUNT REGISTRATION PROCEDURE
5.1. The Registration process in the Portal takes place by creating an individual Account.
5.2. The Registration process in the Portal is voluntary and does not constitute a condition for using the Services offered by Diabetyk24 on the Portal.
5.3. Creating an Account on the Portal requires providing all the data enclosed in the Portal registration form, i.e. name and surname, address, e-mail address, telephone number, as well as submitting declarations indicated in the registration form, i.e. a declaration of reading the content and accepting the provisions of the Portal Terms and Conditions and the Privacy Policy.
5.4. In the Account Registration process, the User may select a Marketing Consent and may Order a Newsletter by selecting the appropriate checkbox.
5.5. During the registration process, the User is obliged to provide his real personal data.
5.6. The person entering the data is responsible for any consequences resulting from improper completion of the Portal forms, in particular when the User provides incorrect or untrue data.
5.7. Diabetyk24 is not responsible for third parties whose data has been entered in the application form without their knowledge and consent.
5.8. After completing the registration process, a confirmation of creating an Account will be sent to the e-mail address provided during the registration process.
6. RULES FOR USING THE PORTAL
6.1. The Portal contains content protected by the intellectual property law, in particular trademarks and other intangible assets subject to protection.
6.2. The User undertakes to use all the content presented on the Portal solely for his own use.
6.3. Diabetyk24 reserves the right to change the contents of the Portal at any time.
6.4. Diabetyk24 has the right to stop providing the Services at any time if such justified request is submitted to Diabetyk24 by the Internet provider or other authorized entity.
6.5. Diabetyk24 is not responsible for damages caused by a malfunction of the transmission system, including hardware failures, delays, and disruptions in transmission of information.
6.6. Diabetyk24 shall not be liable for the temporary suspension of access to the Portal for the period necessary to remove any threats or irregularities.
7. TECHNICAL REQUIREMENTS
7.1. In order to properly use the Portal and the Services, the User is obliged to have computer hardware and software that meets the following minimum requirements:
(i) access to the Internet (minimum connection 128 KB for the User);
(ii) having an e-mail account;
(iii) browser (Firefox version 2.0 or higher, Internet Explorer version 6.0 or higher), monitor with 1024x768 resolution, Java Script support enabled.
7.2. If the User uses hardware and software that does not meet the technical requirements set out above, Diabetyk24 does not guarantee the correct functioning of the Portal and reserves that this may have a negative impact on the quality of the Services provided.
8. PROTECTION OF PERSONAL DATA
8.1. The administrator of Users' personal data is Diabetyk24 Sp. z o.o. (limited liability company) with its headquarters in Warsaw, Traktorzystów 28D Street.
8.2. Personal data of the Portal Users will be processed by the Administrator for the purpose and to the extent necessary to implement the provisions of these Terms and Conditions. Detailed information on data processing is specified in the Privacy Policy available at: https://www.diabetyk24.pl/polityka-prywatnosci.
8.3. Before using the Portal's tools, the User is required to read the above document.
8.4. By accepting these Terms and Conditions, the User confirms that he has read and accepts the provisions of the Store Terms and Conditions, the Privacy Policy, and the Cookies Policy.
9. COPYRIGHT AND OTHER INTANGIBLE GOODS RIGHTS
9.1. All information, data and materials made available on the Portal (including, but not limited to, names, trademarks, logos, colors, photos, graphics, site layout, product descriptions, audio-video files, etc.) and any other intangible property rights related to the content of the Portal belong to Diabetyk24 or entities with whom Diabetyk24 has concluded appropriate agreements, and they are protected by copyright, trademark rights or other rights.
9.2. The use of the Portal (including its content) by the user does not constitute the acquisition of any intangible property rights, including copyrights.
9.3. The User may view and use these contents only within the scope of the permitted use specified by law. Except for cases specified by law, it is forbidden to copy, modify or transmit the Portal (in whole or in part) for commercial purposes and without the prior written consent of Diabetyk24. Copying and disseminating in any form and in any way the materials placed on the Portal, without the written consent of Diabetyk24 and beyond what is permitted by law, is prohibited.
10. TERMINATION OF SERVICE PROVISION AND COMPLAINTS
10.1. A continuous, indefinite contract for the provision of Electronic Services (e.g. keeping an Account in the Store) may be terminated.
10.2. The Service Recipient may terminate the contract with immediate effect and without giving any reasons by sending an appropriate statement via e-mail to the following address: sklep@diabetyk24.pl or in writing to the following address: Sklep Internetowy (Online Store) Diabetyk24.pl, ul. Traktorzystów 28D, 02-495, Warsaw.
10.3. In the case of Service Recipients who are also Consumers, the Service Provider may terminate the contract for the provision of Electronic Services if the Service Recipient objectively grossly or persistently violates the Terms and Conditions, in particular by providing illegal content, after at least one ineffective call to cease or remove violations, with an appropriate deadline. Violation of the Terms and Conditions must be of objective and unlawful nature. In such a case, the contract for the provision of Electronic Services expires after 14 days from the date of the Service Provider's submission of a declaration of will to terminate it (notice period).
10.4. In the case of Service Recipients who, at the same time, are not Consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving any reasons by sending the Service Recipient an appropriate statement.
10.5. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
10.6. All complaints regarding the provision of electronic services by Diabetyk24 should be sent by post to the address of the Diabetyk24 headquarters, i.e. Traktorzystów 28D, 02-495 Warsaw, or to the e-mail address: sklep@diabetyk24.pl, and should contain: name, surname, address, and a detailed description of the circumstances constituting the basis for the complaint.
10.7. Filed complaints will be considered within 14 working days from the date of receipt of the complaint, and the Service Recipients concerned will be informed about the way of its consideration by traditional mail or e-mail, respectively, depending on the form of filing the complaint.
11. FINAL PROVISIONS
11.1. The Portal Terms and Conditions may change, in particular in the event of a change in applicable law or a change in the scope of the Services offered.
11.2. The amended Portal Terms and Conditions will be posted on the Portal's pages along with information on the scope of changes and the effective date of amendments to the Terms and Conditions.
11.3. The User who does not consent to the amendments of the Portal Terms and Conditions will not be able to use the Services.
11.4. In matters not regulated in these Portal Terms and Conditions - the provisions of the Civil Code and other applicable law shall apply.
11.5. The Terms and Conditions enter into force on February 26, 2021.
