Terms of service
I. MEDKA REGULATIONS - Introduction
1. These regulations, hereinafter referred to as the "Regulations", define the general conditions, basic principles and method of conducting sales made by the online store at www.medka.eu, hereinafter referred to as the "Online Store", to Customers, i.e. natural persons with full legal capacity, as well as legal persons or organizational units without legal personality, which are granted legal capacity by law.
2. The Online Store is run by Laura Sulewska, running a business under the name Medical Wear Laura Sulewska, based in Warsaw, ul. Nad Wilanówką 2, 02-993 Warszawa, NIP: 6392000043, REGON: 524117883, e-mail address: support@medka.eu, contact telephone number: +48733277705.
3. Acceptance of the Regulations is voluntary, but necessary to create an Account and/or for the Customer to place an Order. By placing an Order in the Online Store, the Customer declares that he has read the Regulations and accepts their terms in full.
4. Whenever the following phrases written with a capital letter are used in the further part of the Regulations, they should be understood in the meaning given below:
a. Price - gross value of the Goods specified in Polish zloty,
b. Business Day - one day from Monday to Friday, excluding public holidays,
c. Password - means a sequence of letters, digits or other characters selected by the Customer during registration in the Online Store, used to secure access to the Customer Account in the Online Store,
d. User - a natural person with full legal capacity, as well as a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Online Store.
e. Consumer - a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity, as well as a natural person using the Online Store in connection with activities related to his or her business activity, when the content of the concluded contract shows that the contract does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by such persons, made available on the basis of the provisions on the Central Registration and Information on Business,
f. Entrepreneur - a natural person, a legal person and an organizational unit without legal personality, to which the Act grants legal capacity, conducting business or professional activity on its own behalf and using the services of the Seller in direct connection with its business or professional activity,
g. Account - an individual panel, marked with an individual name (Login) and Password, allowing the Customer to use additional services offered by the Seller. The Customer gains access to the Account using Login and Password. The Customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer's address details for billing and shipping of Goods, tracking the status of the Order, access to the history of Orders and other services provided by the Seller,
h. Basket - a service made available to each Customer who uses the Online Store, which allows him to place an Order for one or more Goods, enter discount codes enabling a price reduction, display a summary of the Price of individual Goods and all Goods in total (including possible shipping costs),
i. Login - the Customer's e-mail address provided in the Online Store when creating the Account,
j. Newsletter - a service provided electronically, which enables all Customers using it to receive periodic information from the Seller, in particular about Products, new products and promotions, and news regarding the Seller, to the e-mail address provided by the Customer, with the express consent or at the express request of the Customer. The rules for providing Newsletter services are specified in the Regulations.
k. Previous lowest price - the lowest Price of a given Good that was valid in the period of 30 days before the introduction of the discount or, if a given Good is on sale for less than 30 days, the lowest Price of a given Good that was valid in the period from the date of availability of a given Good to the date of introduction of the discount
l. Goods - a movable item available in the Online Store offered by the Seller,
m. Digital content – data created and delivered in digital form,
n. Seller - Laura Sulewska running a business under the name Medical Wear Laura Sulewska based in Warsaw, ul. Nad Wilanówką 2, 02-993 Warszawa, NIP: 6392000043, REGON: 524117883, e-mail address: support@medka.eu, contact telephone number: +48733277705.
o. Sales agreement - a sales agreement within the meaning of the provisions of the Civil Code, regarding the sale of Goods by the Seller to the Customer for payment of the Price plus any additional fees, in particular shipping costs. The sales contract is concluded between the Customer and the Seller using means of distance communication, when the Customer pays the Price plus any additional fees, in particular shipping costs. The Sales Agreement specifies in particular the selected Goods, its main features, Price, shipping costs and other relevant conditions,
Mr. Agreement for the supply of Content or Digital Services - an agreement the subject of which is the provision of Content or Digital Services by the Seller.
q. Digital services - services enabling the Customer to produce, process and store data or access them in digital form, or a service enabling the shared use of data in digital form that has been sent or created by the Customer or another user of this service, or other forms of interaction using such data.
r. Order - the Customer's declaration of will expressing the direct will to conclude a Distance Sales Agreement, placed using means of distance communication, specifying the Goods for which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and execution of the Sales Agreement.
p. Gift Card - an electronic or physical individual identification code acquired or purchased by the Customer from its issuer, which is the Seller.
II. General provisions
1. All rights to the Online Store, including property and non-property copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as rights to patterns, forms and logos belong to the Seller, and they may be used only in the manner specified in the Regulations and with the exclusive prior consent of the Seller, granted in writing under pain of nullity.
2. The Online Store is made available by the Seller via the Internet as a resource of the ICT and IT system.
3. The Seller reserves the right to place advertising content regarding the offered goods as well as goods and services of third parties in the Online Store.
4. It is prohibited for Customers or third parties to use the Online Store to send unsolicited commercial information.
5. Using the Online Store means any activity of the Customer that leads to him becoming familiar with the content contained in the Online Store.
6. The Online Store may be used only on the terms and within the scope specified in the Regulations.
7. The Seller will make every effort to ensure that the Online Store can be used using all popular web browsers, operating systems, types of computers and types of Internet connections.
8. In order to place an Order in the Online Store and to use the services available by the Seller, the Customer must have an active e-mail account.
9. The Customer is entitled to use the resources of the Online Store only for his or her own use. It is not permissible to use the resources and functions of the Online Store for the purpose of conducting commercial activities by the Customer or activities that would violate the interests of the Seller.
10. The information provided in the Online Store does not constitute an offer within the meaning of the provisions of the Civil Code. They constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
11. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned threats, in particular use anti-virus programs and programs to protect the identity of Internet users.
12. The Seller creates and implements protection against unauthorized use, reproduction or distribution of the content contained in the Online Store. If the Seller uses the above security measures, Customers undertake to refrain from any actions aimed at removing or circumventing such security measures or solutions.
13. In the event of a Price reduction, the Seller provides information about the Previous Lowest Price next to the information about the reduced Price.
14. The Seller does not adjust prices individually, which means that the prices visible in the store are the same for each User.
15. Opinions visible on the Goods are not verified by the Seller regarding their origin from entities who actually used the Goods or purchased them.
III. Customer Account.
1. Each Customer is entitled to create and use an Account. Upon creating an Account, the Customer concludes an Agreement for the provision of Content or Digital Services with the seller.
2. In order to create an Account, the Customer is obliged to register. Registration is not necessary for Customers to place Orders in the Online Store.
3. To use the Account properly, it is necessary to enable cookies in your web browser. Cookies are used to maintain the session of the person using the Store, hereinafter referred to as the "User", after logging in to the Account. It is then possible to delete them using appropriate options available in the web browser or using other software.
4. In order to register, the Customer should complete the registration form provided by the Seller in the Online Store and then send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form.
5. The registration form is completed in accordance with the following rules:
a. The customer should complete all fields of the registration form, unless the field is marked as optional,
b. the information entered in the registration form should concern only the Client and be true, with the Client being the person responsible for the accuracy of the information entered in the registration form,
c. The Customer should read and confirm that he/she has read the Regulations by checking the appropriate field on the registration form,
d. The customer should read the privacy policy by checking the appropriate box on the registration form,
e. If you consent to receiving commercial information, the Customer should mark the appropriate field in the form.
6. The Seller is not responsible for the Customer providing incorrect or false data.
7. After sending the completed registration form, the Customer immediately receives confirmation of registration by the Seller by e-mail to the e-mail address provided in the registration form. During registration, the Customer sets an individual Password. At this moment, the Agreement for the provision of Content or Digital Service, i.e. maintaining the Customer Account, is concluded, and the Customer gains the ability to access the Account, as well as supplement and change data, with the exception of the Login.
8. The Customer may delete the Account at any time and without giving a reason by sending a request to the Seller at the e-mail address support@medka.eu or in writing to the following address: Sklep Internetowy ul. Puławska 405a lok. 015, 02-801 Warsaw.
9. The Customer is obliged to make every effort to maintain confidentiality and not to disclose the Password to third parties. If there are circumstances indicating that the Password is in the possession of an unauthorized person, the Customer is obliged to immediately notify the Seller of this fact, using available means of communication. In such a situation, the Customer should immediately change the Password using the appropriate functionalities within the Customer Account.
IV. Placing Orders
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store under the conditions indicated below. The presentation of the Goods together with their regular price in the Online Store does not constitute an offer to purchase them within the meaning of the Civil Code, but only an invitation to conclude a Sales Agreement after the Seller accepts the Order placed by the Customer.
2. The Seller enables the Customer to place an Order via the Online Store in the following way:
a. The Customer adds the selected Product(s) to the Cart by selecting the "ADD TO CART" command and then proceeds to the Order form,
b. The Customer with an Account confirms the validity of the data necessary to conclude and implement the Sales Agreement in the Order form. A Customer who does not have an Account must independently complete the Order form with the data necessary to conclude and implement the Sales Agreement. In any case, providing outdated or false customer data may prevent the implementation of the Sales Agreement. In the Order form, the Customer must provide the following data regarding the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Goods, quantity of Goods, type, color and size of the Goods, place and method of delivery of the Goods, method of payment. In the case of Customers who are Entrepreneurs or Consumers conducting business activities, it is also necessary to provide the name and address of the company, and if they requested a VAT invoice in the form, also the NIP number - in accordance with Art. 106b section 5 of the VAT Act. As part of the development of Goods or services available in the Online Store, the Seller may introduce an obligation to provide other information regarding the Goods or the Customer in the content of the Order form or in another appropriate place,
c. The form is sent by activating the appropriate "BUY AND PAY" field in the Order form,
d. Each time before sending the Order to the Seller, the Customer is presented with a form containing the information specified in Art. 12 of the Act of May 30, 2014 on consumer rights, in particular such as the total price of selected Goods and the total cost of the selected delivery method,
e. When placing an Order, until the "BUY AND PAY" button is pressed, the Customer has the opportunity to independently correct the entered data in the "Cart" panel by adding or removing a given item from the Cart.
3. Placing an Order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the Order.
4. The Seller has the right to verify the placed Order via e-mail or telephone and to cancel it in cases justifying doubts as to the possibility of executing the Order.
5. After placing the Order, the Seller immediately sends confirmation of acceptance of the Order and commencement of its verification to the e-mail address provided by the Customer.
6. Based on the paid Order or one marked as "cash on delivery", the Seller verifies the availability of the Goods ordered by the Customer in the Online Store.
7. If the Seller does not receive the payment from the Customer who chose payment by transfer or electronic payment indicated in point V section 1 letter a) and b) of the Regulations, the Order is marked as "waiting for payment". The Seller may then contact the Customer to remind the Customer about the payment, including by sending a message to the e-mail address provided by the Customer. Failure to make payment within 7 days of placing the Order will result in non-acceptance of the offer submitted by the Customer as part of the Order.
8. If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment. Refusal to collect the Goods, despite an additional 7-day deadline, is a condition terminating the Sales Agreement.
9. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
10. If the ordered Goods are not available in the Online Store or it is impossible to complete the Order for other reasons, including when the purchase of goods from the Seller's suppliers is not possible within the time scheduled for the execution of the Order, the Seller will immediately inform the Customer about the circumstances by e-mail to the e-mail address provided by the Customer or by phone.
11. The Store reserves the right not to process Orders without providing a contact number where it will be possible to confirm the Order.
12. If the execution of the Order proves impossible, the Seller may propose to the Customer:
a. canceling the entire Order (selecting this option by the Customer releases the Seller from the obligation to complete the Order),
b. canceling the Order in the part in which its implementation is not possible within a reasonable time (selection of this option by the Customer releases the Seller from the execution of the Order to the extent that it is not possible),
c. dividing the Order and specifying the deadline for the execution of the Order in the part that is not initially possible (selecting this option by the Customer means that the delivery will be made in separate shipments, and the Customer will not incur additional delivery costs related to the division of the Order).
13. If it is not possible to accept the offers/s submitted under the Order, the Sales Agreement is not concluded and the Seller immediately, no later than within 14 days, returns the payments made by the Customer to the extent to which the Sales Agreement has not been concluded.
14. The final price binding on the parties to the Sales Agreement is the Price placed next to a given Good at the time of placing the Order by the Customer.
15. Prices posted for a given Good:
a. are gross prices (including VAT - if applicable) and are expressed in Polish zlotys,
b. they do not contain information on delivery costs, which the Customer will be informed about when choosing the delivery method,
c. they do not contain information on possible customs duties if the delivery address is outside Poland.
16. Information on the total value of the Order is determined after the Customer selects the form of delivery and payment in the last step of placing the Order.
17. In the event of a Price reduction, the Seller provides information about the Previous Lowest Price next to the information about the reduced Price.
V. Delivery and payment methods
1. The store sends parcels within Poland and selected European Union countries. Current information on delivery costs and carriers can be found at the following link: https://www.medka.eu/policies/shipping-policy#
2. The Customer may choose the following forms of payment for the ordered Goods:
a. bank transfer to the Seller's bank account (in this case, the execution of the Order will begin after the prepayment has been credited to the Seller's bank account),
b. transfer via the PayU payment system (in this case, the execution of the Order will begin after the prepayment has been credited to the Seller's bank account),
c. payment in cash on delivery (in this case, the execution of the Order and its shipment will begin after receiving confirmation of placing the Order by the Customer).
3. The Customer cannot pay for part of the Order in advance and for part of the Order upon delivery.
4. The deadline for sending the Goods to the Customer by the Seller is up to 3 Business Days, unless a longer deadline is specified in the description of the Goods or when placing the Order. The Seller is not liable for failure to deliver the Goods or their delivery time for reasons attributable to the Customer, in particular if they are caused by the Customer providing an incorrect or incorrect delivery address. In such a situation, the Seller will notify the Customer about the unsuccessful attempt to deliver the Goods.
5. The ordered Goods are delivered to the Customer via carriers indicated in the Online Store, to the address indicated in the Order form.
6. On the day the Goods are sent to the Customer, information confirming that the shipment has been sent by the Seller is sent to the Customer's e-mail address and/or text message.
7. The customer should examine the delivered shipment at the time and in the manner accepted for shipments of a given type, in the presence of the carrier. The customer has the right to request the carrier to prepare an appropriate report in the event of a loss or damage to the shipment. When the Online Store releases the Goods to the carrier, the benefits and burdens related to the Goods as well as the risk of accidental loss or damage to the Goods are transferred to the Customer who is an Entrepreneur. In such a case, the Online Store is not responsible for the loss, loss or damage of the Goods occurring from the time of accepting it for transport until its delivery to the Customer and for delays in the transportation of the shipment. If the Goods are sent to a Customer who is an Entrepreneur via a carrier, the Customer who is an Entrepreneur is obliged to examine the shipment at the time and in the manner adopted for shipments of this type. If he finds that the product was lost or damaged during transport, he is obliged to take all steps necessary to establish the carrier's liability.
8. The Seller sends to the e-mail address provided by the Customer, in accordance with the Customer's will, a VAT invoice covering the delivered Goods and the form referred to in point IV section. 2 letter d) Regulations. Thus, the Customer consents to the delivery of invoices in electronic form.
9. If the ordered Goods are returned to the Online Store by the carrier, the Seller will contact the Customer by e-mail or telephone, re-arranging the delivery date and cost with the Customer.
VI. Complaint
A General provisions
1. The Seller will respond to the Customer's complaint immediately, no later than within 14 days from the date of its receipt. If the Seller does not respond to this request within 14 days from the date of its receipt, it is considered that the request is justified.
2. The complaint should include: name and surname, e-mail address provided in the Order, date of purchase, transaction number, description of the situation to which the complaint relates or other circumstances justifying the complaint and the date of occurrence of the defect, as well as the Customer's request related to the complaint. If the data or information provided in the complaint require supplementation, before considering the complaint, the Seller asks the Customer submitting the complaint to supplement this data or information, specifying a deadline of not less than 7 days. and the scope of this supplement, with the instruction that failure to complete the complaint within the specified period will result in the complaint being left unrecognized. After the expiry of the deadline, the complaint will not be considered.
3. The submission of a complaint by the Consumer, as well as its failure to recognize or leave it unrecognized by the Seller, does not affect the Consumer's rights to pursue claims in court in accordance with applicable law.
4. Dirty goods cannot be the subject of a complaint. Clothes should be washed. Delivery of dirty Goods results in the rejection of the complaint. A defect in the Goods should be reported immediately after its detection. Using the Goods despite the defect leads to increased damage, making its repair impossible. Used goods are not subject to complaint.
5. The Customer who is a Consumer may use out-of-court methods of dealing with complaints and pursuing claims. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. In addition, the Customer who is a Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
a. The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement,
b. The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings regarding the out-of-court resolution of the dispute between the Consumer and the Seller,
c. The Consumer may obtain free assistance in resolving the dispute between the Consumer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers),
d. The consumer may submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court resolution of disputes that may arise between entrepreneurs and consumers.
6. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
B Lack of compliance of the Goods with the Sales Agreement
1. In the event of non-compliance of the Goods with the Sales Agreement, the Customer who is a Consumer has the rights specified in the provisions of the Consumer Rights Act.
2. The consumer may submit a complaint about the Goods in the event of non-compliance of the Goods with the Sales Agreement.
3. The Goods are deemed to be compliant with the Sales Agreement if, in particular, their description, type, quantity, quality, completeness and functionality and the Goods are consistent with the Sales Agreement:
a. is suitable for the purposes for which Goods of this type are usually used, taking into account applicable laws, technical standards or good practices;
b. occurs in such quantity and has such characteristics as are typical for goods of this type and which the Consumer can reasonably expect, taking into account the nature of the goods and public assurance made by the entrepreneur, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller:
3.b.i.did not know about the public assurance in question and, judging reasonably, could not have known about it,
3.b.ii.before concluding the Sales Agreement, the public assurance was corrected in accordance with the conditions and form in which the public assurance was submitted, or in a comparable manner,
3.b.iii. public assurance did not influence the Consumer's decision to conclude the Sales Agreement.
c. be supplied with accessories and instructions which the Consumer may reasonably expect to be supplied.
4. The Seller is not liable for the lack of compliance of the Goods with the Sales Agreement if the Consumer has been clearly informed that a specific feature of the Goods deviates from the requirements for compliance with the Agreement and, at the latest at the time of concluding the Sales Agreement, has expressly and separately accepted the lack of a specific feature of the Goods.
5. The Seller is liable for the lack of compliance of the Goods with the Sales Agreement existing at the time of its delivery and disclosed within two years from that moment. It is presumed that the lack of conformity of the Goods with the Sales Agreement, which became apparent within two years from the delivery of the Goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity with the Sales Agreement.
6. In the event of non-compliance of the Goods with the Sales Agreement, the Customer who is a Consumer may request its repair or replacement.
7. The Seller may make an exchange when the Consumer requests repair or the Seller may make a repair when the Consumer requests replacement, if bringing the Goods into compliance with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Goods into compliance with the Sales Agreement.
8. The Seller will repair or replace it within a reasonable time from the moment it was informed by the Consumer about the lack of compliance with the Sales Agreement, and without excessive inconvenience to the Consumer, taking into account the specificity of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement are borne by the Seller.
9. The Consumer is obliged to make the complained Goods available for repair or replacement at the Seller's expense.
10. The consumer is not obliged to pay for the normal use of the Goods that have subsequently been replaced.
11. If the Goods are inconsistent with the Sales Agreement, the Consumer may submit a declaration of price reduction or withdrawal from the Sales Agreement when:
a. The Seller refused to bring the Goods into compliance with the Sales Agreement;
b. bringing the Goods into compliance with turned out to be ineffective;
c. the lack of compliance of the Goods with the Sales Agreement is so important that it justifies an immediate reduction of the Price or withdrawal from the Sales Agreement;
d. it clearly follows from the Seller's statement or circumstances that he will not bring the Goods into compliance with the Sales Agreement within a reasonable time or without undue inconvenience to the Consumer.
12. The reduced price will remain in such proportion to the price of the Goods as the value of the Goods inconsistent with the Sales Agreement remains to the value of the Goods consistent with the Sales Agreement.
13. The Seller will refund the Consumer the amount due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of the price reduction.
14. The Consumer may not withdraw from the Sales Agreement if the non-compliance of the Goods with the Sales Agreement is immaterial. However, it is presumed that the non-compliance of the Goods with the Sales Agreement is significant.
15. The Consumer's right to withdraw from the Sales Agreement is limited to Goods that are inconsistent with the Sales Agreement, and not to the entire order.
16. In the event of withdrawal from the Sales Agreement, the Consumer referred to in the provisions above is obliged to immediately return the Goods to the Seller at his expense. The Seller is obliged to return the Price to the Consumer immediately, but no later than within 14 days from the date of receipt of the Goods or proof of its return.
17. Complaints are not subject to Goods with mechanical damage or resulting from lack of or incorrect maintenance.
C Complaints about Digital Content and Services
1. The Customer's complaint regarding problems with the Agreement for the supply of Content or Digital Services is also a request to bring the Content or Digital Service into compliance with the Agreement for the supply of Content or Digital Services.
2. Incompatibility of Digital Content and Services occurs when:
a. inconsistent with the Agreement for the supply of Content or Digital Services is their description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates,
b. they will not remain useful for the specific purpose for which they are needed by the Consumer, about which the Consumer notified the entrepreneur at the latest at the time of concluding the Agreement for the supply of Digital Content or Services and which the entrepreneur accepted,
c. it will not be suitable for the purposes for which the Digital Content or Digital Service of this type is normally used, taking into account applicable laws, technical standards or good practices,
d. they will not be present in such quantity and have such characteristics, including functionality, compatibility, availability, continuity and security, as are typical of the Digital Content or Digital Service of this type and which the Consumer can reasonably expect, taking into account the nature of the Digital Content or Digital Service and the public representations made by the trader, its legal predecessors or persons acting on its behalf, in particular in advertising or on the label, unless the trader demonstrates that:
2.d.i. did not know about the public assurance in question and, judging reasonably, could not have known about it,
2.d.ii. before concluding the Agreement for the supply of Content or Digital Services, the public assurance was corrected in accordance with the conditions and form in which the public assurance was submitted, or in a comparable manner,
2.d.iii. the public assurance did not influence the Consumer's decision to conclude an Agreement for the supply of Digital Content or Services;
e. they will not be supplied with accessories and instructions that the Consumer could reasonably expect to be provided,
f. they will not be compatible with the trial version or preview that was made available to the Consumer by the entrepreneur before concluding the Agreement for the supply of Content or Digital Services.
3. The Seller shall bring the advertised content or digital service into compliance with the Agreement for the Supply of Digital Content or Services within a reasonable time from the moment it is informed about the circumstances, without undue inconvenience to the Customer, taking into account the nature and purpose of the digital content or services for which they are used.
4. If the content or digital service is inconsistent with the Agreement, the User may submit a declaration of price reduction (in the case of paid Digital Services) or withdrawal from the Agreement for the supply of Content or Digital Services when:
a. compliance with the Agreement for the supply of Content or Digital Services is impossible or requires excessive costs;
b. bringing about compliance with the Agreement for the supply of Content or Digital Services turned out to be ineffective;
c. the lack of compliance of the Content or Digital Services with the Agreement for the supply of Content or Digital Services is so important that it justifies an immediate price reduction (in the case of paid Digital Services) or withdrawal from this Agreement;
d. it is clear from the Seller's statement or circumstances that it will not bring the digital content or services into compliance with the Agreement for the supply of Digital Content or Services within a reasonable time or without undue inconvenience to the Customer.
5. The seller is not responsible if the customer's digital environment is not compatible with the technical requirements.
VIII. Withdrawal from the Sales Agreement
1. A Customer who is a Consumer who has concluded a Distance Sales Agreement may, on time, thirty (30) days, counting from the date of receipt of the Goods, withdraw from the Sales Agreement without giving a reason by submitting to the Seller a declaration of withdrawal from the Sales Agreement. If the Goods were subject to a promotion, sale or price reduction, this period is shortened to fourteen (14) days. The declaration may also be submitted on the form provided by the Seller on the Store's website. The statement may be sent:
a. in writing to the following address: ul. Puławska 405a, 02-801 Warsaw;
b. in electronic form to the following address: support@medka.eu
2. The Seller shall immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the contract submitted in the form referred to in section. 1 letter b above.
3. The Seller is obliged to do so immediately, no later than within 14 business days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Agreement, return to the Consumer the payments made by him, including the costs of delivery of the Goods (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of return that is not binding.
at no cost to him. The seller does not accept cash on delivery shipments.
4. The first return of the Goods as part of the withdrawal from the Sales Agreement is free of charge - the costs of returning it are covered by the Seller, provided that the Consumer lives in the territory of the Republic of Poland. In the event of another return of the Goods for the same order (e.g. after an exchange), the costs of returning the Goods are borne by the Consumer. A customer making a purchase from a territory outside Poland bears the full costs of returning the Goods - also in the case of the first return.
In the event of a return from outside the European Union, the Consumer is also responsible for any customs duties or taxes associated with the return shipment.
5. In the event of effective withdrawal from the Sales Agreement, it is considered null and void.
6. The consumer is obliged to return the Goods immediately, but no later than thirty (30) days from the date of submitting the declaration of withdrawal from the Sales Agreement. In the case of Goods subject to promotion, sale or reduced price, this period is fourteen (14) days. To meet the deadline, it is sufficient to send the Goods before its expiry.
7. The Seller may withhold the refund of payments received from the Consumer until he receives the goods back or until the Consumer provides proof of sending them back, depending on which event occurs first.
8. The goods should be returned unchanged, unless the change was necessary within the ordinary course of business. The consumer is liable for any reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. The Consumer's liability may include, in particular, the inability to put the Goods on sale as full-value Goods, the costs of putting tags and security elements back on the Goods, as well as the costs of restoring the Goods to a condition enabling their re-introduction for sale in the Online Store, including the costs of examining the Goods by a specialist and the costs of removing defects identified as a result of such examination (to the extent that these defects result from the Consumer's use of the Goods in a way that goes beyond what is necessary to determine its nature, characteristics and functioning).
9. The right to withdraw from the Sales Agreement does not apply to Goods in which the subject of the service is an item delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery, e.g. underwear.
10. The right to withdraw from the Sales Agreement does not apply to Goods in which the subject of the service is non-prefabricated goods, manufactured according to the Consumer's specifications or serving to meet his individual needs.
11. If the Consumer exceeds the deadlines for withdrawal from the Sales Agreement, the Seller will send the returned Goods back to the Consumer at his expense.
12. A Customer who is an Entrepreneur is not entitled to withdraw from the Sales Agreement concluded with the Seller.
13. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is an Entrepreneur within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not create any claims on the part of the Customer who is an Entrepreneur against the Seller.
14. If the Consumer exceeds the deadlines for withdrawal from the Sales Agreement, the Seller will send the returned Product back to the Consumer at his expense.
X. Withdrawal from the Agreement for the supply of Content or Digital Services
1. The right to withdraw from an Agreement for the supply of Digital Content or Services concluded remotely does not apply to the Consumer in relation to Agreements for the supply of Digital Content that are not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawing from the Agreement for the supply of Content or Digital Services and after informing him by the Seller about the loss of the right to withdraw from the Agreement for the supply of Content or Digital Services.
2. The right to withdraw from an Agreement for the supply of Content or Digital Services concluded remotely does not apply to the Consumer in relation to Agreements for the supply of Digital Services if the entrepreneur has fully performed the Service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has provided the service, he or she will lose the right to withdraw from the Agreement for the supply of Content or Digital Services.
3. The moment of commencement of performance in the case of Content or Digital Services is deemed to be the moment of delivery to the Customer of an e-mail with instructions for downloading or gaining access to the Content or Digital Services, unless otherwise stated.
4. In order to meet the deadline for withdrawal from the Agreement for the supply of Content or Digital Services, it is sufficient for the Consumer to send the Seller information regarding the exercise of the Consumer's right to withdraw from the Agreement for the supply of Content or Digital Services before the deadline for withdrawal from this Agreement expires, e.g. by e-mail to the following address: support@medka.eu
5. In the case of paid Digital Services, if the request to start the provision of Digital Services took place before the deadline for withdrawing from the Agreement for the supply of Content or Digital Services, the Consumer is obliged to pay an amount proportional to the scope of services provided until the moment at which he informed the Seller about withdrawing from the Agreement for the supply of Content or Digital Services.
6. In order to meet the deadline for withdrawal from the Agreement for the supply of Content or Digital Services, it is sufficient for the Consumer to send the Seller information regarding the exercise of the Consumer's right to withdraw from the Agreement for the supply of Content or Digital Services before the deadline for withdrawal from the Agreement for the supply of Content or Digital Services expires, e.g. by e-mail to the following address: support@medka.eu
X. Procedure in the case of Customers who are not Consumers
1. A Customer who is not a Consumer is not entitled to withdraw from the Sales Agreement or the Agreement for the supply of Content or Digital Services.
2. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty towards the Customer who is not a Consumer is excluded.
3. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
4. With respect to Customers who are not Consumers, the Seller may change the Regulations at any time on the basis of generally applicable legal provisions.
IX. Warranty
1. The goods sold by the Seller may be covered by a warranty granted by the relevant manufacturer or distributor. If a warranty has been granted for the Goods, the detailed warranty conditions and its duration are provided in the warranty card issued by the guarantor, attached to the Goods.
2. The Seller does not provide any warranty for any Goods sold.
3. In the case of Goods covered by the distributor's or manufacturer's warranty, the Customer may complain about goods with defects:
a. using the rights resulting from the granted warranty. In such circumstances, the Customer is obliged to submit a complaint directly to the guarantor, the Seller is only an intermediary transmitting the submitted complaint. The Customer may, at his/her choice, contact the warranty service directly or the Seller,
b. using the rights of the Customer towards the Seller in connection with the non-compliance of the Goods with the Sales Agreement.
X Responsibility
1. The Store warns that there may be an interruption or disruption in the provision of electronic services and the provision of the Online Store website, which may be caused by:
a. modification, modernization, expansion or maintenance of the Seller's IT system or software,
b. force majeure, acts or omissions of third parties (actions independent of the Online Store).
2. The Store is liable for non-performance or improper performance of the Sales Agreement.
3. The Store is not responsible for the impossibility or difficulties in using the Online Store resulting from reasons solely attributable to the Customer, in particular for the Customer's loss of his Password or for third parties to come into possession of it (due to the Customer's fault). However, the Online Store is liable if the Customer loses his Password or obtains it by third parties for reasons attributable to the Online Store or for reasons for which the Online Store is responsible.
4. The Online Store is not liable for any damage caused by the actions or omissions of Customers, in particular for their use of the Online Store in a manner inconsistent with applicable law or the Regulations.
5. The sole source of the Online Store's obligations are these Regulations and mandatory provisions of law.
XI. Gift Card
1. The Gift Card is a means of payment that can only be used in the Online Store operated by the Seller. Gift Cards can be purchased and redeemed in accordance with the provisions of these Regulations.
2. The Gift Card is issued only in electronic form. The card is sent in PDF format to the e-mail address provided by the Customer when placing the order.",
3. Each Gift Card has a unique identification code. The code can only be used once in one purchase transaction. Once used, it becomes invalid, regardless of the unused value.
4. The Gift Card is valid for a period of 12 months from the date of its purchase. After this deadline, unused funds are lost and the Card becomes invalid.
5. Funds accumulated on the Gift Card cannot be exchanged for cash, in whole or in part.
6. The Gift Card is non-refundable.
7. If the value of the order exceeds the value of the Gift Card, the Customer is obliged to pay the difference using another available payment method offered by the Store.
8. Only one Gift Card code can be used during one purchase transaction. Codes cannot be combined or added up.
9. If the value of the order is lower than the value of the Gift Card, the unused amount is forfeited and is not refundable or further used in subsequent transactions.
10. The Gift Card is issued to a bearer. It can be completed by anyone with access to the unique code. The Seller is not responsible for the loss of the Card by the Customer and does not issue duplicates.
11. To redeem a Gift Card, add the selected products to the cart and enter the code assigned to the Gift Card in the appropriate field marked "discount code".
12. All complaints regarding purchases made using the Gift Card are considered in accordance with the complaint procedure described in these Regulations.
13. Withdrawal from the sales contract for Goods paid for with a Gift Card takes place in accordance with the rules described in the Regulations.
14. Amounts resulting from a recognized complaint or withdrawal from the sales contract, if the payment was made using a Gift Card, are refunded only in the form of re-loading the same Gift Card. This refund cannot be paid in cash or transferred to a bank account. Funds remain available until the expiry date originally assigned to the Card.
XII. Newsletter
1. In order to use the Newsletter service, the Customer should complete the form available in the Online Store by providing his e-mail address. You are not allowed to use an e-mail address that is used by another person.
2. The User is obliged to confirm the order of the Newsletter service by clicking the confirmation link sent to the e-mail address indicated in the form.
3. Providing an e-mail address by the Subscriber is necessary to provide the Newsletter service.
4. The Newsletter service is voluntary, free of charge and provided only after subscription.
5. The Newsletter service consists of periodic sending of content via e-mail and SMS messages regarding the Seller, its offer, news, products and brand. The Newsletter contains the Seller's commercial and marketing information. The Newsletter is sent periodically for an indefinite period of time until the Seller terminates the use of the service or the provision of the Newsletter service.
6. Resignation from the Newsletter Service is possible at any time by clicking on the deactivation link located in each e-mail message sent to the User as part of the Newsletter service or by sending the resignation to the e-mail address: support@medka.eu.
7. The Seller may unsubscribe from the Newsletter service at any time.
XIII. Final provisions
a.c.1. These regulations are valid from July 7, 2025.
a.c.2. In matters not regulated by these Regulations, the provisions of the Civil Code, the Consumer Rights Act and the relevant provisions of generally applicable law shall apply. The Regulations do not exclude or limit any rights of the Consumer that he is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory legal provisions, these provisions shall prevail. Provisions of Sales Agreements that are less favorable to the Consumer than the provisions of the Act on Consumer Rights are invalid and the provisions of this Act shall apply instead.
a.c.3. The Seller reserves the right to change the provisions of these Regulations in accordance with generally applicable law.
a.c.4. In the event of changes to the Regulations, the Seller will make the consolidated text of the Regulations available by publication in the Online Store. The change to the Regulations comes into force within 14 days from the date of publication of the new Regulations in the Online Store. In addition, the Seller will inform the Customer 14 days before the entry into force of the new Regulations about the amendment to the Regulations, via a message sent electronically containing a link to the text of the amended Regulations, to the e-mail address assigned to the Customer Account. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact within 14 days from the date of notification of the change in the Regulations, which results in the termination of the Agreement for the supply of Content or Digital Services.
a.c.5. Customers who purchased a given Good before the changes to the Regulations came into force are bound by the Regulations on the date of placing the Order.
a.c.6. Any disputes that may arise in connection with the Sales Agreement concluded between the Customer who is a Consumer and the Seller under the terms set out in the Regulations will be resolved by a competent common court. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.