TERMS AND CONDITIONS OF THE AESTHETICPHARMA.COM ONLINE STORE FOR ENTREPRENEURS
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS OF SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR PRODUCTS
5. COST, METHODS, AND DELIVERY TIME
6. PRODUCT COMPLAINTS
7. ADDITIONAL PROVISIONS
8. FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. The online store available at www.aestheticpharma.com is operated by the company AESTHETIC PHARMA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wrocław (registered office address and address for deliveries: ul. Trawowa 53/3, 54-614 Wrocław); entered into the National Court Register under the KRS number: 0000578580; the court in which the company's documentation is kept: District Court for Wrocław, VI Economic Division of the National Court Register; share capital: PLN 20,000.00; NIP: 8943067016; REGON: 36267244300000 and email address: office@aestheticpharma.com.
1.2. This Online Store, as well as the Regulations and all provisions contained therein, are directed and thus binding only on the Customer or Service Recipient who is not a consumer, and from January 1, 2021, and for contracts concluded from that date also not a natural person entering into a contract directly related to their business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by them, made available based on the provisions on the Central Register and Information on Economic Activity.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of this Regulations is the Seller. Personal data is processed for the purposes, for the period, and on the basis of the grounds and principles indicated in the privacy policy published on the Online Store's website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and period of processing personal data, the rights of individuals whose data is processed, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to exceptions specified in the privacy policy (conclusion of the contract and Seller's statutory obligations).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available on the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available on the Online Store enabling the placement of an Order, especially by adding Products to the electronic shopping cart and specifying the conditions of the Sales Agreement, including the payment method.
1.4.4. CUSTOMER – a natural person with full legal capacity, for whom the use of the Website, including the conclusion of Sales Agreements, is directly related to their professional activity, possessing a granted medical license number - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, designated by an individual name (login) and password provided by the Service Recipient, a set of resources in the IT system of the Service Provider where the data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, allowing all Service Recipients using it to automatically receive cyclic contents of subsequent newsletter editions containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a service available in the Online Store that is not an Electronic Service and is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.10. ONLINE STORE - the online store of the Service Provider available at the web address: www.aestheticpharma.com.
1.4.11. SELLER; SERVICE PROVIDER – AESTHETIC PHARMA LIMITED LIABILITY COMPANY with its registered office in Wrocław (registered office and address for correspondence: Trawowa 53/3, 54-614 Wrocław); entered in the National Court Register under the number KRS: 0000578580; the court where the company's documentation is kept: District Court for Wrocław, VI Economic Department of the National Court Register; share capital: PLN 20,000.00; Tax Identification Number (NIP): 8943067016; National Business Registry Number (REGON): 36267244300000, and email address: office@aestheticpharma.com.
1.4.12. SALES AGREEMENT – a sales or product performance agreement concluded or to be concluded between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, for whom the use of the website, including the conclusion of sales contracts, is directly related to their business or professional activity (i.e., not being a consumer in this case); (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law, using or intending to use the Electronic Service.
1.4.15. ORDER – a declaration of will by the Customer submitted using the Order Form and directly aiming to conclude a Sales Agreement for the Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account – using the Account is possible after the Service Recipient completes two consecutive steps – (1) filling out the Registration Form and (2) clicking the "Register" button. After the registration is approved by the Service Provider, the Account is created. The Registration Form requires the Service Recipient to provide the following data: name and surname/company name, address (street, house/flat number, postal code, city, country), email address, contact phone number, password, and tax identification number (NIP).
2.1.1.1. The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient has the option to delete the Account (resign from the Account) at any time and without giving any reason by sending a relevant request to the Service Provider, in particular via email to: office@aestheticpharma.com or in writing to the address: ul. Trawowa 53/3, 54-614 Wrocław.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an Order occurs after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking on the Online Store website after filling out the Order Form in the "Place an order" field – until this moment, there is the possibility of independent modification of the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), NIP, email address, contact phone number, and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of Product/s delivery, payment method.
2.1.2.1. The Electronic Service Order Form is provided free of charge and has a one-time nature and ends when the Order is placed through it or when the Service Recipient ceases to place the Order through it.
2.1.3. Newsletter – you can subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – upon creating an Account, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the option to unsubscribe from the Newsletter (resign from the Newsletter) at any time and without giving any reason by sending a relevant request to the Service Provider, in particular via email to: office@aestheticpharma.com or in writing to the address: ul. Trawowa 53/3, 54-614 Wrocław.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop, or other multimedia device with internet access; (2) access to email; (3) internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option to save Cookies files and supporting Javascript in the internet browser.
2.3. The Service Recipient is obliged to use the Online Store in accordance with the law and good practices, taking into account the respect for personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing content of an unlawful nature.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the product complaint procedure, which is indicated in point 5 of the Regulations) can be submitted by the Service Recipient, for example:
2.4.2. in writing to the address: ul. Trawowa 53/3, 54-614 Wrocław;
2.4.3. electronically via email to: office@aestheticpharma.com;
2.4.4. The Service Recipient is obliged to provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) the Service Recipient's requests; and (3) contact details of the complainant.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price displayed on the Online Store's website is given in Polish zlotys, US dollars, or euros (according to the Customer's choice) and includes taxes. The Customer is informed about the total price with taxes of the ordered Product, as well as the delivery costs (including fees for transport, delivery, and postal services), and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them. This information is provided on the Online Store's pages during the Order placement, also at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. 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 occurs by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement, which contains at least the Seller's statements about receiving the Order and accepting it for execution and confirmation of the conclusion of the Sales Agreement. Upon receiving the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making this Regulation available on the Online Store's website and (2) sending the Customer an e-mail message mentioned in point 3.3.2 of the Regulation. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store's IT system.
4. METHODS AND DEADLINES FOR PRODUCT PAYMENT
4.1. The Seller provides the following payment methods for the Sales Agreement:
4.1.1. Cash payment on delivery upon receipt of the shipment.
4.1.2. Bank transfer payment to the Seller's bank account.
4.1.3. Electronic payments and credit card payments (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) through the BlueMedia.pl service – the available payment methods are specified on the Internet Shop's website in the payment information section and on the website http://www.bluemedia.pl, https://www.payu.pl.
4.1.3.1. Settlements of electronic transactions and credit card payments are carried out according to the Customer's choice through the PayU or BlueMedia.pl service. The electronic and credit card payment services are provided by:
4.1.3.1.1. PayU.pl – PayU S.A. with its registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the National Court Register under the number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital of PLN 4,944,000.00 fully paid; NIP: 7792308495.
4.1.3.1.2. BlueMedia.pl – Blue Media S.A. with its registered office in Sopot (address: ul. Powstańców Warszawy 6, 81-718 Sopot), entered into the National Court Register under the number 0000320590, registration files kept by the District Court Gdańsk - Północ in Gdańsk, share capital of PLN 2,000,000 fully paid, NIP: 5851351185.
4.2. Payment deadline:
4.2.1. In the case of Customer's choice of payment by bank transfer, electronic payments, or credit card payments, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. In the case of Customer's choice of cash payment on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS, AND DELIVERY TIME
5.1. The delivery of the Product to the Customer is free of charge unless the Sales Agreement provides otherwise. The costs of delivering the Product (including transportation, delivery, and postal services fees) are indicated to the Customer on the Internet Shop's website in the delivery cost information section and during the order placement, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.2. The Seller provides the following methods of delivering the Product to the Customer:
5.2.1. Courier shipment, cash-on-delivery courier shipment.
5.3. The delivery time of the Product to the Customer is up to 10 business days, unless a different deadline is specified in the description of a specific Product or during the order placement. In the case of Products with different delivery times, the delivery time is the longest one specified. The commencement of the delivery time of the Product to the Customer is counted as follows:
5.3.1. In the case of the Customer's choice of payment by bank transfer, electronic payments, or credit card payments – from the date of crediting the Seller's bank or settlement account.
5.3.2. In the case of the Customer's choice of cash payment on delivery – from the date of concluding the Sales Agreement.
6. PRODUCT COMPLAINT
6.1. In accordance with Art. 558 § 1 of the Civil Code, the Seller's liability for warranty for the Product towards the Customer is excluded.
7. ADDITIONAL PROVISIONS
7.1. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer within 14 calendar days from its conclusion. Withdrawal from the Sales Agreement in this case may occur without stating a reason and does not generate any claims on the part of the Customer against the Seller.
7.2. The Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the chosen payment method by the Customer and the fact of concluding the Sales Agreement.
7.3. The Service Provider may terminate the Electronic Service provision agreement with immediate effect and without giving reasons by sending a relevant statement to the Service Recipient.
7.4. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, but not more than the amount of one thousand Polish zlotys. The limitation of the amount, as mentioned in the preceding sentence, applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including those not resulting from the Sales Agreement or not related to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical foreseeable damages at the time of concluding the agreement and is not liable for lost profits. The Seller is also not liable for the delay in the shipment.
7.5. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient are subject to the court having jurisdiction over the Seller/Service Provider's registered office.
7.6. In the event of the Customer not collecting the shipment, the Seller, regardless of other rights, has the right to charge the Customer with a contractual penalty of PLN 150 and/or return shipping costs. The reservation of a contractual penalty does not exclude or limit the right to claim additional damages.
8. FINAL PROVISIONS
8.1. Agreements concluded through the Online Store are made in Polish and in accordance with Polish law.
8.2. Amendment of the Regulations:
8.2.1. The Service Provider reserves the right to make changes to the Regulations for valid reasons, i.e., changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
8.2.2. In the case of concluding continuous agreements based on these Regulations (e.g. provision of Electronic Service – Account), the amended Regulations bind the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code are met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the change in the Regulations results in the introduction of any new fees or an increase in existing ones, the Service Recipient has the right to withdraw from the agreement.
8.2.3. In the case of concluding agreements other than continuous agreements based on these Regulations (e.g. Sales Agreement), changes to the Regulations will not in any way violate the acquired rights of the Service Recipients/Customers before the effective date of the changes in the Regulations, in particular, the changes in the Regulations will not affect already placed or submitted Orders, and concluded, implemented, or performed Sales Agreements.
8.3. Matters not regulated in this Regulations are subject to the generally applicable provisions of Polish law, in particular, the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended), and other relevant provisions of generally applicable law.
