I. GENERAL INFORMATION
1. The entity running the online store operating at www.diabetyk24.pl is a company under the name 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: 7010259045, REGON: 142611096, with share capital in the amount of 1,340,500.00 PLN.
2. The store is an ICT platform that enables the conclusion of distance sales contracts as well as the provision of electronic services.
3. These Terms and Conditions are available free of charge at: https://diabetyk24.pl/regulamin, in a form that allows them to be obtained, saved, reproduced, and printed using the ICT system.
4. These Terms and Conditions should be read with the Portal Terms and Conditions available at: https://diabetyk24.pl/regulamin_portalu.
5. The User is entitled to use the Store 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:
a. 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,
b. content that violates the interests of third parties, generally accepted social norms or is inconsistent with generally applicable laws.
The terms and definitions used in the Terms and Conditions will have the following meanings:
Order Form - electronic service provided by Diabetyk24 as part of the Online Store, enabling the placement of an Order by filling in the electronic Form with the Customer's personal data;
NFZ Order Form - electronic service provided by Diabetyk24 as part of the Online Store, enabling the placement of a National Health Fund (NFZ) Order by filling in an electronic form with the Customer's personal data;
Customer - a natural person, legal person, and an organizational unit without legal personality, which has been granted legal capacity by law, purchasing products via the online store available at www.diabetyk24.pl;
Consumer - a natural person purchasing products via the Store for purposes not directly related to their business or professional activity;
Account - individual administration panel of the Service User available after registration and logging in to the Store, marked with a login and password, used for concluding sales contracts;
Buyer - Customer and Consumer together;
Product - an item sold via the Online Store;
Abbott Product - a reimbursed medical device distributed by Abbott Laboratories Poland sp.z o.o. based in Warsaw, sold by Diabetyk24 within a separate procedure described in point XI of the Terms and Conditions;
Reimbursed Products - products purchased by Customers in the Store covered by the Reimbursement System applicable in Poland;
Terms and Conditions - these terms and conditions informing about the obligations and rights of the Parties to the Contract;
Portal Terms and Conditions - terms and conditions specifying the rules for using the Website, available at: www.diabetyk24.pl;
Registration - the process of creating an Account on the Website by the User;
Website - a system of web pages 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 by mutual relations, intended, among other things, for communicating with Users and for selling products at a distance;
Store - an online store available at www.diabetyk24.pl;
Stationary Stores - shops run by Diabetyk24 in the form of points of stationary sale, the list of which is available at: www.diabetyk24.pl/nasze_sklepy;
Seller - 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 (hereinafter also referred to as: "Diabetyk24" , "Company");
Party - the party to the Contract is the Buyer or the Seller; in the case of Parties - it is understood as the Buyer together with the Seller;
Reimbursement System - legal provisions in force in Poland, in particular the Reimbursement Act - defining the rules and procedures for co-financing the purchase of medical devices applicable to the sales of Reimbursed Products in the Store;
Beneficiary - a Customer carrying out an order in the Store for the supply of medical products reimbursed by the National Health Fund (NFZ);
Health care Provider - Diabetyk24 carrying out actions in the field of supplying medical devices pursuant to Regulation No. 59/2016/DSOZ of the President of the National Health Fund of June 29, 2016 on the conditions for concluding and implementing contracts such as services for the supply of medical devices (NFZ.2016.59 of 2016.06.29);
Contract - a contract for the sale of a product concluded between the Seller and the Buyer via the Store;
Reimbursement Act - Act of 12 May 2011 on reimbursement of drugs, special purpose foods and medical devices (Journal of Laws of 2011, No. 122, item 696, as amended);
User - each entity using the online store available at www.diabetyk24.pl;
Medical Device - a product offered in the www.diabetyk24.pl store, constituting a medical device within the meaning of art. 2 clause 1 point 38 of the Act of May 20, 2010 on medical devices (Journal of Laws of 2010, No. 107, item 679, as amended);
Prescription Medical Devices - medical devices, the purchase of which in the Store is connected to the necessity for the Customer to have and submit a Prescription for a medical device which is a Reimbursed Product;
Purchase Order - an offer to conclude a sales contract submitted by the Buyer via the Store using the Order Form;
NFZ Purchase Order - an offer submitted by the Buyer via the Store to conclude a contract for the sale of Prescription Medical Devices, including Abbott Products;
NFZ Prescription - a prescription for the provision of a medical device drawn up on the applicable form - constituting the basis for supplying Customers with Prescription Medical Devices reimbursed by the National Health Fund, meeting the requirements of the currently applicable provisions of law.
III. ORDER WITH OR WITHOUT AN ACCOUNT
1. To place an Order for a Product in the Store, the Customer must complete the Order Form.
2. The Customer can place an Order using the Account, after logging in, or place an Order without having an Account.
3. For customers who have an Account - the Order Form is filled in automatically, without the need to enter the data and accept the information in the documents indicated below each time.
4. As for the Customers who do not have or do not use the Account in the process of placing the Order - the User will be each time required to complete the Order Form, i.e. enter and register their data and confirm that they have read the documents indicated in point 8 below.
5. Each Customer who places an Order is a Store User. Store Users can be natural persons who are 18 years old and have full legal capacity, and legal persons or organizational units that are not legal persons but have full legal capacity.
6. In order to create an Account, the Customer is obliged to register data in the ICT system of the Online Store. For this purpose, during registration, the Customer must enter a login, which is an email address, and a password, to access the system and the Account.
7. Placing Orders using the Account may be associated with additional benefits for the Customer, about which the Customer will be notified each time before completing the Order.
• name and surname or company name,
• exact address,
• phone number,
• e-mail address.
In the process of completing the Order Form, the User may consent to
the processing of Personal Data for marketing purposes and order the
Newsletter by ticking the appropriate checkbox.
In the process of completing the Order Form including Abbott Products - the User may, by checking the appropriate checkbox, consent to the processing of data, which they provided in the registration process, by Abbott Laboratories Poland sp.z o.o. based in Warsaw.
10. In the process of completing the Order Form for Prescription Medical Devices - the User must consent to the processing of his personal data included in the NFZ Prescription.
11. Entering the required data into the Order Form is voluntary, but necessary for the effective conclusion of the sales contract and the execution of the Order.
The Customer can buy with full payment the Medical Devices which are
subject to reimbursement in the Store, in accordance with the
Reimbursement Act, except for Abbott Products, which means that to such
Orders points IX and X of the Terms and Conditions do not apply.
IV. RECEIPT AND EXECUTION OF THE ORDER
1. The Store sells Products, the list of which is available on the www.diabetyk24.pl website.
2. Orders for Products may be placed via the online platform using the Order Form, by phone (phone number: +48 22 464 86 86) and by e-mail (e-mail address: email@example.com), except for the sale of Prescription Medical Devices and Abbott Products (section IX and X below).
3. Placing orders by phone takes place during a telephone conversation with an employee of the Store, which is being registered and during which the User is obliged to provide the data orally and express the consent specified in the Order Form, in the manner specified by the Store.
4. Placing orders via e-mail takes place at the initiative of the Customer by exchanging e-mail correspondence with an employee of the Store, in which the User is obliged to include all the data required to execute the order, in particular: name and surname, delivery address, telephone number for effective delivery by the courier company, and the products to be delivered as part of the order.
5. The prices of all the Products presented in the Store are gross prices, expressed in PLN. Prices do not include delivery costs.
7. Placing an order is tantamount to the obligation to pay the amount specified in the Order.
8. All Products available in the Store are brand new and free from physical and legal defects.
9. When placing an order, the Store User selects the Products to order, the delivery method, the delivery address, and the address to be written on the sales document, as well as the method and form of payment for the given Order.
10. The Order will not be accepted for execution (which is equivalent to its cancellation) if the Order Form contains incomplete data, about which the Customer will be immediately informed.
11. The order will be immediately transferred for execution, provided that the Product is available. When the Product is not available - the Customer immediately receives feedback about the approximate date of the Product's availability. In this case, the Customer has the right to withdraw from the Order, and Diabetyk24 is obliged to immediately, no later than 14 working days from the resignation, return the payment received from the Customer.
12. For each order placed in the Store a receipt is issued, or a VAT invoice at the Customer's request expressed in the Order Form. By accepting the Terms and Conditions, the Customer agrees for the VAT invoice to be issued without his signature. We send the sales document (receipt, VAT invoice, name invoice) in electronic form. An e-mail with the sales document (receipt, VAT invoice, name invoice) will be sent to you after the shipment from our online store.
13. After placing the Order and paying the amount indicated in the Order, the Customer receives an e-mail confirmation of the conclusion of the contract for the sale of the Products included in the Order, and further e-mails confirming the status of the Order.
14. Changes to the order can be made by the Customer until the beginning of its execution, that is, until the Products are handed over for shipment, about which he is informed by e-mail.
15. In order to make changes to the Order, it is necessary to contact the store by e-mail: firstname.lastname@example.org.
16. After the Products have been handed over for shipment - it is not possible to make changes to the Order.
17. In the event of cancellation of the Order for any reason, the Seller is obliged to refund the amount paid by the Customer, except when the Order has already been issued to the Customer.
V. Payment methods
Orders will be accepted once the amount is credited to the PayPal account of the Seller
VI. Shipping costs:
Goods shipped to EU countries by DHL courier services.
Shipping costs are in the range from €11 to €75 depending on the country of delivery.
Details on delivery costs can be found in the product card, in the shipping, courier.
International orders take 4 to 14 business days to deliver, depending on the country of destination.
Important: The store shall not be held liable for failure to deliver any goods or delays in delivery resulting from inaccurate shipping address provided by the customer.
VII. COMPLAINTS, WITHDRAWALS FROM THE CONTRACT AND RETURNS OF PRODUCTS
All issues related to complaints, withdrawals from the contract and returns of Products are included in the document entitled "Complaints and returns", constituting an appendix and an integral part of these Terms and Conditions, available at the following address: https://diabetic24.com/Complaints-and-returns-in-the-Online-Store.
VIII. PERSONAL DATA
1. The administrator of Customers' personal data is Diabetyk24 Sp. z o.o. (a limited liability company), with its headquarters in Warsaw, 28D Traktorzystów Street.
3. Before using the tools of the Online Store, the Customer is required to read this document.
IX. FINAL PROVISIONS
1. Information about the Products posted on the Store's website does not constitute a commercial offer within the meaning of the Civil Code. The information provided is only an invitation to start negotiations (pursuant to Art. 71 of the Civil Code). We reserve the right not to fulfill orders for important reasons.
2. All information on the Products comes from materials published and approved by manufacturers. The actual appearance of the Products may differ slightly from that shown on the website, e.g. due to different settings and quality of the monitor used by the Customer.
3. By placing an order in the Store, the Customer accepts the sales rules resulting from the above Terms and Conditions, which obliges him to comply with them.
4. If a particular provision of the Terms and Conditions turns out to be invalid or ineffective, the invalidity or ineffectiveness of this provision does not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. The Service Provider will make every effort to replace the invalid or ineffective provision with a new, legally effective provision.
5. The service provider reserves the right to amend the Terms and Conditions for important reasons, in particular: changes in the law, changes in payment and delivery methods, changes in the scope of payment or the form of Electronic Services provided - to the extent to which these changes affect the implementation of the provisions of the Terms and Conditions.
6. In matters not covered by the Terms and Conditions, the provisions of generally applicable law shall apply, in particular: the Civil Code, the Act on the provision of electronic services, the Act on consumer rights.
7. The competent court for any disputes arising from the Contract is the competent court in accordance with the relevant provisions of the Code of Civil Procedure.