Shop rules

§ 1
Preliminary resolutions

1. Academy of Borreliosis online store, is available under www.akademia-boreliozy.pl, run by the Akademia Boreliozy Sp. z o.o. zoological garden. with its registered office in the Main Book in Nowy Świat in Poznań, 9th Commercial Department of the National Court Register under the number KRS 0000718073, with share capital of 8,000 PLN, tax identification number NIP 6222812983, REGON 369467870
2. These Regulations are addressed to both Consumers and Entrepreneurs who use the Store, it also defines the rules of using the Online Store, as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

§ 2
Definitions

1. Consumer – a natural person concluding an agreement with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
2. Seller – Akademia Boreliozy Sp. z o.o. based in Kotowiecko, at ul. Kaliska 22, postal code 63 – 460, entered into the National Court Register by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Department of the National Court Register under KRS number 0000718073, share capital PLN 8,000, NIP number 6222812983, REGON 369467870
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performs in its own name an economic activity that uses the Store.
5. Shop – an online store run by the Seller at the address www.akademia-boreliozie.pl
6. Contract concluded at a distance – an agreement concluded with the Client as part of an organized system of concluding distance contracts (as part of the Store), without simultaneous physical presence of parties, with the exclusive use of one or more means of distance communication up to the conclusion of the contract, inclusive.
7. Regulations – these Regulations of the Store.
8. Order – Customer’s declaration of intent submitted by means of the Order Form and aiming directly at the conclusion of the Product Sales Agreement or Products with the Seller.
9. Account – customer account in the store, it contains data provided by the customer and information about orders placed by him in the store.
10. Registration form – a form available in the Store, enabling the creation of an Account.
11. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are being shown, and it is also possible to determine and modify the given Order, in particular the quantity of products.
13. Product – a movable item available in the Store / a service being the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a product sales contract concluded between the Customer and the Seller via the Online Store. The Sale Agreement is also understood – in accordance with the features of the Product – as the provision of services and contract for work.

 

§ 3
Contact with the store

1. Address of the Seller: Akademia Boreliozy Sp. z o.o., ul. Kaliska 22, 63-460 Kotowiecko,
2. Seller’s e-mail address: kontakt@akademia-boreliozy.pl
3. Seller’s telephone number: 517 712 505
4. Seller’s bank account number 82 1090 1418 0000 0001 3584 5286
5. The customer can communicate with all addresses and phone numbers.
6. The customer can communicate by phone with the seller from Monday to Friday from 8.00 to 16.00, except for holiday and other holidays.

§ 4
Technical requirements

To use the Store, including viewing the Store’s assortment and placing orders for Products, you will need:
a. terminal device with access to the Internet and a browser such as Explorer browser.
b. an active e-mail account,
c. enabled cookie files,
d. installed Flashplayer.

 

§ 5
General information

1. The Seller, in the widest extent permitted by law, is not liable for any disruptions and pauses in the functioning of the Store caused by force majeure, unauthorized activity of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the resolutions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
3. Prices given in the store are given in Polish zloty and are gross prices (including VAT tax).
4. The final (ultimate) 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 Store’s pages when placing orders, including the moment you express your will to be bound by the Sales Agreement.
5. When the nature of the subject of the Contract does not allow to reasonably evaluate the product, for an advance calculation of the final price, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be given in the Store in the description of the Product.

 

§ 6
Creating an Account in the Store

1. To create an Account in the Store, you must complete the Registration Form on the Store’s website
2. Creating an Account in the Store is free.
3. Logging in to the Account is done by entering the login and password set in the Registration Form.
4. The Customer may, at any time, without giving any reason and without incurring any fees, remove the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

 

§ 7
The rules for placing orders

In order to place an Order:
1. Log in to the Store (optional);

2. Select the Product that is the subject of the Order, and then click “Add to cart” (or equivalent);
3. Log in or use the option of placing an Order without registration;
4. If the option to place an Order without registration has been chosen – fill out the Order Form by entering the details of the order recipient and the address where the Product delivery is to be made, choose the type of shipment (method of delivery of the Product), enter the invoice data if different from the recipient’s details,
5. Click “Buy and pay” and confirm the order by clicking the link sent in the e-mail,
6. Choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.

 

§ 8
Offered delivery methods and payments

1. The Customer may use the following methods of delivery or collection of the ordered Product:
– Courier services, courier services – cash on delivery,
2. The customer can use the following payment methods:
a. Payment on delivery
b. Payment by transfer to the Seller’s account
c. Electronic payments – PayU
d. Electronic payments – PayPal
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

 

§ 9
Execution of a sales contract

1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation shall take place when the Seller sends an e-mail message to the Customer to an e-mail address provided at the time of placing the Order. The e-mail message will be sent to an e-mail address given in the Order. The message should contain at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion 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.
3. If the customer chooses:
a. payment by bank transfer, or PayU or PayPal electronic payments, the Customer is obliged to make payment within 3 calendar days from the date of the Sales Agreement – otherwise the order will be canceled.
b. cash on delivery upon the delivery, the Customer is obliged to make the payment when receiving the parcel.
4. The product will be sent by the Seller within 7 calendar days (subject to passage 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
5. Due to the short expiration date of some products, especially from the M & R NANO line … the Seller reserves the right to extend the time of shipment of the product by the time of which he will inform the customer immediately. In this case, the customer may resign from the purchase and ask for a refund of the paid money, if he made the payment by bank transfer or electronic payment PayU or PayPal.
6. The beginning of the delivery of the Product to the Customer counts as follows:
a. If the Customer chooses the method of payment by bank transfer or PayU or PayPal electronic payment – from the date of crediting the Seller’s bank account.
b. If the Customer chooses the method of payment on delivery – from the day of concluding the Sales Agreement.
7. Product delivery takes place in Poland and selected EU countries (information on the Online Store website when ordering)
8. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store pages while placing the Order, including when the Customer wishes to be bound by the Sales Agreement.

 

§ 10
The right to withdraw from the contract

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason, excluding point 8 of this paragraph.
2. The running of the deadline specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
3. The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.
4. The statement may be sent by traditional mail or by e-mail by sending a statement to the Seller’s e-mail address – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, the model of which is attached as Appendix 1 to these Regulations and the attachment to the Act of 30th of May 2014 on consumer rights, however, it is not mandatory.
5. 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, to an e-mail address provided by the Consumer.
6. Effects of withdrawing from the Agreement:
a. In case of withdrawal from the Contract concluded remotely, the Agreement shall be deemed void.
b. In the event of withdrawal from the Agreement, the Seller shall promptly, return all payments made by the Customer, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement. The payment return will include the cost of delivering the item, with the exception of additional costs resulting from the Consumer’s choice the method of delivery other than the cheapest usual delivery method offered by the Seller.
c. The reimbursement shall be made by the Seller using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution which will not entail any costs for him.
d. The Seller may withhold the reimbursement of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
e. 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 he informed the Seller about withdrawal from the Agreement. The deadline will be respected if the Consumer returns the Product before the expiry of the 14-day period.
f. The Consumer bears direct costs of returning the Product, including the costs of returning the Product, if due to its nature, the Product could not be sent back by regular mail.
g. The consumer is liable only for the decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
7. If, due to the nature of the Product, it can not be sent back in regular mode by post, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.

8. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
b. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the packaging due to health or hygiene reasons, if the packaging was opened after delivery (broken bottle seals, unsealed blister packs etc.)
c. in which the object of the service is an item subject to rapid deterioration or having a short shelf-life,
d. for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the service by the Seller, he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
f. in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things,
g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,
h. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery,
i. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement,
j. for delivery of digital content that is not recorded on a data storage device, if the performance began with the Consumer’s express consent before the deadline for withdrawal and after informing the Seller about the loss of the right to withdraw from the Agreement,

 

§ 11
Complaint and warranty

1. The new Products are covered by the Sale Agreement.
2. The seller is obliged to provide the customer with a product free from defects.
3. In the event of a defective item purchased from the Seller, the Customer has the right to make a complaint based on the rules concerning the warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
4. Complaints should be reported in writing or electronically to the addresses of the Seller provided in these Regulations.
5. It is recommended that the complaint include concise description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the good.
6. The Seller will respond to the claim immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
7. Goods sent back as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
8. If a guarantee has been granted for the Product, information about it as well as its content will be included in the description of the Product in the Store.

 

§ 12
Out-of-court ways to handle complaints and redress

1. Detailed information on the Consumer’s option of out-of-court settlement of complaints and rules of access to these procedures is available at the offices and on the websites of the district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection 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. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
a. The consumer is entitled to request a permanent amicable consumer court, referred to in article 37 of the Act of 15th of December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, with later amendments), with a request to settle the dispute arising from the Contract concluded with the Seller.
b. The consumer is entitled to apply to the voivodeship inspector of the Trade Inspection, pursuant to article 36 of the Act of 15th of December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148 with later amendments), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers).

 

§ 13
Personal data in the Online Store

1. The Administrator of the Customers personal data collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of personal data of the Online Store’s Customers may be:
a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s personal data collected to a selected carrier or conveyor performing the shipment at the request of the Administrator.
b. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.

 

§ 14
Final Resolutions

1. Contracts concluded via the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the resolutions of these Regulations. The Seller shall inform the Customer about each change.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU ODR online platform, available at:
http://ec.europa.eu/consumers/odr/ – at least 7 days in advance.