Terms of Use

§ 1. General provisions

These regulations set out the rules for using the Store at www.medka.eu, including placing Orders for Product(s) available in this Store, delivering the Products to the Customer, paying for the Products, the Customer’s rights to cancel the Order and withdraw from the Sales agreement and rules for submitting complaints.

§ 2. Definitions

Business days

it means days of the week from Monday to Friday, excluding public holidays.

Customer

it means a natural person with full or limited legal capacity, a legal person, or an organizational unit without legal personality who uses the Store on the terms set out in these Terms.

Consumer

it means a Customer who is a natural person, who places Orders, purchases or otherwise uses the Store, for a purpose not related directly to his business or professional activity.

Form of delivery

it means the delivery method of the Product.

Form of payment

it means the payment method for the Order.

Online Store, Store

it means the Website available at www.medka.eu, run by the Seller, through which the Customer may order and purchase the Products.

Order delivery time

it means the time at which the Store will complete the Order and forward it to the carrier performing the delivery of the Product(s).

Order form

it means a questionnaire available on the Website, through which the Customer places Orders.

Party

it means the Customer or the Seller, who are also collectively referred to as the “Parties.”

Product

it means loose items presented in the Online Store that may be the subject of a Sales agreement.

Purchase Order

it means the offer placed by the Customer through the Online Store to conclude a Sales agreement with the Seller.

Registration form

it means a questionnaire available on the Website, the completion of which by the Customer is a condition of the Customer’s registration in the Seller’s sales system, and placing Orders.

Sale confirmation

it means a proof of purchase in the form of a VAT invoice or receipt.

Sales agreement

it means a contract for the sale of Products, concluded between the Seller and the Customer via the Online Store.

Seller

it means Medka Marika Bury-Kubacka, using the TAX (NIP) number 7922286379, REGON number 147050892, with registered office at ul. Modrzewiowa 8, 37-500 Jarosław, Widna Góra.

Terms

it means the present terms and conditions together with the attachments.

§ 3. Conclusion of the Sales agreement

  1. Placing an Order takes place on the Website. To place an Order, the Customer must read the Terms and confirm this fact. Order is approved by the Seller electronically by sending an e-mail, which is deemed as the conclusion of a binding Sales Agreement.
  2. Completing and sending the Order form constitutes an offer made by the Customer to the Seller within the meaning of the Civil Code.
  3. The Sale agreement is concluded when the Customer receives confirmation of the Order by the Seller. The condition of acceptance of the Order by the Seller is correct and complete filling the Order Form by the Customer (to the required extent).
  4. The Order will not be accepted by the Seller if the Customer includes incomplete data in the Order Form, preventing the Customer’s verification or correct delivery of the Product(s).
  5. The Seller has the right to refuse the Order, limit the method of payment or request prepayment, if the Order raises justified doubts as to the reliability of the data provided or the method of payment, as well as if the performing of the Order could expose to or threaten the Seller with administrative, civil or criminal damage).
  6. The prices of the Product(s) presented in the Online Store are gross prices, expressed in Polish zlotys or euros. The price of the Product on the Website is binding for the Parties when the Customer places the Order. The price of the Product does not include the cost of its delivery, whereas information about the cost of delivery shall be provided to the Customer when placing the Order.
  7. The Seller reserves the right to change the prices of Product(s) available in the Online Store and the ability to carry out and cancel all kinds of promotional campaigns and sales. The change in the prices of Product(s) does not apply to Product(s) already ordered, the cost of which at the time of placing the Order is binding for the Parties.
  8. When purchasing a Product, confirmation is issued in the form of receipt or VAT invoice – according to the Customer’s wishes. The invoice is delivered to the Customer in a paper form together with the parcel containing the  Product(s) ordered. It, however can be delivered to the Customer in electronic form, to which the Customer hereby agrees. 
  9. Product photos or their technical descriptions on the Website 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

  1. The Seller offers payments via Dotpay sp. z o.o. with its registered office in Kraków (30-552) at ul. Wielicka 28B. Thanks to this form of payment, money for the placed Order reaches the Seller immediately, which allows its quick delivery. For the safety of our customers, payments are protected with secure SSL encryption.
  2. After accepting the Order and sending the confirmation to the Customer, the Seller waits no more than 5 Business days for a positive authorization from the electronic payment operator and the Customer’s bank. In the event of the ineffective expiry of the above deadline, the Order shall be automatically canceled, and the Customer’s further omission shall be treated as a withdrawal from the Sales agreement.

§ 5. Product delivery

  1. Deliveries of Product(s) are carried out via courier companies in Poland and European Union countries to the address indicated in the Order Form. The Product(s) are shipped within 14 days from the Order placement.
  2. If when placing the Order it is not clear that the deliveries are free, the Customer is obliged to cover the following delivery costs (indicated on the Website when placing the Order):
  1. on Polish territory – in the amount of PLN 16,
  2. to the regions of other EU countries  – in the amount of PLN 60 (or it’s equivalent in other currencies).
  1. The Customer shall be informed via e-mail about the status of the Order.
  2. When receiving the Product(s), the Customer is obliged to check whether the parcel has no damage caused during transportation and whether it complies with the Order.

§ 6. Complaints

  1. For physical or legal defects of the Product(s), the Seller shall be liable to the Customer who is a Consumer – according to the principles set out in art. 556 et seq. of the Polish Civil Code (warranty).
  2. The Seller is liable under warranty, if a physical defect is found within two years from the date of delivery of the Product(s) to the Customer who is a Consumer.
  3. The claim of the Customer who is  Consumer for the removal of defect or replacement of the Product with Product free from defects expires after one year from the date of finding the fault. The limitation period cannot, however, end before the expiry of 2 years from the date of delivery of the Product(s) to the Customer.
  4. A physical defect is the discrepancy of the Product(s) with the Sales agreement.
  5. In the event of concluding a Sales agreement with Customer who is Consumer, if physical defect will be found within one year of the delivery of the Product, it is assumed that it existed at the time the danger passed on to the Customer (at the time of receipt of the Product(s)).
  6. The Seller is liable to the Customer, if the Product(s) sold (individual article) 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).
  7. If the Product has a defect, the Customer who is a Consumer may:
    1. submit a statement requesting a price reduction,
    2. provide a statement of withdrawal from the Sales agreement,
    3. demand replacement of the Product to the one free from defects,
    4. demand that the defect is removed.
  1. The Customer may not withdraw from the Sales agreement if the defect is insignificant.
  2. The Customer who is a Consumer, who exercises the rights under warranty, is obliged at the expense of the Seller to deliver faulty Product(s) to the address of the Seller’s registered office.
  3. The returned Product(s) should be accompanied by invoice and information (e-mail form is acceptable), whether the Customer is interested in repairing the Product(s), exchanging the Product(s), or returning the money.
  4. The Seller within 14 (fourteen) days will respond to the complaint of the Customer who is a Consumer. Otherwise, it shall be considered that the Seller has recognized the Customer’s statement or request as justified.
  5. The Customer who is a Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product for one free of imperfections or removal of the defect, unless bringing the Product to compliance with the Sales agreement in the manner chosen by the Customer is impossible or would require excessive costs in comparison with method proposed by the Seller.
  6. The Seller may refuse to satisfy the Customer’s request, if bringing the defective Product(s) into conformity with the Sales agreement in the manner chosen by the Customer who is a Consumer is impossible or compared to the second possible way of bringing the Product(s) into compliance with the Sales agreement requires excessive costs.
  7. In the event of a price reduction, the reduced price should remain in such proportion to the price resulting from the Sales agreement in which the value of the Product with the defect remains to the value of the Product without defect.
  8. The Seller is 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 the Customer who is a Consumer.
  9. 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, the Seller’s liability under warranty is excluded. 
  10. In the event of an investigation before a court or arbitral tribunal of one of the rights arising from a warranty, the time limit for exercising other rights provided for by statute that the Consumer is entitled to in this respect shall be suspended until the final termination of the proceedings in this case. Accordingly, these rules also apply to mediation proceedings, where the deadline for exercising other rights under warranty, entitled to the Consumer, begins to run from the date the court refuses to approve the settlement concluded before the mediator or the ineffective termination of mediation.
  11. 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.
  12. If, due to a defect in the Product sold, the Customer who is Consumer made a statement of withdrawal from the Sales agreement or made demand of price reduction, he may demand compensation for the damage he 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 the Seller shall not be liable and in particular may demand reimbursement of the costs of concluding the Sales agreement, costs of collection, delivery, storage and insurance of the Product(s), reimbursement of expenses incurred to the extent that he benefited from them and did not receive their reimbursement from a third party and the costs of the process. The above regulation does not prejudice the generally applicable provisions on the obligation to repair damage on general principles.
  13. In the event of concealment of a defect by the Seller, the expiry of the time limit does not exclude the rights under warranty.
  14. The complaint address, i.e., the address for delivering or sending the disputed Product(s), is ul. Dygasińskiego 40/1, 01-603, Warsaw, Poland.

§ 7. Withdrawal from the Sales agreement

  1. The Customer 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 support@medka.eu or by sending a withdrawal form (attached to these Regulations) within 60 days, from the date of taking possession of the Product(s).
  2. In the event of withdrawal from the Sales agreement, the Customer shall immediately, not later than 60 days, from the date of taking possession of the Product(s). To meet the deadline, it is sufficient to return the Product(s) before its expiry.
  3. The Customer is 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.
  4. The refund will be made using the same payment method that the Customer used to make the payment. Once processed, a refund will be issued to the original form of payment within 5 to 7 business days.
  5. The Seller shall withhold reimbursement of payments received from the Customer until receipt of the Product or delivery by the Customer of proof of sending it back.

§ 8. Personal data

  1. By placing an order in the Store, the Customer agrees to the processing of his personal data for the purposes of implementing the Sales agreement. Providing personal data by the Customer, to the extent necessary to perform the Sales agreement and its proper documentation is mandatory, in the remaining scope depends on the Customer’s consent to provide it.
  2. The personal data provided by the Customer are the minimum necessary for the proper performance of the Sales agreement by the Seller and are 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 Customer agrees to this by subscribing to the newsletter .
  3. For more information on the protection of personal data, see the Privacy Policy.
  4. The administrator of the Customers’ personal data is the Seller. This data is not disclosed to third parties for marketing purposes or any other purposes. The Customer has the right to access, correct, and delete his personal data at any time. In order to exercise these rights, the Customer may contact the Seller by sending an e-mail to the following address: support@medka.eu or by post to the address of the Seller.

§ 9. Final provisions

  1. By placing an order in the Store, the Customer accepts the sales rules resulting from the Terms and obliges himself to comply with the rules contained therein.
  2. Any disputes between the Parties will be settled by the court competent for the seat of the Seller, with the exception of conflicts to which the Customer is a Consumer.
  3. In the event of a dispute arising out of the Sales agreement concluded on the basis of these Terms or related to them, the Customer who is a Consumer may bring an action against the Seller before a competent common court. In this case, the rules provided for in the Polish Code of Civil Procedure apply.
  4. The Seller is not responsible for the blocking by mail server administrators of messages sent to the e-mail address provided by the Customer and for the removal and blocking of e-mails by software installed on the computer used by the Customer.
  5. In matters not covered by these Terms, generally applicable provisions of Polish law shall apply.
  6. The Terms do not exclude or limit any rights of the Customer who is a Consumer, which he has pursuant to mandatory provisions of law. 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.
  7. The Seller reserves 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 introducing the changes. Registered Customer will be notified of a change in the Terms 14 days in advance; placing an Order in the Online Store after this deadline means acceptance of the sales rules resulting from the amendments to the Terms. The amended Terms will be published on the Store’s Website. 
  8. The Terms enter into force on October 15, 2019.

Privacy Policy

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).

Notwithstanding the foregoing, the Website may use plugins or content presented by third parties. If Users choose to use them, Users’ Personal Data may be shared with third parties or social platforms. The Administrator hereby recommends that you read the third party’s privacy policy before using its plugins or content.

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.

X. Cookies

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.

XI. Newsletter

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: support@medka.eu. 

XIII. Definitions

  1. 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.
  2. 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.
  3. 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.
  4. Processing entity means any person or entity that processes Personal Data on behalf of the Administrator (other than an employee of the Administrator).
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