Terms And Conditions of Stokmed.pl  On-line Store 

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENTS FOR ODERED PRODUCTS
5. COST, METHODS, DATE OF DELIVERY AND RECEIPT OF GOODS
6. PRODUCT COMPLAINT
7. EXTRAJUDICIAL MEANS OF RESOLVING COMPLAINTS AND PURSUING CLAIMS AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE AGREEMENT (APPLIES TO AGREEMENTS OF SALE CONCLUDED AFTER 25TH. OF DECEMBER 2014)
9. PROVISIONS REGARDING LEGAL ENTITY CUSTOMERS (Companies)
10. FINAL PROVISIONS
11. TEMPLATE OF THE WITHDRAWAL NOTICE FROM THE CONTRACT

The Online Store www.stokmed.pl cares for consumers rights. The consumer may not waive rights granted to him in the Act on Consumer Rights. If provisions of this contract are less favourable to the consumer than the provisions of the Consumer Rights Act than those are invalid and in their place the provisions of the Consumer Rights Act apply. Therefore the provisions of below Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of provisions of these Regulations with provisions mentioned above, Consumer Rights Act shall prevail and should be applied.

1.    General Provisions

1.1.      The Online Store available at www.stokmed.pl is owned by STOKMED PRZEMYSŁAW STOKOWSKI (“Stokmed”) registered in the National Official Register of Business Entities in the Republic of Poland, under number REGON 300806225, with registered office at ul. Wysogotowska 100, 62-081 Przeźmierowo, Poland and with delivery address at ul. Budowlanych 14, 62-081 Baranowo, Poland; and VAT Tax number NIP PL6652236269. It is possible to reach Stokmed company under e-mail address: info@stokmed.pl and telephone number: 61 650 39 00.

1.2.      These Regulations are addressed to both consumers and legal entities using Stokmed’s Online Store unless a particular provision of the Regulations provides otherwise and is directed only to consumers or legal entities.

1.3.      The administrator of personal data processed in the Online Store in connection with the implementation of provisions of those Regulations is the Seller. Personal data are processed for purposes and to the extent based on the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains mainly rules regarding processing of personal data by the Administrator in the Online Store, including basis, purposes and scope of personal data processing and the rights of data subjects, as well as information on the cookies usage and analytical tools in the Online Store.

Using the Online Store, including making purchases, is voluntary. Similarly provision of personal data by the Customer or the Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4.      Definitions:

• WORKING DAY – one day from Monday to Friday, excluding public holidays.
• REGISTRATION FORM – form available in the Online Store that allows to create an Account.
• ORDER FORM – is an interactive form, electronic service, available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and it is defining the terms of the Sales Contract, including the method of delivery and payment.
• CUSTOMER – (1) a natural person with full legal capacity and in cases provided by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organisational unit without legal personality, which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.
• CIVIL CODE - the Civil Code Act from 23. April 1964 (Journal of Laws 1964 No. 16, item 93, with amendments).
• ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
• NEWSLETTER - Electronic Service, electronic distribution service provided by Service Provider via e-mail, which allows all Service Recipients which are using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
• PRODUCT - a movable item available in the Online Store which is the subject of the Sales Contract between the Customer and the Seller.
• TERMS AND CONDITIONS - these terms and conditions of Stokmed’s Online Store stokmed.pl
• ONLINE STORE - the Service Provider's Stokmed’s Online Store available at Internet address: stokmed.pl.
• SELLER; SERVICE PROVIDER – PRZEMYSŁAW STOKOWSKI owner of company STOKMED PRZEMYSŁAW STOKOWSKI (“Stokmed”) registered in the National Official Register of Business Entities in the Republic of Poland, under number REGON 300806225, with registered office at ul. Wysogotowska 100, 62-081 Przeźmierowo, Poland and with delivery address at ul. Budowlanych 14, 62-081 Baranowo, Poland; and VAT Tax number NIP PL6652236269.   It is possible to reach Stokmed company under e-mail address: info@stokmed.pl and telephone number: 61 650 39 00.
• SALES CONTRACT - a Product’s sales contract which is or was concluded between the Customer and the Seller via the Online Store.
• ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
• SERVICE RECIPIENT - (1) a natural person with full legal capacity and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organisational unit without legal personality, which the law grants legal capacity; - using or intending to use the Electronic Service.
• CONSUMER RIGHTS ACT - Act from May 30, 2014 about consumer rights (Journal of Laws 2014, item 827 with amendments)
• ORDER - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Contract with the Seller.

2.    ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.      The following Electronic Services are available in Stokmed Online Store: an Account, Order Form and Newsletter..

• Account - the use of the Account by the Customer is possible after completing three consecutive steps: (1) completing the Registration Form, (2) reading the "Privacy Policy" and marking appropriate field, and (3) clicking "Save" button. The account is then ready. For efficient execution of all orders, it is necessary for the Customer to add more detailed data by clicking "Add first address" tab. Those data are: name and surname / company name, address (street, house/ flat number, zip code, city, country), e-mail address, contact telephone number and. In the case of Customers who are legal entities, it is also necessary to provide the Company’s name and tax identification number.

  • Electronic Service: Account - is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@stokmed.pl or in writing to the following address: ul. Budowlanych 14, 62-081 Baranowo. Poland.

  • Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps: (1) completing the Order Form and (2) after completing the Order Form clicking on the “Proceed to checkout" button. In the second field "Addresses" you can edit the data yourself. To do this, follow the displayed messages and information available on the Online Store website. In the Order Form, it is necessary for the Customer to provide the following data: name and surname, address (street, house / flat number, zip code, city, country), contact telephone number. The place of delivery of the products may differ from the billing address.  In the case of customers who are legal entities, it is also necessary to provide the Company name and company’s tax identification number.                    In the third field, the Customer selects the method of delivery of ordered Product or products and in the fourth field the Customer selects the method of payment..

  • Electronic Service: Order Form - is provided free of charge and has one-off character. It ends when the Order is placed through it (“Check out”) or when the Customer ceases to place the Order through it earlier (trough “View cart”).

• Newsletter - the use of the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Store website to which subsequent editions of the Newsletter are to be sent after clicking the "Subscribe" button. Customer can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account.

  • Electronic service: Newsletter - is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@stokmed.pl or in writing to the following address: ul. Budowlanych 14, 62-081 Baranowo, Poland.

2.2.      Technical requirements necessary to use the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution:1024x768; (5) enabling cookies and Javascript support in the web browser.

2.3.      The Service Recipient is obliged to use Stokmed Online Store in a lawful way and with respect for good manners, other’s personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is forbidden to provide illegal content.

2.4.      Procedure for handling complaints:

• Complaints related to Electronic Services provided by the Service Provider and other complaints related to the operational side of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of these Regulations), may be submitted by the Customer via, e.g.:

• in writing to the following address: ul. Budowlanych 14, 62-081 Baranowo, Poland;

• in electronic form via e-mail to the address: info@stokmed.pl;

• It is recommended that in a description of a complaint, the Customer should provide: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities; (2) the Service Recipient's requests; and (3) contact details of the person/ company submitting the complaint - this will facilitate and accelerate reflection on the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

• The Service Provider will respond to the complaint no later than within 14 calendar days from the date of its successful submission.

3.    CONDITIONS OF CONDUCTING A SALES OF CONTRACT

3.1.      The conclusion of the Sales Contract 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 point 2.1.2 of the Regulations.

3.2.      The Customer is informed about the total price of the Product (or products) as well as its delivery costs (including charges for transport, delivery and/or postal services) and other costs (if applicable) on the Online Store website and during placing the Order. If for any reason the above-mentioned fees cannot be determined, the Customer is informed about the obligation to pay them. The customer agrees to the above conditions by clicking “Check out” button or expressing written willingness to bound by Sales Contract.

3.3.      The procedure for concluding a Sales Contract in the Online Store using the Order Form

• The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

• 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 takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration 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..

3.4.      Consolidation, securing and providing the Customer with the content of the executed Sales Contract takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. of these Regulations. The content of the Sales Contract is additionally recorded and secured in the Seller's IT system.

4.    METHODS AND TERMS OF PAYMENT FOR ODERED PRODUCTS

4.1.      The Seller provides the Customer with the following payment methods under the Sales Contract:

• Cash on delivery - payment is made on delivery.

• Payment in cash on personal product collection.

• Bank transfer to the Seller's bank account.

• Electronic payments and card payments are processed via Tpay.com. The available payment methods are specified on the Online Store website in the information tab on payment methods and on the website https://tpay.com/en

  • Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice via the TPay.com website. Electronic payments and payment cards are handled by:

    • The Tpay payment system belongs to the company: – National Payment Integrator S.A. ul. St. Marcin 73/6 61-808 Poznań. TAX ID: 7773061579 REGON: 300878437 KRS: 0000412357. Share capital: PLN 5,494,980 paid in full.

4.2.      Payment Due Date:

• If Customer chooses payment by bank transfer, electronic payment or payment by credit card the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Contract.

• If Customer selects the option "cash on delivery” (COD) or "personal collection" the Customer is obliged to pay in cash upon receipt of the goods.

5.    COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1.      Product delivery is available on the territory of the Republic of Poland and all European Union countries.

5.2.      The delivery of the Product to the Customer is payable additionally, unless the Sales Contract provides otherwise. Product delivery costs (including charges for transport, delivery and/or postal services) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and when placing the Order, in one of the steps when the Customer expresses his will to be bound by the Sales Contract.

5.3.      Personal collection by the Customer of any given Product is free of charge.

5.4.      The Seller enables to the Customer following methods of receipt or collection of the Product:

• The customer's seller to the customer the following methods of sending or receiving the Product:

• Carrier shipment paid with the order or cash on delivery.

• Shipment to a parcel locker (service available only in Poland).

• Pallet shipment (DHL carrier).

• Personal collection is available at: ul. Budowlanych 14, 62-081 Baranowo - on Working Days (Monday - Friday) from 07:30 to 15:00.

• The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. When ordering Products with different delivery times or in larger quantities, the proper delivery date will be the longest given date, which should not exceed 10 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:

• If the Customer chooses the method of bank transfer payment, electronic payment or card payment - from the date of crediting the Seller's bank account or settlement account.

• If the Customer chooses the method of payment as cash on delivery - from the date of concluding the Sale Contract.

• Product readiness for personal collection - if the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In case of Products with different terms of readiness for collection, the term of readiness for collection is the longest term provided, which however may not exceed 7 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:

• If the Customer chooses the method of bank transfer payment, electronic payment or card payment - from the date of crediting the Seller's bank account or settlement account.

• If the Customer chooses cash on delivery - from the date of concluding the Sale Contract.

6.    PRODUCT COMPLAINT 

6.1.      The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (in particular Articles 556-576 of the Civil Code). For Sales Contracts concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person who purchases the Product for purposes not related to professional or business activity, due to the Product's non-compliance with the Sales Agreement, are defined by generally applicable law, in particular the Act of July 27, 2002 on special terms of consumer sale and amending the Civil Code (Journal of Laws 2002, No. 141, item 1176).

6.2.      The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller's liability for a Product defect and the Customer's rights are set out on the Online Store website in the complaint information tab.

• The complaint may be submitted by the Customer, e.g.:

• in writing to the following address: ul. Budowlanych 14, 62-081 Baranowo;

• in electronic form via e-mail to the following address: info@stokmed.pl;

6.3.      It is recommended that the Customer provide in the description of the complaint: (1)information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Contract or a declaration of price reduction or withdrawal from the Sales Contract; and (3)contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.4.      The Seller will respond to the Customer's complaint immediately and no later than within 14 calendar days from the date of its submission. If the Customer who is a legal entity, has requested replacement of the item or removal of defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced and the Seller has not responded to this request within 14 calendar days, it is considered that the request was considered justified .

6.5.      The Customer who uses his rights under a warranty is obliged to deliver the defective Product to the following address: ul. Budowlanych 14, 62-081 Baranowo, Poland. In the case of a Customer who is a legal person, the cost of delivering the Product is borne by the Seller, in the case of a Customer who is a legal entity, the cost of delivery is borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

7.    EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

7.1.      Detailed information on opportunities for the Customer who is a legal person to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://www.uokik.gov.pl/consumer_protection_in_poland. php.

7.2.      There is also a contact point at the Office of Competition and Consumer Protection (phone: +48 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.) who’s task is, inter alia, to provide assistance to consumers in matters related to out-of-court resolution of consumer disputes.

7.3.      The consumer has following exemplary possibilities of using out-of-court complaint and redress procedures: (1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for an out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller); and (3) assistance of a municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advices are provided, inter alia, via e-mail: porady@dlakonsumentow.pl and at a consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 to 18:00, connection fee according to the operator's tariff).

7.4.      At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8.    THE RIGHT TO WITHDRAW FROM THE CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)

• A consumer who has concluded at a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring any costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:

• in writing to the following address: ul. Budowlanych 14, 62-081 Baranowo, Poland;

• in electronic form via e-mail to the following address: info@stokmed.pl;

8.2.      An exemplary model of withdrawal form is included in Annex no 2 to the Consumer Rights Act and is additionally available in point 11 of this Regulations and on the Online Store website in the withdrawal tab. The consumer may use    a form template, but it is not obligatory.

8.3.      The period for withdrawal from the contract begins:

• for a contract in which the Seller releases Product, being obliged to transfer its ownership (e.g. a Sales Contract) - from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) consists in the regular delivery of Products for a specified period - from taking possession of the first of the Products;

• for other contracts - from the date of the contract.

8.4.      In the event of withdrawal from contract made at a distance, the contract is considered void.

8.5.      The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.

8.6.      The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Budowlanych 14, 62-081 Baranowo, Poland.

8.7.      The consumer is responsible for reducing the value of the Product 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.

8.8.      Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:

• If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

• The consumer bears the direct costs of returning the Product

• In the case of a Product which is a service, the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided..

8.9.      The right to withdraw from at a distance contract is not available to the consumer in relation to contracts:

• (1)for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) 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 to withdraw from the contract; (3)in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5)in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6)in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations on the market over which the Seller has no control; (8) in which the consumer has expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13)for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract..

9.    PROVISIONS CONCERNING LEGAL ENTITIES (Companies)

9.1.      This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are Legal Entities (Companies).

9.2.      The Seller has the right to withdraw from the Sales Contract concluded with the Customer who is a Legal Entity within  14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may take place without giving a reason and does not give reasons to rise any claims on the part of the Legal Entity Customer against the Seller.

9.3.      In the case of Legal Entity Customers the Seller has right to limit the available payment methods, including requiring       a whole or partial prepayment, regardless of the method of payment chosen by the Customer and the way of concluding the Sales Contract.

9.4.      Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Legal Entity Customer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until its delivery to the Customer address nor for delay in transportation of this shipment.

9.5.      If the Product is sent to the Customer via a carrier, Legal Entity Customer s obliged to inspect the parcel in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, it is obliged to take all steps necessary to determine the liability of the carrier.

9.6.      According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards Legal Entity Customers is excluded.

9.7.      In the case of Legal Entity Customers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement. The liability of the Service Provider/ Seller in relation to the Service Recipient/ Legal Entity Customer regardless of its legal basis is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Contract, not more than one thousand zlotys (1000 PLN). The Service Provider / Seller is liable to the Service Recipient/ Legal Entity Customer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service Recipient / Legal Entity Customer.

9.8.      Any disputes arising between the Seller/ Service Provider and the Legal Entity Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/ Service Provider.

10. FINAL PROVISIONS

10.1.    Agreements concluded via the Online Store are concluded in Polish language.

10.2.    Changes to the Regulations:

• The Service Provider reserves itself a right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.

• In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Account), the amended regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

• In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Regulations amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients /Legal Entity Customers before the date of entry into force of the amendments to the Regulations, in particular no amendments to the Regulations will have affect the placed Orders and those concluded, implemented or performed under Sales Contracts.

10.3.    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 of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Legal Entity Customers - the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000, No. 22, item 271 as amended) and the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Contracts concluded from December 25, 2014 with Legal Entity Customers - the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.

11. TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT (ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

Template withdrawal form
(this form should be completed and returned only if you wish to withdraw from the Sales Contract)

–    To:

STOKMED PRZEMYSŁAW STOKOWSKI
ul. Budowlanych 14, 62-081 Baranowo, Poland
www.stokmed.pl
info@stokmed.pl

–    I / We (*) hereby inform about my /our withdrawal from the contract of sale of the following items (*) /contract for the supply of the following items (*) /contract for specific work consisting in the performance of the following items (*) / for the provision of the following service ( *)

–    Date of the Sales contract conclusion (*) / receiving goods(*):

–    Customer’s name and surname:

–    Customer’s address:

–    Customer’s signature (only if this template is send in a paper form)

–    Date

(*) Delete as appropriate.