Medical Scrubs & Nursing Uniforms.
§ 1. General provisions
These terms set out the rules for shopping at www.medka.eu, including placing Orders for Medical Scrubs and Nursing uniforms, delivery, your rights to cancel the Order, withdraw from the Sales Agreement and submitting complaints.
§ 2. Definitions
Means Monday to Friday, excluding public holidays.
Means a natural person with full or limited legal capacity, a legal person, or an organizational unit without legal personality who buys Medical Scrubs and Nursing Uniforms at the Store.
Means a Customer who is a natural person, who purchases Medical Scrubs and Nursing Uniforms or otherwise uses the Store, for a purpose not related directly to her business or professional activity.
Form of delivery
Refers to the method used to deliver Medical Scrubs and Nursing Uniforms.
Form of payment
Means the method used to pay for Medical Scrubs and Nursing Uniforms.
Online Store, Store
Means the Website available at www.medka.eu, run by Us, where You can order and purchase Medical Scrubs and Nursing Uniforms.
Order delivery time
Means the time the Store takes to complete an Order and forward it to the company performing the delivery of the Medical Scrubs and Nursing Uniforms.
Means the document available on the Website, through which You may place the Orders for Medical Scrubs and Nursing Uniforms.
Means You and Us, the participants involved in the transaction of goods for payment, namely, Medka Marika Bury-Kubacka and you, the customer.
Products, Medical Scrubs, Nursing Uniforms
Means loose items presented in the Store that may be the subject of a Sales Agreement.
Means the Order placed by You through the Store to conclude a Sales Agreement with Us.
A questionnaire is available on the Medka.eu Website that you need to complete for You to be registered in our sales system.
Means your proof of purchase of Medical Scrubs and Nursing Uniforms in the form of a VAT invoice or receipt.
Means the contract for the sale of Medical Scrubs and Nursing Uniforms, concluded between You and Us at the Online Store.
Means Medka Marika Bury-Kubacka, using the TAX (NIP) number 7922286379, REGON number 147050892, with the registered office at ul. Modrzewiowa 8, 37-500 Jarosław, Widna Góra.
Means the present terms and conditions.
§ 3. Conclusion of the Sales agreement
- Placing an Order takes place on the Website. To place an Order, you need to confirm your acceptance of the Terms. We approve the Order electronically by sending You an e-mail, which is deemed as the conclusion of a binding Sales agreement.
- Completing and sending the Order form constitutes an offer made by You to Us within the meaning of the Polish Civil Code.
- The Sale Agreement is concluded when You receive an Order confirmation from Us. To accept an Order, we need to receive from You a correctly completed Order Form
- We may refuse an order if You provide incomplete data on the Order Form that prevents Us from verification or correct delivery of Medical Scrubs and Nursing Uniforms.
- We have the right to refuse an Order, limit the Form of Payment or request prepayment, if the Order raises justified doubts as to the reliability of the data provided or the method of payment, or if we believe the performing of the Order could expose Us to or threaten Us with administrative, civil or criminal damage.
- The prices of the Medical Scrubs and Nursing Uniforms presented on the Online Store are gross prices including VAT, expressed in Polish zlotys or euros. The price of the Medical Scrubs and Nursing Uniforms, as featured on the Website at the time of Order placement, is binding upon You and Us. The prices of Medical Scrubs and Nursing Uniforms do not include the cost of delivery. Information determining the delivery cost must be provided to You when placing an Order.
- We reserve the right to change the prices of Medical Scrubs and Nursing Uniforms available in the Online Store and to carry out or cancel all forms of promotional and sales. Any price changes will not apply to Product(s) already ordered, in which the cost at the time of placing the Order is binding on You and Us.
- When purchasing a Product, confirmation is issued in the form of receipt or VAT invoice – according to customer preference. The invoice is delivered to You in paper format, together with the parcel containing the Medical Scrubs and Nursing Uniforms ordered. It can, however, be delivered to You in electronic form on your request.
- Product photos or their technical descriptions on the Website, in our Gallery or our Instagram profile may differ from the actual state. It may be related to the fact that electronic devices, including monitors, subjectively present colors and proportions.
§ 4. Payments
- The Seller offers payments via Cinkciarz. These payment methods enable immediate transfer of funds and therefore the speedy dispatch of Medical Scrubs and Nursing Uniforms. For the safety of our customers, payments are protected with secure SSL encryption.
§ 5. Product delivery
- Deliveries of Medical Scrubs and Nursing Uniforms are carried out via courier companies in Poland and selected European Union countries to the address indicated on the Order Form. The Product(s) are shipped within 14 days from the Order placement.
- If, when placing an Order, it is not stated that delivery is free, You are obliged to cover the following delivery costs (indicated on the Website at the time placing the Order):on Polish territory – in the amount of PLN 16,to the other European Union countries – in the amount of EUR 15.
- You will be informed via e-mail about the status of the Order.
- When receiving the Medical Scrubs and Nursing Uniforms, You must check that the parcel has not been damaged during transportation and that it complies with the Order.
§ 6. Complaints
- For physical or legal defects of the Product(s), we (Us) are liable to You (if You are a Consumer) in accordance with the principles set out in art. 556 et seq. of the Polish Civil Code (warranty).
- We are liable under warranty, if a physical defect is found within two years from the date of delivery of the Product(s) to the Consumer.
- A claim by the consumer for the removal of a defect or request for replacement of a Product expires after one year from the date of finding the fault. The limitation period cannot, however, end before the expiry of two years from the date of delivery of the Product(s) to the Consumer.
- A physical defect is a discrepancy between the Product(s) and the description within the Sales Agreement.
- Having concluded a Sales Agreement with a Consumer, if a physical defect in a Product is found by the Consumer within one year of the delivery of the Product, it is assumed that it existed at the time of receipt of the Product(s).
- We are liable to You, if the Product(s) sold are the property of a third party or if they are encumbered with the rights of a third party, and if the restriction on the use or disposal of a given Product(s) results from a decision or ruling of a competent authority (legal defect).
- If the Product has a defect, You may:
- submit a statement requesting a price reduction,
- provide a statement of withdrawal from the Sales agreement,
- demand replacement of the Product to the one free from defects,
- demand that the defect is removed.
- You may not withdraw from the Sales Agreement if the defect is insignificant.
- If you, as the Consumer, exercise your rights under warranty, You will, at our expense, send the faulty Product(s) to the following address: ul. Puławska 34, Building 31, Level 1, 05-500 Piaseczno, POLAND.
- The returned Product(s) should be accompanied by an invoice and information (e-mail form is acceptable), and notification by the Customer of their desire for the repair of goods, exchange of goods, or a refund.
- We will respond to your complaint within 14 (fourteen) days. Otherwise, it shall be considered that the we have recognized your statement or request as justified.
- You may, instead of accepting the removal of the defect in the way proposed by Us, request the replacement of the Product for one free of imperfections in a manner chosen by You, unless bringing the Product to compliance with the Sales Agreement in the manner chosen by You is impossible or would require excessive costs in comparison with method proposed by Us.
- We may refuse to satisfy Your request, if bringing the defective Product(s) into conformity with the Sales agreement in the manner chosen by You is impossible or compared to the second possible way of bringing the Product(s) into compliance with the Sales agreement requires excessive costs.
- In the event of a price reduction, the reduced price should remain proportionate to the price in the Sales Agreement and the relative value of the Product with and without defect.
- We are obliged to replace the defective Product with a Product free of defects or to remove the defect within a reasonable time without undue inconvenience to You.
- In the case of Sales Agreements concluded with Customers who are not Consumers within the meaning of Art. 221 of the Polish Civil Code, pursuant to art. 558 § 1 of the Polish Civil Code, our liability under warranty is excluded.
- The time limit for exercising the rights under the warranty for legal defects of the sold product(s) starts from the day on which the Customer who is a Consumer learned about the existence of the defect, and, if the Customer learned about the existence of the defect only as a result of an action of a third party – from the day on which the decision of the authority issued in the dispute with a third party has become final.
- If, due to a defect in the Product sold, You withdrew from the Sales Agreement or made a request for a price reduction, You may demand compensation for the damage You suffered by concluding the Sales Agreement without being aware of the existence of the defect, even if the damage was a consequence of circumstances for which we shall not be liable, and in particular, You may demand reimbursement of the costs of concluding the Sales Agreement, costs of collection, delivery, storage and insurance of the Product(s). The above regulation does not prejudice the generally applicable provisions on the obligation to repair the damage on general principles.
- In the event of concealment of a defect by Us, the expiry of the time limit does not exclude Your rights under warranty.
- The complaint address, i.e., the address for delivering or sending the disputed product(s), is ul. Puławska 34, Building 31, Level 1, 05-500 Piaseczno, POLAND.
§ 7. Withdrawal from the Sales Agreement (returning Medical Scrubs and Nursing Uniforms)
- Subject to clause 2 below You may withdraw from the Sales Agreement without giving reasons and without incurring costs other than the average cost of delivery, by submitting an appropriate statement to the e-mail address email@example.com or by sending a withdrawal form within 60 days, from the date of taking possession of the Product(s). The right of withdrawal is excluded for tailor-made products in non-standard sizes.
- In case of the purchase of the Product(s) on a promotion, the term to withdraw from the Sales Agreement is 14 days, from the date of taking possession of the Product(s).
- In the event of withdrawal from the Sales Agreement, You shall immediately, and not later than 60 days, from the date of taking them into possession return the Product(s) to our following address: ul. Puławska 34, Building 31, Level 1, 05-500 Piaseczno, POLAND.
- You are liable for a decrease in the value of the Product(s) as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
- The refund will be made using the same payment method that You used to make the payment. Once processed, a refund will be issued through the original form of payment within 14 business days.
- We shall withhold reimbursement of payments received from You until receipt of the Product.
§ 8. Personal data
- By placing an order in the Store, You agree to the processing of Your Personal Data for the purposes of fulfilling the Sales Agreement. Providing Personal Data by You, to the extent necessary to perform the Sales Agreement and its proper documentation is mandatory, in the remaining scope depends on Your consent.
- The Personal Data provided by You is the minimum necessary for the proper performance of the Sales Agreement by Us and is used solely for the purpose of implementing the Sales Agreement and informing about new Products, services and promotions offered by the Online Store – if the You agree to this by subscribing to the newsletter or providing your date of birth – in case You wish to receive your birthday code.
- We are the administrator of Your Personal Data. This data is not disclosed to third parties for marketing purposes or any other purposes. You have the right to access, correct, and delete your personal data at any time. In order to exercise these rights, You may contact Us by sending an e-mail to the following address: firstname.lastname@example.org or by post to our address.
§ 9. Final provisions
- By placing an order in the Store, You accept the Terms.
- Any disputes between the You and Us will be settled by the court competent for the registered seat, with the exception of conflicts in which You act as a Consumer.
- We are not responsible for the blocking by mail server administrators of messages sent to the e-mail address provided by You and for the removal and blocking of e-mails by software installed on the computer used by You.
- In matters not covered by these Terms, generally applicable provisions of Polish law shall apply.
- The Terms do not exclude or limit any of your rights as a Consumer. In the event of a conflict between the provisions of the Terms and the mandatory provisions of law granting consumers rights, these provisions shall prevail.
- We reserve the right to amend the Terms for important technical, legal or organizational reasons; however, the provisions of the previously binding Terms shall apply to all Orders placed before the date of the introduction of changes. The amended Terms will be published on the Store’s Website.
- The Terms enter into force on November 15, 2020.
I. General information
This Policy has been issued by Medka Marika Bury-Kubacka, using the NIP number 7922283679, REGON 147050892, with registered office at ul. Modrzewiowa 8, 37-500 Jarosław, Widna Góra, Poland (hereinafter: “Administrator”) and is addressed to all users (hereinafter: “Users”) of our website (hereinafter: “Website”). The definitions used in this Policy are explained in item XIII below.
The Data Administrator is Medka Marika Bury-Kubacka, based in Jarosław, Widna Góra, Poland. The Administrator’s contact details are provided in Section XII below.
This Policy may be amended and updated to take into account changes in practices related to the processing of Personal Data by the Administrator or changes of generally applicable law. We encourage you to carefully read this Policy and regularly check this page to verify changes that the Administrator may make in accordance with the provisions of this Policy.
II. Processing of Users’ Personal Data
Acquiring Personal Data: The Administrator may collect Users’ Personal Data, such as: name, surname, address and contact details, including email address, telephone number as well as position, and company data. The administrator may obtain Users’ Personal Data, in particular in the following cases:
- providing Personal Data by Users (e.g. email, telephone contact, via the form or in any other way);
- obtaining Users’ Personal Data as a result of conducting business relations / concluding or performing a contract (e.g. purchase of the Administrator’s product by the User);
- obtaining Users ‘Personal Data published on social media (e.g. obtaining information from Users’ profile on social media, to the extent that this information is visible as public);
- obtaining Personal Data from third parties (e.g. contractors, financial intermediaries, law enforcement agencies, including administrative bodies or courts, etc.);
- obtaining or asking Users to provide Users ‘Personal Data during Users’ visits to the Administrator’s websites or to use any functions or resources available on or through the Website. When Users visit the Website, Users’ devices and browsers may automatically share certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to the Website and other technical information regarding communication), some of them may be Personal Data. During a visit to the Website, no Users ‘Personal Data will be stored by the Administrator without the Users’ prior explicit consent. However, temporary storage of log files and cookies makes it easier to use our Website. For this reason, Users are asked to consent to this on our Website. Granting the above consent is optional and does not affect the possibility of using the Website. In some cases, the use of our Website may be limited to some extent without such consent.
Processed Personal Data: Categories of Users’ Personal Data Processed by the Administrator may, in particular, contain:
- Personal data: first name (names), surname (names), name used, gender, date of birth / age.
- Contact details: delivery address, company (employer) address, phone number, email address, social media profile details.
- Payment details: billing submission address, bank account number, bank account holder name.
- Content of messages: all messages, queries, statements, views and opinions about us, sent by Users or published on social media or via the Website.
Legal grounds for the processing of personal data: When processing Users’ personal data for the purposes indicated in this Policy, the Administrator shall rely on one or more of the following legal grounds, depending on the circumstances:
- Processing takes place on the basis of the User’s prior voluntary, specific, informed and explicit consent to the Processing;
- Processing is necessary to perform the contract that the User has concluded or intends to conclude with the Administrator;
- Processing is necessary to fulfill the legal obligation incumbent on the Administrator;
- Processing is necessary to protect the vital interests of any natural person;
- Processing is necessary to manage, conduct and promote the Administrator’s activities and does not prejudice the interests or fundamental rights and freedoms of the User.
The purposes of processing Personal Data: The purposes for which the Administrator may process Users’ Personal Data are as follows:
- Administrator’s Website: managing and managing our Website, presenting its content; publishing advertisements and other promotional and marketing information; communication and contacts with customers and suppliers, as well as potential employees or associates, through our Website;
- Offering Users of the Administrator’s products and services: presenting our Website and other services; providing promotional materials at the request of Users; communication related to the Administrator’s services;
- Marketing communication: presenting in any way (including e-mail, telephone, text message, social media, mail and personal contact) messages and other information that may be of interest to Users, including distribution of the newsletter and other commercial information, after obtaining consent Users to send information in an appropriate manner, based on generally applicable law;
- IT operations: management of communication systems, operation for IT security purposes and IT security audits;
- Financial management: sales, finance, auditing and sales management;
- Research: engaging Users to obtain information on Users’ opinions about the Administrator’s products and services;
- Improving our products and services: identifying problems with existing products and services; planning improvements of existing products and services; and creating new products and services.
III. Sharing Personal Data with third parties
The administrator may provide Users’ Personal Data:
- Administrative or judicial authorities, at their request, to inform about actual or suspected violations of applicable law;
- Persons carrying out audits, lawyers, PR agencies, taking into account the obligation of confidentiality arising from the contract or the law;
- Third parties processing entrusted data on behalf of the Administrator, regardless of their place of seat, in accordance with the requirements contained in this point III below;
- Any entity competent for the purpose of preventing, investigating, detecting or accusing of prohibited acts or carrying out criminal measures, including securing and countering threats to public security;
- Any acquiring entity in the event of sale or transfer of any organized part of the Administrator or shares in the Administrator’s share capital (including the case of reorganization, termination or liquidation).
If we engage a third party to Process Users’ Personal Data, in accordance with the processing agreement concluded with such entity, the Processing Entity will be obliged to: (i) Process only Personal Data indicated in the Administrator’s prior written instructions; and (ii) take all measures to protect the confidentiality and security of Personal Data and ensure compliance with all other requirements of applicable law.
IV. International transfer of Personal Data
At present, the Administrator does not forward and does not intend to transfer any Personal Data of Users to third countries that are not members of the European Union or to international organizations. If necessary, this Policy will be modified and the transfer of Users’ Personal Data may only take place on the basis of standard contractual provisions that the Administrator will implement before transferring such Personal Data. In this case, Users will be entitled to request a copy of the standard contractual provisions used by the Administrator, using the contact details indicated in point XII below.
V. Data Protection
The Administrator implemented appropriate technical and security measures to protect Personal Data, in particular including safeguards against accidental or unlawful destruction, loss, alteration, unauthorized publication, unauthorized access and other unlawful and unauthorized forms of Processing, in accordance with applicable law.
The Administrator is not responsible for Users’ actions or omissions. Users are responsible for ensuring that all Personal Data is sent to the Administrator in a secure manner.
VI. Data Accuracy
The Administrator shall take all appropriate measures to ensure that:
- Users’ Personal Data processed by the Administrator are accurate and, if necessary, valid; and
- All Users’ Personal Data that the Administrator processes and which are incorrect (bearing in mind the purpose for which they are being processed) will be deleted or corrected without undue delay.
The Administrator may ask Users about the accuracy of the Personal Data being processed at any time.
VII. Minimizing the scope of Data
The Administrator takes all appropriate measures to ensure that the scope of Users’ Personal Data that he processes is limited to Personal Data adequately required for the purposes indicated in this Policy.
VIII. Data storage
The criteria determining the duration of the period in which the Administrator stores Users ‘Personal Data are as follows: The Administrator stores copies of Users’ Personal Data in a form that allows identification, only as long as it is necessary to achieve the purposes set out in this Policy, unless generally applicable law requires longer period of storage of Personal Data. The administrator may, in particular, store Users’ Personal Data for the entire period necessary to establish, exercise or defend claims.
IX. Users’ rights
Pursuant to the provisions of the General Data Protection Regulation, Users have the following rights:
- the right to access personal data;
- the right to rectify personal data;
- the right to delete personal data;
- the right to limit the processing of personal data;
- the right to transfer personal data;
- the right to object to the processing of personal data;
- the right not to be subject to a decision based on automated processing.
If the Processing of Personal Data is based on the consent expressed by Users, Users have the right to withdraw consent at any time without affecting the lawfulness of the Processing that was carried out on the basis of consent before its withdrawal
In the event of incorrect Processing of Personal Data, Users have the right to lodge a complaint with the state supervisory authority for data protection, i.e. to the President of the Office for Personal Data Protection.
The above does not affect Users’ rights under laws or other generally applicable law.
To exercise one or more rights or ask about these rights or any other provisions of this Policy or about the processing of Users’ Personal Data, please contact us using the contact details indicated in point XII below.
A cookie file is a small file placed on the User’s device during a visit to the website (also on our Website). It records information about the device, browser, and in some cases, also about the preferences and common actions that Users perform when browsing websites. The Administrator may Process Users’ Personal Data via Cookie technology.
In the event that Users give voluntary, specific, informed and explicit consent to receive the Administrator’s newsletter, the Administrator may send Users an electronic newsletter with commercial information for promotional and information purposes. Personal Data provided to the Administrator in connection with subscribing to the newsletter will be used only for the purpose of sending the newsletter. Users can unsubscribe from the newsletter at any time by using the unsubscribe option in the newsletter, using the opt-out link in the footer of the email message or by contacting the Administrator in any other way.
We will store Personal Data received from Users solely for the above purpose and for the period for which Users subscribe to the newsletter and until Users withdraw their consent to subscribe to the newsletter.
The transmission of Users’ Personal Data related to the receipt of the newsletter is not required either for legal or contractual reasons, nor is it required for the conclusion of any contract. Therefore, providing this data or agreeing to receive the newsletter is not mandatory for Users. The legal basis for receiving the newsletter is only the consent expressed by Users (Article 6 point 1 letter a of the General Data Protection Regulation). In the absence of such consent – the newsletter will not be sent.
XII. Contact details
In case of any questions, doubts or comments regarding the information contained in this Policy or other issues related to the processing of Users’ Personal Data by the Administrator, including the rights referred to in point IX of this Policy, please contact the Administrator (Medka Marika Bury-Kubacka, using the NIP number 7922283679, REGON 147050892, with registered office at ul. Modrzewiowa 8, 37-500 Jarosław, Widna Góra, Poland) via email: email@example.com.
- Administrator means an entity that decides how and for which purposes Personal Data is processed. The Administrator is responsible for the compliance of the processing with applicable data protection law.
- Personal Data means any information about any identified natural person or natural person that is identifiable. Examples of Personal Data that the Administrator may process are listed in point II above.
- Processing means all activities related to Personal Data, whether automated or not, such as acquisition, recording, organizing, structuring, storing, adapting or changing, retrieving, consulting, using, sharing through transmission, dissemination or sharing in any other way, organizing or combining, limiting, deleting or destroying.
- Processing entity means any person or entity that processes Personal Data on behalf of the Administrator (other than an employee of the Administrator).