Terms and Conditions of the Online Store www.bhp-ex.com
I. General Provisions
1. These Terms and Conditions define the general terms, conditions, and manner of providing Services by electronic means and sales conducted via the Online Store www.bhp-ex.com. The Store is operated by BHP-EX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (BHP-EX Limited Liability Company) with its registered office in Gniezno, at ul. Franklina Roosevelta 89/A, 62-200 Gniezno, registered by the District Court Poznań - Nowe Miasto i Wilda in Poznań, IX Commercial Division of the National Court Register, KRS 0001084696, NIP (Tax ID) 7842539430, REGON (Business ID) 52758283, with a share capital of: 100,000.00 PLN, BDO 000152286, hereinafter referred to as the Seller.
2. Contact with the Seller takes place via: a. e-mail address: gniezno@bhp-ex.com; b. telephone number: +48 732 228 500; c. contact form available on the Online Store pages; d. chat available on the store page.
3. These Terms and Conditions are continuously available on the website www.bhp-ex.com in a way that allows their acquisition, reproduction, and recording of their content by printing or saving on a carrier at any time.
4. The Seller has designated a single point of contact for communication with Customers, with the authorities of EU Member States, the EU Commission, and the Digital Services Board referred to in the DSA Regulation. Communication at this point takes place via the e-mail address indicated in point 2 above, in Polish and English.
II. Definitions
The terms used in the Regulations mean: 1. Working days – these are days from Monday to Friday, excluding public holidays;
2. Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
3. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);
4. Account – an individual panel of the Customer created in the Store based on voluntary registration, assigned to an e-mail address, enabling, among others, placing Orders, managing data, and using certain functionalities of the Store; 5. Consumer – a Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code;
6. Entrepreneur - a Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code, excluding the Entrepreneur with consumer rights;
7. Entrepreneur with consumer rights - a natural person conducting a sole proprietorship, for whom the Agreement for the provision of Services by electronic means and the Sales Agreement is directly related to their business activity, but does not have a professional character for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business;
8. Carrier - an entity or person delivering Goods ordered by the Customer;
9. Regulations – this document; 10. DSA Regulation - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
11. Goods – a product presented in the Online Store, other than a Medical Device, the description of which is available with each of the presented products;
12. Medical Device – a device within the meaning of Art. 2 point 1 of the Regulation on Medical Devices;
13. Regulation on Medical Devices – Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ EU L 2017 No. 117, p. 1 as amended);
14. Sales Agreement – a Sales Agreement for Goods or Medical Devices within the meaning of the Civil Code, concluded between the Seller and the Customer;
15. Electronic Services – services provided by the Seller to Customers by electronic means within the meaning of the provisions of the Act of July 18, 2002, on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
16. Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827);
17. Act on the provision of services by electronic means – the Act of July 18, 2002, on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
18. Order – the Customer's declaration of intent, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods or Medical Devices.
III. Rules for Using the Store
1. The Seller informs that the use of Services provided electronically may involve a risk on the part of every Internet user, consisting of the possibility of introducing harmful software into the Customer's teleinformatic system and the acquisition and modification of their data by unauthorized persons. To avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures that will minimize their occurrence, in particular anti-virus programs and a firewall.
2. Use of the Online Store is possible provided that the teleinformatic system used by the Customer meets the following minimum technical requirements:
a. a computer or mobile device with Internet access,
b. access to electronic mail,
c. web browser Microsoft Edge, Mozilla Firefox, Google Chrome, Opera, Safari - in a version from the last 12 months,
d. enabling Cookies and Javascript in the web browser.
3. Using the Online Store means any action of the Customer that leads to them becoming familiar with the content contained in the Store.
4. The Customer is obliged in particular to:
a. not delivering or transmitting content prohibited by law, e.g., content promoting violence, defamatory content, or content violating personal rights and other rights of third parties,
b. using the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
c. not taking actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
d. using the Online Store in a way that is not burdensome for other Customers and for the Seller,
e. using any content posted within the Online Store only for personal use,
f. using the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, and the general rules of using the Internet.
IV. Electronic Services
1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by filling in and accepting the registration form made available on one of the pages of the Online Store. The agreement for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated upon the Customer sending a request to delete the Account.
3. The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). For this purpose, a correct e-mail address should be provided or the appropriate field in the registration form or Order form should be activated. The Customer may withdraw consent to receive commercial information at any time. The agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated when the Customer sends a request to remove their e-mail address from the Newsletter subscription or unsubscribes using the link found in the content of the message sent as part of the Newsletter Service.
4. The Customer has the option of sending messages to the Seller using the contact form. The agreement for the provision of the Service consisting in making an interactive form available to enable Customers to contact the Seller is concluded for a fixed period and is terminated when the message is sent by the Customer.
5. The Customer has the option of adding Goods or Medical Devices to comparison. The agreement for the provision of the Service consisting in adding Goods to comparison is concluded for a fixed period and is terminated when the browser session is ended by the Customer.
6. A Customer who has an Account, after logging in, has the option of adding Goods or Medical Devices to the wish list. The agreement for the provision of the Service consisting in adding Goods or Medical Devices to the wish list is concluded for a fixed period and is terminated when the Goods or Medical Devices are removed from the list or the browser session is ended by the Customer.
7. The Customer has the option of sending messages to the Seller using the "ask about product" form available on the card of each Good or Medical Device. The agreement for the provision of the Service consisting in making the interactive "ask about product" form available, enabling Customers to contact the Seller regarding Goods or Medical Devices, is concluded for a fixed period and is terminated when the message is sent by the Customer.
8. In the case of Goods or Medical Devices that are not available in the Seller's warehouse, the Customer has the option of receiving a notification when the Good or Medical Device is available via the "notify of availability" Service. The provision of the Service is possible by indicating the e-mail address to which the notification is to be sent. The agreement for the provision of the Service consisting in selecting the option to notify about the availability of the Good or Medical Device is concluded for a fixed period and is terminated upon clicking the "notify of availability" button.
9. The Seller has the right to organize occasional competitions and promotions, the terms of which will be provided on the Store's website each time. Promotions in the Online Store are not cumulative unless the Regulations of a given promotion state otherwise.
10. The Seller has the right to grant selected Entrepreneurs access to individual discounts or wholesale prices for selected Goods.
11. The criteria on based on which the Seller selects Entrepreneurs entitled to use individual discounts or wholesale prices are determined at the Seller's sole discretion and may include, among others, purchase history, order volume, and other business factors.
12. The Seller may grant individual discounts or wholesale prices in the form of:
a. Fixed percentage reductions on selected Goods;
b. Individual price lists adapted to the needs of a specific Entrepreneur;
c. Periodic special promotions.
13. The decision to grant access to individual discounts or wholesale prices is a unilateral decision of the Seller and is not subject to appeal or complaint. 14. Entrepreneurs who have been granted access to individual discounts or wholesale prices will be informed of this fact by electronic means to the e-mail address provided by them.
15. The Seller reserves the right to change, suspend, or withdraw individual discounts or wholesale prices at any time, without giving a reason, about which Entrepreneurs will be informed via e-mail to the address provided during registration.
16. In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after an ineffective request to cease or remove the breaches, setting an appropriate deadline, may terminate the agreement for the provision of Services with a 14-day notice period.
V. Sales Agreement Conclusion Procedure
1. Information about Goods or Medical Devices provided on the Store's website, in particular their descriptions, technical and utility parameters, and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
2. All Goods or Medical Devices available in the Online Store have been legally introduced to the Polish market and are in accordance with the Agreement, with the exception of used Goods, whose specific feature deviates from the requirements of compliance with the Agreement. The Seller will inform the Customer in the description of the Good which features of the Good deviate from the requirements of compliance with the Agreement and will provide the Customer with technical means enabling the Customer to separately and clearly accept such features.
3. In the event that the Seller uses mechanisms of individual price adjustment based on automated decision-making, it will provide this information to the Consumer each time during the placing of the Order, taking into account the requirements imposed in this regard by the provisions on personal data protection.
4. Actions aimed at concluding an Agreement between the Seller and the Entrepreneur, and in particular placing an Order, may be performed only by persons duly authorized to act on behalf of the Entrepreneur. It is assumed that the person placing the Order is a person authorized by the Entrepreneur for these actions.
5. The condition for placing an Order is having an active e-mail account.
6. In the case of placing an Order via the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods or Medical Devices being the subject of the Order. The offer submitted in electronic form is binding for the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the e-mail address provided by the Customer, which constitutes the Seller's statement of acceptance of the Customer's offer and upon its receipt by the Customer, the Sales Agreement is concluded.
7. Placing an Order in the Online Store via telephone or by sending an electronic message takes place on Working Days and hours indicated on the Online Store website. For this purpose, the Customer should: a. provide during the telephone conversation or in the content of the electronic message addressed to the Seller the name of the Good or Medical Device from among the Goods or Medical Devices on the website of the Store and its quantity, b. indicate the delivery method and form of payment from among the delivery and payment methods provided on the Store website, c. provide the data needed to complete the Order, in particular: name and surname, place of residence, and e-mail address.
8. Information on the total value of the Order referred to in the point above is provided each time by the Seller orally after completing the entire Order or by informing via electronic message along with information that the conclusion of the Sales Agreement by the Customer entails an obligation to pay for the ordered Good or Medical Device; at that moment, the Sales Agreement is concluded.
9. In the case of a Customer who is a Consumer, the Seller each time after placing an Order via telephone or e-mail sends the Customer confirmation of the terms of the Order placed.
10. The Agreement is concluded when the Customer, who is a Consumer, sends (in response to the confirmation of the Order terms sent by the Seller) an electronic message to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order and agrees to its execution and accepts the content of the Regulations and confirms becoming familiar with the instruction on withdrawal from the Agreement.
11. In the case of some Goods presented in the Store, there is a possibility of their personalization, consisting in marking the Good using a method agreed between the Customer and the Seller, in accordance with the design or indication of the Customer. Information on the possibility of adjusting the Good by the Customer, referred to in the previous sentence, is provided each time in the description of the Good.
12. Placing an Order for a personalized Good in accordance with the Customer's guidelines is possible via the Order form, in accordance with the procedure indicated in points 5 – 9 above. For this purpose, the Customer should provide in the content of the Order form the necessary parameters or a visualization of the marking pattern to which the Good is to be adjusted. The Seller may indicate guidelines on the Store's website in what form the Customer is to send the visualization of the marking pattern to which the Good is to be adjusted. Furthermore, the Seller is entitled to ask the Customer questions in order to determine the appearance of the Good so that it reflects the specification indicated by the Customer.
13. By sending guidelines or their visualization related to the personalization of the Good, the Customer grants the Seller a non-transferable, non-exclusive, and territorially unlimited license to perform the Order and to use the sent content by recording, entering it into computer memory, entering it into a computer network, entering it into the Internet, reproducing and making the marking pattern or its visualization available in information and teleinformatic networks, including the Internet, also in such a way that everyone can have access to them at a place and time of their choice. The granted license includes the right of sublicensing, including the right to authorize other persons to use the content sent by the Customer within the scope of the granted license.
14. By sending guidelines or visualization referred to in point 14 above, the Customer declares that they have copyrights to the sent content, that the rights of third parties will not be violated by sending this content, that the sent content is not burdened with any claims and other rights of third parties and that they are fully entitled to grant a license to the Seller, as referred to in point 14 above.
15. After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
16. The Seller reserves the right to refuse to execute an Order with respect to an Entrepreneur, in particular, when the Order does not contain all essential data, when the Entrepreneur is delayed with any payment to the Seller, or for other reasons indicated by the Seller.
17. The Seller will inform the Entrepreneur about the refusal to execute the Order, regardless of the reason, via telephone or e-mail.
18. With respect to Entrepreneurs, the Seller may at any time withdraw from the Agreement in whole or in part. In the event that the Order is executed in parts, the withdrawal is effective only in relation to the part of the Order that has not been executed, and in particular, which has not been released to the Carrier, unless the content of the Seller's statement of withdrawal from the Agreement states otherwise.
19. The Seller sends a statement of withdrawal from the Agreement by e-mail to the e-mail address indicated by the Entrepreneur in the Order.
20. The Sales Agreement is concluded in Polish, English, Russian, or Ukrainian, with content consistent with the Regulations.
VI. Delivery
1. Delivery of Goods and Medical Devices is limited to the territory of the European Union and is carried out to the address indicated by the Customer during the placement of the Order.
2. Delivery of Goods to Entrepreneurs is payable on the terms and in the amount specified in the Order.
3. Delivery of Goods takes place via a Carrier, i.e., via a courier company, delivered to a Parcel Locker (Paczkomat), or by the Seller's own transport.
4. In addition to the delivery methods indicated in point 3 above, the Customer may also pick up the Good at the Seller's personal collection point.
5. At the time of releasing the Goods being the subject of the Order placed by the Entrepreneur to the Carrier, the benefits and burdens associated with the item and the risk of accidental loss or damage to the item pass to the Customer.
6. Delivery is carried out on Working Days. The Seller may individually arrange delivery with the Customer also on days other than Working Days.
7. Delivery of Goods will take place within the time indicated by the Seller.
8. The Entrepreneur, after receiving the delivery of Goods, is obliged to check their condition. In the event of finding damage or other reservations during the receipt of the Good by the Entrepreneur, a report of reservations should be drawn up in the presence of the Carrier, precisely specifying the quantity and type of Goods and their damage in accordance with the procedure applicable at a given Carrier.
9. With respect to Entrepreneurs, the Seller is not responsible for the actions of the Carrier.
10. The Seller is not liable for damages resulting from incorrect or incomplete data provided by the Entrepreneur during the placement of the Order, as well as those caused by providing incorrect contact details or receipt address.
11. It is assumed that the person collecting the Goods on behalf of the Entrepreneur is a person authorized by them to collect the delivery and sign in their name on the delivery document, as well as to perform other activities related to it.
12. In the case of a one-time failure by the Entrepreneur to pick up the Ordered Goods, if they were delivered via a Carrier, the Seller may, at its choice, set another date for receipt or delivery of the Order for the Entrepreneur or terminate the Agreement immediately with the Entrepreneur or withdraw from the Agreement, on the terms indicated in these Regulations. Furthermore, the Entrepreneur is obliged to pay the costs incurred by the Seller for the failure to pick up the Goods referred to in this point and the cost of shipping the Good.
13. The Entrepreneur undertakes to pay all costs incurred by the Seller for the failure by the Entrepreneur to pick up the Ordered Goods.
14. The Seller is not liable for any damages occurring on the part of the Entrepreneur as a result of waiting for loading by transport organized by the Entrepreneur, as a result of failure to adapt to the date of receipt of the Goods indicated in the Order or determined by the Seller.
15. The Seller informs the Customer who is a Consumer or an Entrepreneur with consumer rights on the Online Store pages in the description of the Good or Medical Device about the number of Working Days needed to complete the Order and its delivery, as well as about the amount of delivery fees for the Good or Medical Device.
16. The delivery and Order execution time is calculated in Working Days in accordance with point VII point 2.
17. The Seller provides the Customer with a proof of purchase.
18. If a different execution period is provided for the Goods or Medical Devices covered by the Order, the longest period among those provided shall apply to the entire Order.
VII. Prices and Payments
1. Prices of Goods and Medical Devices are given in Polish zlotys or euros according to the Customer's choice and include all components, including VAT, customs duties, and other fees.
2. The Customer may choose the following payment methods:
a. bank transfer to the Seller's bank account (in this case, execution of the Order will begin after the Seller sends confirmation of acceptance of the Order to the Customer, and shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
b. cash on personal collection - payment at the Seller's personal collection point (in this case, execution of the Order will be made immediately after the Seller sends confirmation of acceptance of the Order to the Customer, and the Good or Medical Device will be released at the Seller's personal collection point);
c. cash on delivery, payment to the supplier upon delivery (in this case, execution of the Order and its shipment will begin after the Seller sends confirmation of acceptance of the Order to the Customer and the Order is completed);
d. electronic payment (in this case, execution of the Order will begin after the Seller sends confirmation of acceptance of the Order to the Customer and after the Seller receives information from the settlement agent's system about the payment made by the Customer, and shipment will be made immediately after completing the Order);
e. deferred payment (in this case, execution of the Order will begin after the Seller sends confirmation of acceptance of the Order to the Customer, its completion, and after receiving payment for the ordered Good or Medical Device from Krajowy Integrator Płatności S.A. with its registered office in Poznań).
3. The Seller may also enable the Entrepreneur to use a payment method consisting in deferring the payment deadline, hereinafter referred to as "Trade Credit". In this case, execution of the Order will begin after the Seller sends confirmation of acceptance of the Order to the Entrepreneur, and shipment will be made immediately after completing the Order. The payment deadline will be set individually with the Entrepreneur. The payment deadline may not exceed 90 days.
4. The decision to grant a Trade Credit and its terms, in particular its maximum amount and payment deadline, is determined by the Seller individually in relation to each Customer.
5. In order to obtain information on the rules for granting a Trade Credit, the Customer contacts the Seller individually.
6. The Seller has the option to refuse to grant a Trade Credit to the Customer or to change its amount at any time without giving a reason. The above provision does not apply to Sales Agreements concluded before the change in the amount of the Trade Credit by the Seller. Information about the refusal to grant a Trade Credit or about a change in its amount is provided by the Seller via e-mail to the Customer's address indicated by the Customer during contact with the Seller.
7. The Seller informs the Customer on the Store's website about the date by which they are obliged to make payment for the Order. In the absence of payment by the Customer within the period referred to in the previous sentence, the Seller, after a prior ineffective request for payment with an appropriate deadline, may withdraw from the Agreement on the basis of Art. 491 of the Civil Code.
8. The Entrepreneur will not set off or deduct amounts claimed or due from the Seller, under another obligation that connects them with the Seller, or from the remuneration due to the Seller from the Entrepreneur, unless the parties have decided otherwise under separate arrangements.
9. The Seller has the right to withhold the execution of Orders or delivery of Goods or may withdraw from the Agreement in whole or in part in the event of a delay in payments by the Entrepreneur to the Seller. From this title, the Entrepreneur is not entitled to any present or future claims for damages or lost profits that may result in connection with the withholding of deliveries.
VIII. Right of Withdrawal - Returns
1. A Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiry.
2. The Consumer may formulate the statement independently or use the model statement provided by the Seller on the Store's website.
3. The 14-day period counts from the day on which the delivery of the Good or Medical Device took place, or in the case of an Agreement for the provision of Services, from the day of its conclusion.
4. Upon receipt of the statement of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer's e-mail address.
5. The right to withdraw from the Agreement by the Consumer is excluded in the case of:
a. Agreements for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the provision that after the performance of the service by the entrepreneur, they will lose the right to withdraw from the agreement, and has acknowledged it;
b. Agreements in which the subject of the service is a non-prefabricated Good, produced according to the Consumer's specification, or serving to satisfy their individualized needs;
c. Agreements in which the subject of the service is a Good delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;
d. Agreements in which the subject of the service are products which after delivery, due to their nature, are inseparably connected with other items.
6. Other exceptions to the right to withdraw from the Agreement are indicated in Art. 38 paragraph 2 of the Consumer Rights Act.
7. In the case of Sales Agreements whose subject are Medical Devices, the right to withdraw from the Agreement by the Consumer is excluded in the cases indicated in point 5 above.
8. In the case of withdrawal from a distance Agreement, the Agreement is considered not concluded. What the parties have provided shall be returned in an unchanged state, unless the change was necessary to determine the nature, characteristics, and functionality of the Good or Medical Device. The return should take place immediately, no later than within 14 days. The purchased Good or Medical Device should be returned to the Seller's address.
9. The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return to the Consumer all payments made by them, including the costs of delivering the Good or Medical Device. The Seller makes the return of payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of return, whereby this method will not involve any cost for the Consumer. The Seller may withhold the return of payments received from the Customer until the Good or Medical Device is received back or until the Customer provides proof of its return, whichever occurs first, unless the Seller has offered to pick up the Good or Medical Device from the Customer themselves.
10. If the Consumer has chosen a method of delivering the Good or Medical Device other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to return to the Consumer the additional costs incurred by them.
11. The Consumer bears only the direct cost of returning the Good or Medical Device, unless the Seller has agreed to bear this cost.
12. The provisions contained in this section also apply to the Entrepreneur with consumer rights.
IX. Complaints regarding Goods and Medical Devices - Warranty
1. The Seller undertakes to deliver a Good in accordance with the Agreement, with the exception of used Goods, whose specific feature deviates from the requirements of compliance with the Agreement. The Seller will inform the Customer about the lack of a specific feature deviating from the requirements of compliance with the Agreement.
2. The Seller is liable for the lack of conformity of the Good with the agreement on the terms specified in the Consumer Rights Act towards a Customer who is a Consumer or an Entrepreneur with consumer rights.
3. The Seller is liable for the lack of conformity of the Good with the agreement existing at the time of its delivery and revealed within 2 years from that time, unless the shelf life of the Good, specified by the entrepreneur, their legal predecessors, or persons acting on their behalf, is longer.
4. In the case of Customers who are Entrepreneurs, the Seller's liability under the implied warranty (rękojmia) for physical and legal defects is limited to 12 months from the date of release of the Good or Medical Device.
5. The Seller is liable for the non-conformity of Medical Devices with the Agreement. The provisions set out in Art. 43a - 43g of the Consumer Rights Act apply accordingly.
6. In the event that separate legal provisions provide for more favorable rules in the field of non-conformity of Medical Devices in relation to Customers who are Consumers or Entrepreneurs with consumer rights than point 2 - more favorable provisions apply.
7. Complaints resulting from the violation of the Customer's rights guaranteed legally or on the basis of these Regulations should be directed to the address BHP-EX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Franklina Roosevelta 89/A, 62-200 Gniezno, to the e-mail address: reklamacje@bhp-ex.com, telephone number +48 732 228 500.
8. The Customer makes the complained Good or Medical Device available to the Seller. The Seller collects the Good or Medical Device from the Customer at its own expense. 9. The Seller undertakes to consider each complaint within 14 days from the date of its receipt.
10. In the event of deficiencies in the complaint, the Seller will request the Consumer or Entrepreneur with consumer rights to complete it in the necessary scope immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
11. The Seller is not liable to the Entrepreneur, in particular in the case of storage, transport, or use of Goods inconsistent with the information contained in the Good description or Good labels.
12. The Seller's liability for lost profits in relation to the Entrepreneur is excluded.
13. Any liability of the Seller resulting from the Sales Agreement or the provision of Services to the Entrepreneur is limited to half of the amount resulting from the last Order placed by the Entrepreneur.
14. The Entrepreneur is not entitled to any claims against the Seller due to claims of third parties resulting from the use of the Goods.
X. Complaints regarding the provision of services by electronic means
1. The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints can be submitted in writing to the address: BHP-EX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Franklina Roosevelta 89/A, 62-200 Gniezno, to the e-mail address: reklamacje@bhp-ex.com, telephone number +48 732 228 500.
2. In the complaint, the Customer should provide their name and surname, correspondence address, type and description of the problem that occurred.
3. The Seller undertakes to consider each complaint within 14 days from the date of its receipt. In the event of deficiencies in the complaint, the Seller will request the Customer to complete it in the necessary scope within 7 days from the date of receipt of the request by the Customer.
XI. Intellectual Property
1. The Entrepreneur undertakes not to use trademarks, trade names, or symbols of the Seller without the Seller's prior consent.
2. Any drawings, specifications, technical cards, advertising materials, or other materials made available by the Seller to the Entrepreneur or publicly are the exclusive property of the Seller. The Entrepreneur will not make changes to these materials without the Seller's prior consent.
3. The Entrepreneur, independently or on the basis of an appropriate authorization, grants the Seller a free, non-exclusive, and unlimited in time and territory license to use the Entrepreneur's business logo for the Seller's own business purposes in the following fields of exploitation: recording, reproduction by any technique, entering the work into computer memory and into a computer network, public display or reproduction on the Internet, and in particular on the Seller's websites.
4. The Entrepreneur agrees to include the aforementioned data in the Seller's customer list, available, among others, on the Seller's websites.
XII. Out-of-court ways of resolving complaints and pursuing claims
1. A Customer who is a Consumer has, among others, the following possibilities to use out-of-court ways of considering complaints and pursuing claims:
a. is entitled to apply to a permanent amicable consumer court acting at the Trade Inspection with a request to resolve a dispute resulting from the concluded Sales Agreement;
b. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding an amicable settlement of the dispute between the Customer and the Seller;
c. may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.
XIII. Personal Data Protection
The personal data provided by Customers is collected and processed by the Seller in accordance with applicable law and in accordance with the Privacy Policy available on the Store's website.
XIV. Final Provisions
1. The Entrepreneur is obliged to immediately notify the Seller of any changes in addresses for service, authorizations, powers of attorney, under penalty of recognizing correspondence and execution of Orders placed by previously authorized persons as valid and recognizing service at the last indicated address as effective.
2. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, Internet domain, Online Store website, as well as to forms, logos belong to the Seller, and their use may take place only in a manner specified and consistent with the Regulations.
3. The provisions contained in these Regulations regarding the Consumer, in the subject of withdrawal from the agreement and complaints, apply to Entrepreneurs with consumer rights. Provisions on out-of-court ways of resolving complaints and pursuing claims do not apply.
4. Settlement of any disputes arising between the Seller and a Customer who is a Consumer or an Entrepreneur with consumer rights shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure. 5. Settlement of any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court competent for the Seller's registered office.
6. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Consumer Rights Act, and other relevant provisions of Polish law shall apply.
7. Every Customer will be informed about any changes to these Regulations through information on the main page of the Online Store containing a summary of changes and the date of their entry into force. 8. Customers who have an Account will be additionally informed about changes along with their summary to the e-mail address indicated by them. The period for entry into force of the changes will not be shorter than 14 days from the date of their announcement. In the event that a Customer who has a Customer Account does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact within 14 days from the date of notification of the change to the Regulations. Notifying the Seller of the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.