Terms of the Online Store – www.helfio.com/sklep
I. General provisions
1. These Regulations define the general conditions and method of providing Services electronically and selling via the Online Store www.helfio.com/sklep. The store is run by Helfio spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Grzybowska 87, 00-844 Warsaw, registered in the National Court Register under KRS number: 0000745943, NIP: 5272862770, REGON: 381091332, share capital PLN 335,000.00, hereinafter referred to as the Seller.
2. Contact with the Seller takes place via: e-mail address: kontakt@helfio.com; contact form available on the Online Store website.
3. These Regulations are available on the website www.helfio.com/sklep, in a way that enables obtaining, reproducing and recording their content by printing or saving on a medium at any time.
4. The Seller informs that the use of Services provided electronically may involve a risk for every Internet user, which consists in the possibility of introducing malicious programs into the Customer’s IT system, as well as unauthorized access and modification of his data. In order to avoid the risk of the above-mentioned threats, the Customer is obliged to use appropriate technical measures to minimize their occurrence, in particular anti-virus programs.
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 running a business, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
3. Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Consumer – Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code;
5. Confirmation – a document confirming the receipt of medical devices ordered on the basis of the Order, containing the scope of data specified in part IV.C. Annex No. 1 to the Regulation of the Minister of Health of August 2, 2019 on the order for the supply of medical devices and the order for the repair of a medical device (Journal of Laws, item 1555);
6. Entrepreneur – Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
7. Regulations – this document;
8. Goods – a product available in the Online Store other than a medical device presented in the Online Store, the description of which is available for each of the presented products;
9. Sales Agreement – Sales Agreement for Goods or Medical Devices within the meaning of the Civil Code, concluded between the Seller and the Customer;
10. Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
11. Act on consumer rights – Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
12. Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
13. Act on medical devices – Act of May 20, 2010 on medical devices (Journal of Laws of 2010, No. 107, item 679, as amended);
14. Medical device – a device within the meaning of Art. 2 section 1 point 38 of the Medical Devices Act;
15. Order – the Customer’s declaration of will, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods or Medical Device;
III. Rules for using the Online Store 1. Using the online store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
1. computer or mobile phone with Internet access,
2. access to e-mail,
3. Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or newer,
4. allows cookies and JavaScript support in web browsers.
2. Using the Online Store means any activity of the Customer that leads to him becoming familiar with the content contained in the Store.
3. The client is primarily obliged to:
1. not offering or transmitting content prohibited by law, including: content promoting violence, defamation or violating the personal rights and other rights of third parties,
2. use the Online Store in a way that does not interfere with its operation, in particular using specific programs or devices, without performing activities such as: sending or publishing unsolicited information in the Online Store
3. using the Online Store in a way that does not endanger other Customers and the Seller, using all content sent through the Online Store only for personal use,
4. using the Online Store in accordance with the provisions of acts, regulations and provisions in force in the territory of the Republic of Poland, as well as general principles of using the Internet.
IV. Services
1. Through the Online Store, the Seller enables the use of free Services that are provided by the Seller 24 hours a day, 7 days a week, i.e. offers the sale of physical products and access to software, i.e. Goods, including Medical Devices.
2. The Customer has the option of sending messages to the Seller using the contact form. The contract for the provision of the Service consisting in providing an interactive form enabling Customers to contact the Seller is concluded for a fixed period of time and terminates when the Customer sends a message.
3. The Seller has the right to organize occasional competitions and promotions, the terms of which will each time be provided on the Online Store’s websites. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
V. Procedure for concluding the Sales Agreement
1. Information about the Goods and Medical Devices provided on the Store’s website, in particular their descriptions, including the name, package size, number of packages, other parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
2. All Goods and medical devices available in the Online Store are brand new, have been legally introduced to the Polish market and have compliance marks as well as other markings required by law, in particular regarding the manufacturer or importer.
3. Medical devices have markings and instructions for use in Polish or expressed using harmonized symbols or recognizable codes.
4. If an Order is placed via the Order form available on the Online Store’s website, 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 that are the subject of the Order. An offer submitted in electronic form is binding on the Customer if the Seller sends confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer and upon its receipt by the Customer, a Sales Agreement is concluded.
5. Placing an Order in the Online Store by completing the purchase on the Online Store’s website.
6. The Agreement is concluded when the Order is placed, where the Customer: accepts the content of the Order and consents to its implementation, accepts the content of the Regulations, confirms reading the instructions on withdrawal from the Agreement.
7. The sales contract is concluded in Polish, with content consistent with the Regulations.
VI. Delivery
1. Delivery of Goods or Medical Devices is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.
2. The Customer may choose the following forms of delivery of the ordered Goods or Medical Devices:
1. via inPost parcel locker
3. On the Store’s website, in the description of the Goods or Medical Device, the Seller informs the Customer about the number of business days needed to complete the Order and its delivery, as well as the amount of delivery fees for the Goods or Medical Device.
4. The delivery and execution time of the Order is counted in business days.
5. The Seller provides the Customer with a VAT invoice/bill electronically to the indicated e-mail address.
6. If different implementation periods are provided for the Goods or Medical Devices covered by the Order, the longest period among those provided applies for the entire Order.
VII. Prices and payment methods
1. Prices of Goods or Medical Devices are given in Polish zloty and include all components, including VAT, customs duties and other fees.
2. The customer can choose the following payment methods:
1. Payment by transfer
3. On the Store’s website, the Seller informs the Customer about the date by which he is obliged to make payment for the Order. If the Customer fails to pay within the period referred to in the previous sentence, the Seller, after an ineffective request for payment and setting an appropriate deadline, may withdraw from the Agreement pursuant to Art. 491 of the Civil Code.
VIII. The right to withdraw from the contract
1. Medical products after being released from the Online Store as part of the Mail Order Sale of Medicinal Products are not subject to return.
2. A package of articles containing medical devices and sold as a package with one price per package is treated as a medical device and is not subject to return.
3. The Buyer has the right to withdraw from the concluded contract in writing, subject to point. 1 and 2 without giving a reason within fourteen days from the date of conclusion of the contract pursuant to the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended). In the event of written withdrawal from the contract, the Customer is obliged to return the goods within fourteen days. The right referred to above also applies to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of provisions on the Central Registration and Information on Business.
4. The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
5. Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Contract to the Consumer’s e-mail address. 6. The right to withdraw from the Agreement by the Consumer is excluded in the case of:
7. a) 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 Seller has completed the service, he will lose the right to withdraw from the Agreement;
8. b) Agreement 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 Agreement;
9. c) Agreement in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer’s specifications or serving to meet his individual needs;
10. d) Agreements in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
11. e) Agreement in which the subject of the service is Goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
12. f) Contracts in which the subject of the service are products which, after delivery, due to their nature, are inseparably connected with other things;
13. g) Agreements in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
14. h) Agreement in which the Consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or provides Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Goods;
15. i) Contracts in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
16. j) Agreement concluded by public auction;
17. k) Agreements for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the day or period of service provision is indicated in the agreement;
18. l) Agreements for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before the deadline for withdrawing from the Agreement and after informing him by the Seller about the loss of the right to withdraw from the Agreement.
19. M) If the right of withdrawal is exercised within 14 days, the cost of returning the goods is borne by the Buyer.
20. N) The Seller is not obliged to reimburse the Consumer for additional costs incurred.
21. O) The Seller will immediately, but no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, refund the cost of the Order to the Consumer. The Seller refunds the payment by transfer to the Consumer’s account.
IX. Complaints regarding goods under warranty
1. The Seller undertakes to deliver the Goods or Medical Device without defects.
2. The Seller is liable to the Customer who is a Consumer under the warranty for defects under the terms specified in Art. 556 – 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
3. The customer may return the medical device only due to a quality defect or incorrect issue.
4. A complaint may be submitted by the Customer in two ways
1. in writing to the address of the registered office of Helfio Sp. z o. o., ul. Grzybowska 87, 00-844 Warsaw
2. in electronic form via e-mail to the following address: helfio@helfio.com
5 . 5 . In order to consider the complaint, the Customer should send or deliver the complained Goods or Medical Device, if possible, attaching proof of purchase to it. The goods or medical device should be delivered or sent to the address indicated in point. 4.1 4.1
1. The Seller undertakes to consider each complaint within 14 days.
2. If there are any deficiencies in the complaint, the Seller will ask the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
3. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded. These rules also apply to entrepreneurs making purchases for purposes unrelated to their business.
X. Complaints regarding the provision of electronic services
1. The Customer may submit complaints to the Seller in connection with the operation of the Store and the use of the Services. Complaints may be submitted in writing to the address of Helfio Sp. z o. o., ul. Grzybowska 87, 00-844 Warsaw, to the e-mail address: helfio@helfio.com.
2. In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
3. The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. If there are any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
XI. Guarantees
1. Goods sold in the Store are covered by the manufacturer’s warranty.
2. In the case specified in section 1, information regarding the existence and content of the warranty and the period for which it was granted is always presented in the description of the Goods or Medical Device on the Store’s website.
XII. Out-of-court methods of resolving complaints and pursuing claims
1. The Customer who is a Consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
1. is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
2. is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
3. 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 number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
4. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable law and the Privacy Policy, available on the Store’s website.
XIV. Final Provisions
1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may be used only in the manner specified and compliant with the Regulations.
2. The provisions regarding the Consumer contained in these Regulations regarding withdrawal from the contract and complaints apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional nature for this person, resulting from in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity. Provisions on out-of-court methods of resolving complaints and pursuing claims do not apply.
3. The settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.
5. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
6. Each Customer will be informed about any changes to these Regulations via information on the main page of the Online Store, containing a summary of the changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact within 14 days from the date of being informed about the change in the Regulations. Notifying the Seller of non-acceptance of the new content of the Regulations results in termination of the Agreement.
