§ 1 Definitions
- Shop online – the online store located at the domain www.medhoodie.eu, the rights to which belong to the Seller;
- Seller/Service Provider – Medhoodie Limited Liability Company with its registered office in Warsaw, at 3 Nakielska Street, 01-106 Warsaw, entered into the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Division of the National Court Register under the KRS number: 0000887658, Tax Identification Number (NIP): 5272951947, REGON: 38836593300000;
- User – a natural person with full legal capacity who uses the services of the Online Store;
- Registration – the process of creating an Account by the User through a registration form;
- Service – an electronic service provided by sending and receiving data via public telecommunications systems at the individual request of the User, without the simultaneous physical presence of the parties;
- Account – a part of the Online Store allocated to the User, through which they can perform certain actions within the Online Store;
- Buyer – a natural person, legal entity, or unincorporated organizational unit with legal capacity, who uses the Online Store;
- Consumer – a natural person entering into a contract not directly related to their business or professional activity;
- Entrepreneurial Customer with Consumer Privileges (KPPUK) – a natural person entering into a contract directly related to their business activity, when the content of the contract indicates that it does not have a professional character for them, arising in particular from the subject of the economic activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity;
- Entrepreneur – a natural person, legal entity, or unincorporated organizational unit not having legal personality, which the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity;
- Products – goods offered in the Online Store by the Seller;
- Terms and Conditions – these regulations.
§ 2 General provisions
- Regulations for the use of the www.medhoodie.eu Online Store define the conditions for the provision of electronic services by the Service Provider, in accordance with the provisions of the Act of July 18, 2002, on the provision of electronic services. These include rules for using the Online Store, the extent of the Service Provider's liability, procedures for handling complaints, and also regulate issues related to the operation of the Online Store (concluding agreements, deliveries, payments, complaints, returns).
- The Online Store conducts sales of Products via the Internet.
- If the User does not accept the provisions of the Regulations, they should immediately cease using the Online Store.
- Before entering into an agreement, the User is obliged to familiarize themselves with the Regulations.
- Every User is obliged to comply with the provisions of the Regulations.
- The Regulations are provided to the User free of charge via the Online Store in a form that allows for obtaining, reproducing, and recording the content of the Regulations.
The User can contact the Seller at:
the address of the registered office at 3 Nakielska Street, 01-106 Warsaw,
- email address: store@medhoodie.eu,
- contact number: +48 797 048 702.
§ 3 Rules of using the Internet Shop
Using the Online Store is possible provided that the teleinformatics system used by the User meets the following minimum technical requirements:
- A computer or mobile device with Internet access,
- Access to email,
- Internet Explorer version 11 or newer, FireFox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1 or newer web browser, with Cookies and JavaScript enabled.- Using the Online Store means any action by the User leading to their acquaintance with the content contained in the Online Store.
The User is obliged in particular to:
- Not provide or transmit content prohibited by law, e.g., content promoting violence, slandering or infringing on the personal rights and other rights of third parties,
- Use the Online Store in a manner that does not disrupt its functioning, in particular by using specified software or devices, refraining from actions such as sending or posting unsolicited commercial information (spam) within the Online Store,
- Use the Online Store in a manner that is not burdensome to other Customers and the Seller,
- Use all content posted within the Online Store only for personal use,
- Use the Online Store in accordance with the provisions of the applicable law in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general rules of using the Internet.- The Seller reserves the right to temporarily suspend the operation of the Online Store, caused in particular by the need to repair the system.
- The information and photos posted in the Online Store may be protected by copyright. Copying and distributing them, using them for commercial purposes, or placing them on other websites without the consent of the Seller is prohibited. All mentioned products and names are used solely for identification purposes and may be trademarks of their respective owners.
- Using services provided electronically involves the risk of infecting the computer system with unwanted software, including software whose sole purpose is to cause harm.
§ 4 Services
Through the Online Store, the User has access to the following services:
- Making purchases using the Online Store (concluding a distance sales contract),
- Creating an Account allowing the saving of order history and modification of data,
- Subscribing to the Newsletter service.- The Seller enables, via the Online Store, the use of services provided by the Seller 24 hours a day, 7 days a week.
- The purchasing service is available both for individuals with an Account and without the need to create an Account.
- The service of maintaining an Account in the Online Store is available after registration. Registration is done by completing and accepting the registration form provided in the Online Store. The agreement for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period from the date of receiving the User's email confirmation of Account creation and terminates upon the User's request to delete the Account.
- The Customer has the option to receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter service). To do this, the Customer must provide their name and email address. The Customer can withdraw consent to receive commercial information within the Newsletter service at any time. The agreement for the provision of the service of sending commercial information is concluded for an indefinite period from the date of receiving the User's email confirmation of Newsletter subscription and User's approval of the subscription by clicking on the confirmation link, and terminates upon the User's request to unsubscribe their email address. The Customer can unsubscribe from the service by clicking on the button provided in each email sent as part of this service. Detailed information regarding the Newsletter service can be found in the Newsletter Service Regulations.
§ 5 Conclusion of the sales contract
- Through the sales agreement, the Seller undertakes to transfer ownership of the Products covered by the order to the Buyer and deliver them, while the Buyer undertakes to accept the ordered Products and pay the Seller the price.
- The sales agreement is concluded in Polish, with content consistent with the Regulations.
- To make purchases, it is necessary to fill out the purchase form. Providing personal data in the form is necessary to conclude and perform the sales agreement. To place an order, the Buyer must choose the Product in terms of type, color, and quantity. Each selected Product must be added to the cart using the appropriate button. After completing the entire order, proceed to the cart and continue the ordering process. In subsequent steps, the Buyer selects the delivery methods and payment methods for the Product. At the final stage, the Buyer is informed of the total value of the selected Products and delivery costs, as well as the placement of the order with the obligation to pay.
- The condition for placing an order is the acceptance of the Regulations and Privacy Policy by checking the appropriate box in the form. Subscribing to the Newsletter service is voluntary.
- Orders in the Online Store can be placed 24 hours a day, 7 days a week.
- Each order placed by the Buyer is confirmed by email with information about its acceptance. The conclusion of the sales agreement occurs upon receipt by the Buyer of an email confirmation of order acceptance.
- In case the data provided in the form is incomplete and it is not possible to process the order, the Seller will contact the Buyer to complete this data.
- From the date of funds being credited to the Seller's account for the payment of the order, the Seller begins processing the order, which takes from 1 to 3 business days. Order processing includes: order acceptance, order picking, order packing, and dispatch. If the last day falls on a non-working day, the deadline ends on the next business day. After this deadline, the Seller sends the goods according to the rules specified in §6 of the Regulations.
- For products marked as "available on order," the delivery time is specified on the Product page.
If extraordinary circumstances occur that prevent the order from being fulfilled within the specified time in point 8, the Seller will contact the Buyer. In such a case, the Buyer has the right to:
- demand fulfillment of the sales agreement with the delay, or
- withdraw from the agreement and receive a refund of the amount paid. In this case, the money will be refunded to the Buyer promptly, but no later than within 7 days from the date of crediting the payment to the Seller's account.The Seller reserves the right to:
- withdraw some Products from sale,
- change prices and quantities of Products in the online store (price changes do not affect purchases made before the price change),
- introduce new Products in the Online Store,
- conduct promotional campaigns on individual Products.
§ 6 Deliveries
- The Seller delivers Products within the territory of the Republic of Poland as well as outside the country.
- The shipping costs are covered by the Buyer, unless the total value of the order (excluding delivery costs) exceeds 150.00 EUR, in which case the Seller covers the delivery costs.
- The delivery methods offered by the Seller are specified in the "Delivery" tab located in the Online Store.
- The Product ordered by the Buyer will be delivered to the address specified by the Buyer when placing the order or to the designated pickup point.
- In case the Buyer does not pick up the Products, the Seller will request the Buyer to pick up the Products and will reimburse the Buyer for the return shipping costs and the costs of re-shipping. After the expiration of the deadline set by the Seller, if unsuccessful, the Seller will terminate the agreement and refund the Buyer the amount equivalent to the price of the ordered Products reduced by the shipping costs (regardless of whether the order value was higher than 150.00 EUR) and the return shipping costs of the unclaimed Products to the Seller.
- In case the Buyer does not pick up the Products, the Buyer is obliged to cover additional costs incurred by the Seller, such as the return shipping costs to the Seller and the costs of re-shipping.
- The Seller will include a proof of purchase covering the delivered Products in the shipment or will send the proof of purchase to the Buyer's email address, according to the Buyer's preferences.
- Buyers who require a VAT invoice should declare this at the time of placing the order by checking the appropriate box in the order form.
- The longest possible order processing time, counted in business days from the moment of receipt of payment to the moment of shipment, is 3 business days.
§7 Payment terms and methods
- Prices listed on the website are in Euro and include VAT.
- Prices listed on the website do not include shipping costs.
- The price listed with the Product is binding at the time the Buyer places the order.
The Seller provides the following payment methods:
- Payment via PayU system,
- BLIK,
- Payment via PayPal system,
- Payment via traditional bank transfer to the Seller's bank account, specifying the order number in the title.- The Buyer is obliged to make the payment at the time of placing the order, or in the case of a traditional bank transfer or unsuccessful payment, within a non-extendable period of 24 hours from the moment of placing the order. After this deadline, the Seller will request the Buyer to pay for the order within a specified period, and if unsuccessful, the Seller will terminate the agreement and cancel the placed order.
§8 Complaints
- The Seller is responsible for the conformity of the Product with the contract in relation to Consumers and Consumers' Rights Act on the basis of the Act of May 30, 2014, on Consumer Rights.
- The Seller's liability for warranty towards Buyers who are not Consumers and are not covered by the Consumers' Rights Act is excluded.
- The Seller is responsible for the lack of conformity of the Product with the contract existing at the time of its delivery and revealed within two years from that moment. It is presumed that the lack of conformity of the Product with the contract, which occurred before the expiry of two years from the delivery of the Product, existed at the time of its delivery, unless proven otherwise or unless such presumption is incompatible with the nature of the Product or the nature of the lack of conformity of the Product with the contract.
- If the Product is not in conformity with the contract, the Consumer or the Consumer who is not a Consumer may demand its repair or replacement.
- The Seller may exchange the Product when the Consumer or the Consumer who is not a Consumer requests repair, or the Seller may repair the Product when the Consumer or the Consumer who is not a Consumer requests replacement, if bringing the Product into conformity with the contract in the manner chosen by the Consumer or the Consumer who is not a Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the item into conformity with the contract.
- The Seller shall carry out repairs or replacement within a reasonable time from the moment he was informed by the Consumer or the Consumer who is not a Consumer about the lack of conformity with the contract, and without undue inconvenience to the Consumer or the Consumer who is not a Consumer, taking into account the specificity of the goods and the purpose for which the Consumer or the Consumer who is not a Consumer acquired them.
- The costs of repair or replacement, including in particular postage, transport, labor, and materials costs, shall be borne by the Seller.
- The Consumer or the Consumer who is not a Consumer is not obliged to pay for the ordinary use of the Product, which was subsequently exchanged.
If the Product is not in conformity with the contract, the Consumer or the Consumer who is not a Consumer may submit a statement on price reduction or withdrawal from the contract when:
- The Seller refused to bring the Product into conformity with the contract by repair or replacement,
- The Seller did not bring the Product into conformity with the contract by repair or replacement,
- The lack of conformity of the Product with the contract still exists, although the Seller tried to bring the Product into conformity with the contract by repair or replacement;
- The lack of conformity of the Product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior repair or replacement,
- From the Seller's statement or circumstances, it clearly follows that he will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer or the Consumer who is not a Consumer.- The reduced price must be in proportion to the price resulting from the contract, in which the value of the non-conforming Product remains to the value of the conforming Product.
- The Seller reimburses the Consumer or the Consumer who is not a Consumer the amounts due as a result of using the right to reduce the price immediately, no later than within 14 days from the date of receiving the Consumer's or the Consumer who is not a Consumer's statement on price reduction.
- The Consumer or the Consumer who is not a Consumer cannot withdraw from the contract if the lack of conformity of the Product with the contract is immaterial.
- If the lack of conformity with the contract concerns only some of the Products delivered under the contract, the Consumer or the Consumer who is not a Consumer may withdraw from the contract only with regard to those Products, as well as with regard to other Products purchased by the Consumer or the Consumer who is not a Consumer together with the non-conforming Products, if it cannot reasonably be expected that the Consumer or the Consumer who is not a Consumer would agree to keep only the Products in conformity with the contract.
- In the event of withdrawal from the contract, the Consumer or the Consumer who is not a Consumer shall return the Product to the Seller at his own expense.
- The Seller refunds the Consumer or the Consumer who is not a Consumer the price immediately, no later than within 14 days from the date of receiving the Product or the proof of its return.
- The Seller shall make the refund using the same payment method as used by the Consumer or the Consumer who is not a Consumer, unless the Consumer or the Consumer who is not a Consumer has explicitly agreed to another refund method that does not involve any costs for him.
- Complaints about Products can be submitted on the complaint form, which is Appendix No. 2 to these Terms and Conditions, or on another template.
The Product covered by the complaint should be properly secured, packaged together with the complaint form, and proof of purchase (e.g., receipt, invoice, order confirmation printout, bank account printout) and sent to the address:
Medhoodie sp. z o.o., ul. Nakielska 3, 01-106 Warszawa.
The Seller is obliged to consider the complaint within 14 days from its submission. In the event of ineffective expiration of this period, it is considered that the Consumer's request has been justified.
To expedite the complaint procedure, it is recommended to deliver to the Seller the complaint form (or other complaint statement) together with the non-compliant Product and proof of purchase.
The Seller bears the costs of delivering the complained Product and the costs of repairing or replacing the Product.
19. Consumer has 14 days to return or withdraw from the contract without giving a reason or to refer to the Act of May 30, 2014 on consumer rights, Art. 27
§9 Right of withdrawal
- Consumer and Consumer who is not a Consumer, who entered into a distance contract, may withdraw from it within 14 days without giving any reason and without incurring additional costs, except for the cost of returning the Product to the Seller.
- The period specified in paragraph 1 is counted from the day on which the Consumer or the Consumer who is not a Consumer takes possession of the item, the third party indicated by him, or the person to whom the shipment was effectively delivered to the address of the Consumer or the Consumer who is not a Consumer. To meet this deadline, it is sufficient to send a statement before its expiration.
- To withdraw from the contract, the Consumer or the Consumer who is not a Consumer may formulate the statement independently or use the template of the statement of withdrawal from the contract, which constitutes Appendix No. 1 to the Terms and Conditions.
- The Seller uses the attachment containing the template of the withdrawal form referred to in art. 12 para. 1 point 9 of the Act of May 30, 2014, on consumer rights.
- The statement of withdrawal from the contract along with the returned Product should be sent to the address: Medhoodie sp. z o.o., ul. Nakielska 3, 01-106 Warsaw.
- The Consumer is liable for any diminished value of the goods resulting from the use of the goods in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
- The Seller refunds to the Consumer or the Consumer who is not a Consumer any payments made by him within 14 days from the date of receipt of the statement of withdrawal from the Contract.
- If the Consumer chose a delivery method other than the cheapest method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer. In this case, the Seller refunds the costs of the cheapest delivery method of the Products to the Consumer or the Consumer who is not a Consumer.
- The Consumer or the Consumer who is not a Consumer who has withdrawn from the contract is obliged to return the Product no later than within 14 days from the date of withdrawal. To meet the deadline, it is sufficient to return the Product before the expiry of this period.
- The Seller makes the refund using the same payment method as used by the Consumer or the Consumer who is not a Consumer, unless the Consumer or the Consumer who is not a Consumer has expressly agreed to another refund method, provided that this method does not entail any costs for the Consumer or the Consumer who is not a Consumer.
- The Seller may withhold the refund of payments received from the Consumer or the Consumer who is not a Consumer until the item is returned or until the Consumer provides proof of its return, whichever occurs first, unless the Seller has offered to collect the item himself from the Consumer or the Consumer who is not a Consumer.
- The Seller does not accept returns sent cash on delivery.
§ 10 Protection of personal data
- Personal data of Users will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- Detailed information regarding (among other things) the data controller, the purpose and legal basis of processing personal data, the transfer of personal data to third parties, information about the necessity of providing personal data, the period of storing personal data, and rights related to the processing of personal data can be found in the Privacy Policy section.
§ 11 Liability of the Service Provider
The Service Provider shall not be liable for damages incurred by the User as a result of:
1. Improper or non-compliant use of the Internet Shop by the User;
2. Malfunction of the User's equipment;
3. Actions or omissions of the Users.- In case of suspicion of the possibility of disclosing the password to third parties, the User undertakes to immediately change the login details, including, in particular, the password, or to contact the Service Provider for this purpose.
- The User bears full responsibility for any breach of the law and any damage caused by their actions in the Internet Shop.
- The User may submit a complaint to the Seller regarding the use of free-of-charge services provided electronically by the Service Provider. Such complaint can be submitted electronically and sent to the email address: store@medhoodie.eu
- In the complaint notification, the User should include a description of the encountered problem, which is the subject of the complaint. The Service Provider shall promptly, but no later than within 14 days, consider the complaints and provide the User with a response.
§ 12 Final provisions
- In matters not regulated in this Regulation, the relevant provisions of the generally applicable law shall apply.
- This Regulation shall enter into force on January 9, 2023.
- The Seller reserves the right to amend the Regulation for valid reasons (such as changes in the generally applicable regulations, introduction of new functionalities, modification of IT systems). The Seller shall inform the Users of any changes to the Regulation by posting information about the change on the main page. Users with a User Account will additionally be notified by the Seller via email to the address provided by them in the registration form.
- The amendment to the Regulation shall come into force within 14 days from the date of publication on the Internet Shop. Archived versions of the regulation are published in the Internet Shop in the "Regulations" tab.
- For orders placed and not executed before the effective date of the new Regulation, the provisions of the Regulation applicable at the time of placing the order shall apply. However, the Consumer may consider the previously applicable Regulation less favorable than the current one and may inform the Seller of the choice of the current Regulation as binding.
- In the case of agreements concluded before the change of the Regulation, the Regulation in force on the day of conclusion of the Agreement shall apply.
The Consumer has the right to use the following out-of-court methods of pursuing claims and handling complaints:
- The possibility of requesting the initiation of proceedings for out-of-court resolution of consumer disputes under the Act of September 23, 2016, on out-of-court resolution of consumer disputes,
- Applying for the case to be heard by the Permanent Consumer Arbitration Court operating at the appropriate Provincial Inspectorate of Trade Inspection;
- Contacting the Municipal Consumer Advocate for assistance in protecting consumer interests and rights. Free assistance in protecting their rights and interests is also provided by social organizations, such as the Polish Consumer Association.- The applicable law for resolving all disputes arising under this Regulation is Polish law.
- Users who are Consumers have the option of using an out-of-court method of handling complaints and pursuing claims before the Permanent Consumer Arbitration Court at the relevant Provincial Inspectorate of Trade Inspection. Information on how to access the above-mentioned procedure and dispute resolution procedures can be found at the following address: www.uokik.gov.pl, in the "Consumer Dispute Resolution" tab. Consumers who are Users also have the option of using the EU's online platform for dispute resolution, available at the following web address: ec.europa.eu/consumers/odr.