§ 1

Preliminary provisions

The Medical Hemp online Shop available at www.medicalhemp.pl, operated by POLFABION Spółka z o.o. sp.k. with registered office in Poznań entered into the National Court Register by the District Court in / for Poznań, Commercial Division of the National Court Register under KRS number 0000599686, with share capital of PLN 5000, NIP: 7792439122, REGON: 363646732

  1. These Regulations are addressed to Consumers and specify the rules and procedures for entering into a Distance Selling Agreement with the Consumer via the Shop.
  2. The Regulations are published on the website www.medicalhemp.pl and publicly available free of charge for Persons, in particular for Customers, in a way that facilitates their acquisition, reproduction, storage and recording in the ordinary course of activity by means of an ICT system that such a Person uses. The current version of the Regulations is available at: ul. Syta 114 W, 02-987 Warsaw.
  3. POLFABION Spółka z oo with registered office in Poznań at Ptasia 10, postal code: 61-316, with a NIP number: 7792439122, REGON: 363646732, is the owner of the Shop and is entitled to all the copyrights to the Shop, its elements such as the Shop’s software, graphics, including illustrative materials, photographs, compositions or page layout, databases , trademarks are protected by the provisions of the Act of 4 February 1994 on copyright and related rights (consolidated text) Official Journal from 2017 item 880, as amended.) And the Act of 16 April 1993 on Combating Unfair Competition (consolidated text. Official Journal of 2003.No. 153, item 1503, as amended). Any use of the above materials requires the prior consent of the President of the Management Board of Polfabion Sp. z o. o. expressed in writing under the pain of nullity.

§ 2

Definitions

  1. Medical Hemp or the Seller – the owner of the Shop referred to in §1 of the Regulations.
  2. Shop – online shop run by the Seller at www.medicalhemp.pl.
  3. Customer – a natural person with full or limited legal capacity, whereby a consent of a statutory representative is required for a person who does not have full legal capacity in accordance with Art. 17 of the Civil Code, as well as a legal person or an organizational unit without legal personality, the relevant provisions of which grant legal capacity, who places an order through the order form placed in the Shop.
  4. Consumer – a customer who is a natural person and who performs a legal action not related directly to their business or professional activity.
  5. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, granted legal capacity by a separate law, who performs business activities on their own behalf and uses the Shop.
  6. Contract concluded at a distance – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the shop), without simultaneous physical presence of parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
  7. Regulations – specification of the rules governing the Shop, including the rules of sale as part of an online shop using means of distance communication and providing services electronically, in the provision of which these Regulations comply with Article.8 of the Act of 18 July 2002 on the provision of electronic services.
  8. Order – Customer’s declaration of intent submitted via the Order Form and aiming directly at concluding a Product or Products Sales Agreement with the Seller.
  9. Account – Customer account in the shop; it contains data provided by the Customer and information about their orders placed in the shop.
  10. Registration form – a form available in the Shop for opening an Account.
  11. Order form – an interactive form available in the Shop for placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
  12. Shopping Cart – an element of the Shop’s software in which the Products selected for purchase are visible to the Customer, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  13. Product – goods in the Shop’s offer to be sold as part of the Shop.
  14. Sales Agreement – Product sales contract concluded between the Customer and the Seller via the Online Shop. The Sales Agreement also means – as appropriate with regard to Product features – a contract for the provision of services and a contract for specific work.

§ 3

Contacting the Shop

  1. Seller’s address: ul. Syta 114 W, 02-987, Warsaw
  2. Seller’s e-mail address: pomoc@medicalhemp.pl
  3. Seller’s telephone number: + 48 61 662 34 00
  4. Seller’s fax number: + 48 61 662 34 00
  5. Seller’s bank account number: Raiffeisen Bank Polska SA Branch in Poznań: 35 1750 1019 0000 0000 3839 5696
  6. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  7. The customer can contact the Seller on the phone between 09.00-16.00.

§ 4

Rules for the provision of services and technical requirements

  1. Medical Hemp provides the following services via the Shop:
    1. enabling customers to place orders for products available in the Shop and conclude Distance Selling Agreements,
    2. providing customers with functions in the Shop that enable them to gain access to the account and additional information about the Shop’s activities.
  2. The use of the Shop is possible after the Customer accepts these Regulations and after fulfilling other conditions referred to in the Regulations.
  3. Using the Shop, including viewing the Shop’s assortment and placing orders for Products, requires:
  4. a terminal device such as a computer, tablet or mobile phone with Internet access and a web browser
  5. active e-mail account,
  6. enabled cookies service,
  7. FlashPlayer installed.
  8. Information about Products in the Shop containing elements essential to conclude a contract, such as price, description, technical and functional parameters, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.The contract between Medical Hemp and the Customer is concluded upon the confirmation by Medical Hemp of acceptance of the order.

§ 5

General information

  1. The Seller, in the widest extent permitted by law, is not responsible for any disruptions including an interruption in the functioning of the Shop caused by force majeure, unlawful activities of third parties or incompatibility of the Shop with the technical infrastructure of the Customer.
  2. Browsing the Shop’s assortment does not require opening an Account.
  3. Placing orders for the Products in the Shop is possible either after opening an Account in accordance with the provisions of § 6 of the Regulations or by filling out the Order form and providing the necessary personal and address data enabling the Order to be completed without opening an Account.
  4. The Shop prices are listed in Polish zlotys and are gross prices (including VAT).
  5. The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Shop’s pages when placing orders, and while accepting the Sales Agreement.
  6. The total cost of the Order (ie the price of the Products together with the delivery costs) is indicated before the Customer places the Order.
  7. In the case of an Agreement for subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the contract period.
  8. When the nature of the subject of the Agreement does not allow for a reasonably assessed calculation of the final price in advance, information on how the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be provided in the Shop in the description of the Product.
  9. Providing illegal content by the Customer, as well as taking actions that may cause disruptions or damage to the Shop is forbidden.

§ 6

Opening an Account in the Shop

  1. Setting up an Account in the Shop requires completing the Registration Form available on the Shop website and accepting the Regulations.
  2. Opening an Account in the Shop is free of charge.
  3. After registration, the customer will receive their own login and password. The customer is obliged to maintain the confidentiality of the login and password for the account in the Shop.
  4. After registration the confirmation of registration will be sent to the e-mail address provided by the Customer.
  5. Logging in to the Account requires entering the login and password set in the Registration Form, or subsequently changed in the Customer account settings.
  6. After registration an account is created for the customer for an indefinite period. The Customer may at any time, without providing any reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via e-mail or to the address of the Medical Hemp office.

§ 7

The rules for placing orders

  1. Placing an order in the Shop is possible after registration in the Shop and opening an account or completing the order form and providing the necessary data to enable the implementation of the order without registering.
  2. Orders can be placed 24 hours a day, 7 days a week throughout the year, with the reservation that the Order is processed only on business days.
  3. In order to place an Order:
  4. log in or choose to place an Order without registration;
  5. choose the Product that is the subject of the Order;
  6. placing an Order without registration requires filling out the Order Form by entering the details of the order recipient and the address where the Product delivery is to be made, choosing the type of shipment (method of delivery of the Product), entering the invoice data if different from the recipient’s details,
  7. choose the delivery method;
  8. choose the payment method;
  9. click “Order and pay” or “Order and pay on delivery” – depending on the choice of payment method;
  10. in the case of placing an order without registration, it is possible to simply click the “Order and pay” button.
  11. Product orders constitute a two-stage process. After placing an order, the Customer receives a confirmation of placing the Order and payment details sent to the e-mail address provided in the Form, if the payment has not yet been made.
  12. All prices quoted in the Shop are gross prices, i.e. including VAT, listed in Polish zlotys (PLN), however the price of the Products does not include delivery costs.
  13. The price listed for each Product is binding upon the confirmation of the Order by Medical Hemp. Medical Hemp reserves the right to change prices, and to withdraw individual Products without prior notice. Price or offer changes do not apply to confirmed Orders which are already being processed. If the price listed by Medical Hemp is incorrect, the Customer will be informed about this fact by Medical Hemp before confirming the Order.
  14. The costs and forms of delivery (including packaging costs) of the ordered Product will be provided to the Customer each time before submitting the Order. When placing an Order, the Customer is obliged to choose one of the available forms of delivery of the Product, while accepting the associated costs, if applicable.
  15. The customer is obliged to provide complete and correct data indicated on the Order Form. Providing incomplete or incorrect data may result in the inability to process the Order by Medical Hemp. Medical Hemp is not responsible for non-delivery or delay in delivery of the Product to the widest extent permitted by law, if for the above reason, despite Medical Hemp and the company delivering the Product due diligence, it is impossible to deliver the Product or deliver it on time.
  16. The order will be accepted for processing provided that the Product is available at the time of the Order verification. In the event of a temporary unavailability of the Product, Medical Hemp may offer the Customer another method or other conditions of the contract. The acceptance of the Medical Hemp offer by the Customer is tantamount to confirmation of the Order.
  17. Confirmation of the Order by Medical Hemp is binding for both parties of the Sales Agreement thus concluded.
  18. The user may agree to receive information about the current Medical Hemp offer, including news, promotions and news.

§ 8

Delivery and payment method

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
  2. Postal package, postal collection,
  3. Courier shipment, courier delivery,
  4. The customer can use the following payment methods.
  5. Payment with cash on delivery;
  6. Payment by bank transfer to the Seller’s bank account;
  7. Electronic payments via electronic payment systems accepted by Medical Hemp;
  8. Payment with a payment card accepted by Medical Hemp;
  9. Detailed information on delivery methods and acceptable payment methods can be found on the Shop website

§ 9

Processing the order and performance of the sales contract

  1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Shop in accordance with § 7 of the Regulations.
  2. The order is processed immediately after the order is confirmed by Medical Hemp and after the payment is made if the Customer selects prepayment.
  3. Order receipt and its acceptance for processing will be confirmed via e-mail sent to the address provided at the time of placing the Order e-mail address, with at least the Seller’s statement about the receipt of the Order and its acceptance for implementation and confirmation of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  4. If the customer chooses:
  5. payment by bank transfer, electronic payment or payment by credit card – the Customer is obliged to make payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be cancelled.
  6. payment with cash on delivery – the Customer is obliged to make the payment upon delivery.
  7. The product will be sent by the Seller within the time specified in its description, in the manner chosen by the Customer when placing the Order.
  8. If you order Products with different delivery times, the latest one is the delivery date.
  9. In case of ordering Products with different delivery times, the Customer has the option to request delivery of either subsequent parts or the entire order.
  10. In the event of an extension of the contract period resulting from reasons beyond the control of Medical Hemp, it will immediately notify the Customer who will then be entitled to withdraw from the Sales Agreement.
  11. The Product description includes availability and possibly estimated delivery time, while taking into account the chosen method of payment and transport. The availability and delivery time of the Order is specified only for information purposes , in particular Medical Hemp will inform that the delivery period may be extended as a result of force majeure.In the event of a delay in delivery, Medical Hemp will, at the request of the Customer, intervene against the courier, supplier or postal operator, expecting to solve the problem in a satisfactory manner to the customer.
  12. The delivery of ordered Products is carried out only to recipients in Poland. Shipment of Goods outside Poland is possible after individual agreement between Medical Hemp and the Customer.
  13. The order is considered to be completed when the Customer acknowledges receipt of the Product.
  14. The order will be cancelled if the Customer fails to make the payment within 7 days from the date of placing the Order or after the delivery of the Product.

§ 10

The right to withdraw from the contract

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period of time specified in paragraph 1 begins with the delivery of the Product to the Consumer or another designated by person other than the courier.
  3. In case an Agreement includes many Products that are delivered separately, in batches or in parts, the timeline specified in paragraph 1 begins with the delivery of the last item, lot or part.
  4. In case an Agreement provides for regular delivery of Products for a specified period of time (subscription), the date referred to in paragraph 1 begins with taking possession of the first item.
  5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. Notice requirement is fulfilled when the Consumer sends such a statement before the period expiry.
  6. The statement may be sent via traditional mail, fax or e-mail by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website.The statement can also be submitted on the form, the model of which is attached as Annex 2 to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
  7. In the case of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.
  8. Effects of withdrawal from the Agreement:
  9. In the event of withdrawal from a distance Agreement, the Sales Agreement shall be deemed void.
  10. In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, refund all payments made by him, including the cost of delivering the item, except for additional costs resulting from the method of delivery selected by the Consumer other than the cheapest usual delivery method offered by the Seller.
  11. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution, which will not entail any costs on their part.
  12. The Seller may withhold the return of the payment until receiving the Product back or until receiving the proof of its return, whichever occurs first.
  13. The consumer should return the Product to the address of the Seller specified in these Regulations, immediately, not later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement.The deadline will be respected if the Consumer returns the Product before the expiry of the 14-day period.
  14. The product returned by the Consumer should be packed in a manner ensuring safe transport. The product should be returned with all accessories, equipment and documents attached to the Product to the Medical Hemp address indicated in the Order confirmation.
  15. The Consumer covers direct costs of returning the Product, including the cost of returning the Product which could not be sent back by regular mail due to the nature of the Product .
  16. The consumer is only liable for the decrease in the value of the Product resulting from such use of the product which was not necessary to establish the nature, characteristics and functioning of the Product.
  17. If the Product cannot not be sent back in regular mode by post due to the nature of the product, information about this, as well as the cost of returning the Product, will be included in the Product description in the Shop.
  18. The right to withdraw from a distance contract is not granted to the Consumer in relation to the Agreement in which the subject of the service is delivered in a sealed package, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after the delivery.
  19. The Customer may, with the consent of Medical Hemp, replace the purchased Product with another one offered in the Shop. The provisions on withdrawing from the Agreement apply to the procedure of exchange.
  20. The remaining issues are regulated in compliance with the Act of 30 May 2014 on consumer rights.

§ 11

Complaint and warranty

  1. The obligation of Medical Hemp is to provide a Product free from defects. Upon notice of defects or non-compliance of the Product with the contract, the Customer is obliged to inform Medical Hemp immediately.
  2. Complaints may be submitted in writing to the Medical Hemp address indicated in the Order confirmation or to the address of the registered office, and the warranty claims shall be sent to the address of the guarantor indicated on the warranty card attached to the Product.
  3. Medical Hemp does not accept shipments of the Product paid for on delivery.
  4. The Customer shall bear the shipping costs of the Product complained about, unless Medical Hemp considers the complaint.
  5. Medical Hemp reserves 14 days to analyse the complaint and inform the Customer about the course of action.
  6. In the case of a justified complaint, Medical Hemp undertakes to repair or replace the Product with a new one as soon as possible and to immediately refund shipping costs of the Product.
  7. Medical Hemp will make every effort to ensure that the information presented in the Shop is prepared as thoroughly as possible .Possible differences in appearance, including the color of the assortment presented in the Shop, which result from improper personal computer settings or the characteristics of the Customer’s equipment, are not subject to complaint.
  8. Medical Hemp does not grant any warranty on the Product.The product may be covered by a manufacturer’s or importer’s warranty; in this case, the warranty period and conditions depend on individual producers and products.
  9. The Consumer may use extrajudicial methods of handling complaints and redress.In order to pursue amicable settlement of disputes regarding online shopping, the Consumer may submit their complaint via, for example, the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/ .

§ 12

Extrajudicial handling of complaints and redress

  1. Detailed information on extrajudicial handling complaints and redress as well as regulations on access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorate of Business Inspectorates and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
  2. Presented below are examples of Consumer’s options
  3. extrajudicial handling complaints and redress:
  4. The consumer is entitled to submit their case to the permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection ( Official Journal. of 2014 item 148 as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
  5. The consumer is entitled to apply to the Provincial Inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Official Journal of 2014 item 148 as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
  6. The Consumer can obtain free assistance in resolving the dispute with the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers).

§ 13

Personal data protection. Privacy policy

  1. Personal data provided by customers are protected as personal data within the meaning of the Act29 August 1997 on the protection of personal data (i.e. Act of 2016 item 922).
  2. Medical Hemp, as the personal data controller, declares that the data provided by customers will be processed in accordance with the Regulations and the Privacy Policy attached to these Regulations.
  3. The User has the right to inspect their personal data, to correct them or remove them from the Shop’s database.
  4. Medical Hemp declares that electronic transactions are secured in accordance with applicable standards and laws.

§ 14

Technical failures

  1. Medical Hemp makes every effort to ensure proper and uninterrupted functioning of the Shop. Whenever a Technical Failure occurs, Medical Hemp will make every effort to minimize the negative effects of the event.
  2. Medical Hemp reserves the right to periodic technical breaks in order to minimize the risk of a Technical Failure. Medical Hemp undertakes that technical breaks are the least onerous for customers. To this end they are planned for night hours, as far as possible.
  3. Medical Hemp is not responsible for Technical Failures or other disruptions in the functioning of the Shop caused by force majeure, equipment failure, Customer’s action or interference by third parties.
  4. In the event of a Technical Failure, Medical Hemp is not responsible for loss or lost profits caused by the failure of the Shop,

§ 15

Complaints regarding the operation of the Website

  1. Any disruptions in the functioning of the Shop may be reported by customers in electronic form to the email address: pomoc@medicalhemp.pl or via the form available in the Shop.
  2. A complaint should contain:
    1. Name / Name and surname of the Customer
    2. Address of the Customer’s registered office / residence
    3. Subject of complaint
    4. Substantive and formal justification of the complaint
    5. User’s expectations regarding Medical Hemp.
  3. Complaints will be reviewed by Medical Hemp within 14 days from the date of submission. Medical Hemp reserves the right to leave complaints without review, if they result from ignoring the provisions of these Regulations.

§ 16

Final Provisions

  1. In the event of a change or cancellation, as a result of a final court decision, of any of the provisions of these Regulations, the remaining provisions shall remain in force and bind the Customer and Medical Hemp.
  2. These Regulations are introduced for an indefinite period.
  3. The law applicable to these Regulations is Polish law.
  4. In matters not covered by these Regulations, the provisions of the Civil Code apply.
  5. All questions and concerns should be sent in electronic form to the address: pomoc@medicalhemp.pl or via the form available in the Shop.