Online Store Terms and Conditions - www.sharg.pl

I. General Provisions

1. These Terms and Conditions define the general terms, the manner of providing Services electronically, and sales conducted through the Online Store www.sharg.pl. The Store is operated by SHARG AG SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, at ul. Rożnowska 6, 04-213 Warsaw, registered by the District Court for the capital city of Warsaw in Warsaw, XIV Commercial Division of the National Court Register, KRS 0000948950, NIP 1133050109, REGON 521089940, BDO 000516251, with share capital in the amount of: 2,420,000.00 PLN, hereinafter referred to as the Seller.
2. Contact with the Seller is possible via:
   • email address: kontakt@sharg.pl;
   • phone number: +48 511437999;
   • contact form available on the Online Store's websites.
3. These Terms and Conditions are continuously available on the website www.sharg.pl, in a manner allowing their acquisition, reproduction, and recording of their content by printing or saving on a medium at any time.
4. The Seller informs that using Services provided electronically may involve risks for every Internet user, consisting of the possibility of introducing harmful software into the Client's ICT system and obtaining and modifying their data by unauthorized persons. To avoid the risk of the aforementioned threats, the Client should apply appropriate technical measures that will minimize their occurrence, in particular antivirus programs and a firewall.

II. Definitions

The terms used in the Terms and Conditions mean:

1. Business Days – these are days from Monday to Friday, excluding public holidays;
2. Client – 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 – Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);
4. Account – a part of the Online Store assigned to a given Client, through which the Client can perform specific actions within the Online Store;
5. Consumer – a Client who is a consumer within the meaning of Art. 22[1] of the Civil Code;
6. Entrepreneur – a Client who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
7. Terms and Conditions – this document;
8. Goods – a product presented in the Online Store, other than a Medical Device, whose description is available with each presented product;
9. Sales Agreement – a Sales Agreement for Goods or Medical Devices within the meaning of the Civil Code, concluded between the Seller and the Client;
10. Services – services provided by the Seller to Clients 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. Consumer Rights Act – Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
12. Act on the provision of electronic services – Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
13. Regulation on medical devices – Regulation (EU) 2017/745 of the European Parliament and of the Council of April 5, 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. of 2017 No. 117, p. 1 as amended);
14. Medical Device – a device within the meaning of Art. 2 point 1 of the Regulation on medical devices;
15. Order – a declaration of will of the Client, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods or Medical Device.

III. Rules for using the Online Store

1. Using the Online Store is possible provided that the ICT system used by the Client meets the following minimum technical requirements:
   • a computer or mobile device with Internet access,
   • access to electronic mail,
   • web browser Microsoft Edge version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x or newer,
   • enabling Cookies and Javascript in the web browser.
2. Using the Online Store means any action of the Client that leads to them becoming familiar with the content contained in the Store.
3. The Client is obliged in particular to:
   • not provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
   • use the Online Store in a way that does not disrupt its functioning, in particular through the use of specific software or devices,
   • not take actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
   • use the Online Store in a way that is not burdensome for other Clients and for the Seller,
   • use any content posted within the Online Store only for their own personal use,
   • use 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 Terms and Conditions, as well as with the general principles of using the Internet.

IV. 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 Account management Service in the Online Store is available after registration. Registration takes place by completing and accepting the registration form available on one of the Online Store's pages. The Agreement for the provision of the Service consisting of maintaining an Account in the Online Store is concluded for an indefinite period and is terminated upon the Client sending a request to delete the Account.
3. The Client may receive commercial information from the Seller in the form of messages sent to the email address provided by the Client (Newsletter Service). For this purpose, a valid email address must be provided or the appropriate field activated in the registration form or Order form. The Client may withdraw consent to sending commercial information at any time. The Agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated upon the Client sending a request to remove their email address from the Newsletter subscription or unsubscribing using the link contained in the message sent as part of the Newsletter Service.
4. The Client may send messages to the Seller using the contact form. The Agreement for the provision of the Service consisting of providing an interactive form enabling Clients to contact the Seller is concluded for a fixed period and is terminated upon the Client sending the message.
5. The Client may post individual and subjective statements in the Online Store relating, among others, to the Goods or the course of the transaction. By adding statements, the Client declares that they have all rights to this content, in particular property copyrights, related rights, and industrial property rights. The Agreement for the provision of the service consisting of posting opinions about Goods in the Online Store is concluded for a fixed period and is terminated upon adding the opinion.
6. Statements should be drafted in a clear and understandable manner, and must not violate applicable legal provisions, including the rights of third parties – in particular, they must not be defamatory, violate personal rights, or constitute an act of unfair competition. Posted statements are disseminated on the Online Store's websites.
7. By posting a statement, the Client consents to the free use of this statement and its publication by the Seller, as well as to making adaptations of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).
8. The Client may ask the Seller a question using the "Ask a question" form. The Agreement for the provision of the Service consisting of providing the interactive "Ask a question" form enabling Clients to contact the Seller is concluded for a fixed period and is terminated upon the Client sending the message.
9. The Client may add Goods or Medical Devices to the "shopping list". The Agreement for the provision of the Service consisting of adding Goods to the "Favorites" list is concluded for a fixed period and is terminated upon removing the Goods from the list or ending the browser session by the Client.
10. The Client may compare Goods or Medical Devices using the "Add to comparison" Service. The Agreement for the provision of the Service consisting of comparing Goods or Medical Devices is concluded for a fixed period and is terminated upon removing the Goods or Medical Devices from the list of compared Goods or Medical Devices or ending the browser session by the Client.
11. The Seller provides Clients with a blog integrated with the Online Store's website, on which it presents content constituting a collection of articles selected by the Seller, reflecting its subjective feelings and opinions.
12. The Client may browse information posted in the Store, including content posted on the blog. The Agreement for the provision of the Service consisting of browsing information posted in the Store, including content posted on the blog, is concluded for a fixed period and is terminated upon the user closing the Online Store's website or the subpage containing the blog.
13. The Seller has the right to organize occasional contests and promotions, the terms of which will be provided each time on the Online Store's websites. Promotions in the Online Store cannot be combined, unless the terms of a given promotion provide otherwise.
14. In the event of the Client violating the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease or remove the violations, with an appropriate deadline, may terminate the Agreement for the provision of Services with 14 days' notice.

V. Procedure for concluding a Sales Agreement

1. Information about Goods or Medical Devices provided on the Online Store's websites, in particular their descriptions, technical and performance 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 are brand new, compliant with the Agreement, and have been legally introduced to the Polish market.
3. In the event that the Seller applies mechanisms for individual price adjustment based on automated decision-making, it will inform the Consumer each time when placing an Order, taking into account the requirements imposed in this regard by personal data protection regulations.
4. Medical Devices have markings and instructions for use in Polish or expressed using harmonized symbols or recognizable codes.
5. A condition for placing an Order is having an active email account.
6. In the case of placing an Order via the Order form available on the Online Store's website, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods or Medical Devices being the subject of the Order. An offer submitted in electronic form binds the Client if the Seller sends confirmation of acceptance for execution of the Order to the email address provided by the Client, which constitutes the Seller's declaration of acceptance of the Client's offer and upon receipt by the Client, a Sales Agreement is concluded.
7. Placing an Order in the Online Store via telephone, by sending an email message, or by sending a message via the contact form takes place on Business Days and hours indicated on the Online Store's website. For this purpose, the Client should:
   • provide during the telephone conversation, in the content of the email message, or in the content of the message sent via the contact form addressed to the Seller, the name of the Goods or Medical Device from among the Goods or Medical Devices on the Online Store's website and its quantity,
   • indicate the method of delivery and payment method from among the delivery and payment methods provided on the Online Store's website,
   • provide data necessary for the execution of the Order, in particular: name and surname, place of residence, and email 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 email along with information that concluding a Sales Agreement by the Client entails the obligation to pay for the ordered Goods or Medical Device, at that moment a Sales Agreement is concluded.
9. In the case of a Client who is a Consumer, the Seller each time after placing an Order via telephone, email, or contact form sends the Client confirmation of the conditions of the placed Order.
10. The Agreement is concluded when the Client, who is a Consumer (in response to confirmation of the Order conditions sent by the Seller), sends an email message to the Seller's email address, in which the Client: accepts the content of the sent Order and agrees to its execution, and accepts the content of the Terms and Conditions and confirms familiarity with the instruction on withdrawal from the Agreement.
11. After concluding the Sales Agreement, the Seller confirms its conditions to the Client by sending them to the Client's email address or in writing to the address provided by the Client.
12. The Sales Agreement is concluded in Polish or English, with content consistent with the Terms and Conditions.

VI. Delivery

1. Delivery of Goods or Medical Devices is carried out to the address indicated by the Client when placing the Order.
2. Delivery of selected Goods or Medical Devices is carried out after age verification and the identity document indicated when placing the Order.
3. The Client may choose the following forms of delivery of ordered Goods or Medical Devices:
   • via a courier company;
   • via a postal operator;
   • delivered to a Parcel Locker;
   • personal collection at the Seller's personal collection point.
4. The Seller on the Online Store's websites in the description of the Goods or Medical Device informs the Client about the number of Business Days needed to execute the Order and its delivery, as well as the amount of delivery fees for the Goods or Medical Device.
5. The delivery and execution deadline of the Order is counted in Business Days in accordance with point VII subpoint 2.
6. The Seller provides the Client with proof of purchase.
7. If different execution periods are provided for Goods or Medical Devices covered by the Order, the longest period applies to the entire Order.

VII. Prices and payment methods

1. Prices of Goods or Medical Devices are given in Polish zloty, British pounds, US dollars, euros according to the Client's choice and include all components, including VAT, customs duties, and other fees.
2. The Client may choose the following payment methods:
   • bank transfer to the Seller's bank account (in this case, execution of the Order will begin after the Seller sends the Client confirmation of acceptance of the Order, and shipment will be made immediately after funds are credited to the Seller's bank account and the Order is completed);
   • cash on personal collection - payment at the Seller's personal collection point (in this case, execution of the Order will be completed immediately after the Seller sends the Client confirmation of acceptance of the Order, and the Goods or Medical Device will be released at the Seller's personal collection point);
   • 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 the Client confirmation of acceptance of the Order and completion of the Order);
   • electronic payment (in this case, execution of the Order will begin after the Seller sends the Client confirmation of acceptance of the Order and after the Seller receives information from the settlement agent's system about the payment made by the Client, and shipment will be made immediately after completing the Order).
3. Among the payment methods referred to in subpoint 2 above, the Client may choose, among others: BLIK payments, payment card, electronic transfer via the external payment system imoje, operated by ING Bank Śląski S.A. with its registered office in Katowice.
4. The Seller on the Online Store's websites informs the Client about the deadline by which they are obliged to make payment for the Order. In the event of non-payment by the Client within the deadline referred to in the previous sentence, the Seller, after an ineffective call for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Art. 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

1. A Client who is a Consumer may withdraw from the Agreement without giving reasons by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiry.
2. The Client may formulate the statement independently or use the statement template provided by the Seller on the Store's website.
3. The 14-day period is counted from the day on which the Goods were delivered or, in the case of a Service Agreement, from the day of its conclusion.
4. The Seller, upon receipt of the Consumer's statement of withdrawal from the Agreement, will send confirmation of receipt of the withdrawal statement to the Consumer's email address.
5. The right to withdraw from the Agreement by the Consumer is excluded in the case of:
   • Service Agreements 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 service that after the Seller fulfills the service, they will lose the right to withdraw from the agreement, and has acknowledged this;
   • Agreements where 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 for withdrawal from the Agreement;
   • Agreements where the subject of the performance is a non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs;
   • Agreements where the subject of the performance is Goods liable to deteriorate quickly or having a short shelf life;
   • Agreements where the subject of the performance is Goods delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery;
   • Agreements where the subject of the performance are products which, due to their nature, become inseparably connected with other items after delivery;
   • Agreements where the subject of the performance are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
   • Agreements where the Consumer explicitly requested that the Seller come to them for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the right to withdraw from the Agreement applies to the Consumer with respect to additional services or Goods;
   • Agreements where the subject of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
   • Agreements for the supply of journals, periodicals or magazines, with the exception of subscription Agreements;
   • Agreements concluded by public auction;
   • Service Agreements for which the Consumer is obliged to pay the price, where the Consumer explicitly requested the Seller to come to them for repair, and the service has already been fully performed with the express and prior consent of the Consumer.
   • Agreements for accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the day or period of service provision;
   • Agreements for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller began performance with the express and prior consent of the Consumer, who was informed before the start of performance that after the Seller fulfills the performance, they will lose the right to withdraw from the agreement, and has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Art. 15 (1) and (2) or Art. 21 (1) of the Consumer Rights Act.
6. Other exceptions to the right to withdraw from the Agreement are indicated in Art. 38 (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 a, c-f, h above.
8. In the event of withdrawal from a distance Agreement, the Agreement is considered not concluded. What the parties have provided is returned in an unchanged state, unless the change was necessary to establish the nature, characteristics, and functionality of the Goods or Medical Device. The return should take place immediately, no later than within 14 days. The purchased Goods or Medical Device should be returned to the Seller's address.
9. The Seller immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, will refund all payments made by the Consumer, including the costs of delivering the Goods or Medical Device. The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different refund method, which will not involve any costs for the Consumer. The Seller may withhold the refund of payments received from the Client until receipt of the Goods or Medical Device back or until the Client provides proof of its return, depending on which event occurs first, unless the Seller has offered to collect the Goods or Medical Device from the Client themselves.
10. If the Consumer chose a method of delivering the Goods or Medical Device other than the cheapest ordinary delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
11. The Client bears only the direct cost of returning the Goods or Medical Device, unless the Seller has agreed to bear this cost.

IX. Complaints regarding Goods or Medical Devices

1. The Seller undertakes to deliver Goods compliant with the Agreement.
2. The Seller is liable for non-compliance of the Goods with the agreement on the terms specified in the Consumer Rights Act towards a Client who is a Consumer and a Client who is a natural person concluding an Agreement directly related to their business activity, when the content of this Agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
3. The Seller is liable for non-compliance of Medical Devices with the Agreement. The provisions specified in Art. 43a - 43g of the Consumer Rights Act apply accordingly.
4. In the event that separate legal provisions provide for more favorable principles regarding the non-compliance of Medical Devices towards Clients who are Consumers or Clients who are natural persons concluding an Agreement directly related to their business activity, when the content of this Agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, than point 4 - the more favorable provisions apply.
5. Complaints arising from the violation of the Client's legally guaranteed rights or under these Terms and Conditions should be sent to SHARG AG SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Al. Dzieci Polskich 65 A, 04-730 Warszawa, to the email address: reklamacje@sharg.pl, phone number +48 511437999.
6. To consider the complaint, the Client should send or deliver the complained Goods or Medical Device, if possible attaching proof of purchase. The Goods or Medical Device should be delivered or sent to the address indicated in point 5.
7. The Seller undertakes to consider each complaint within 14 days from the date of its receipt.
8. In the event of deficiencies in the complaint, the Seller will call the Client to supplement it to the necessary extent immediately, but no later than within 7 days from the date of receipt of the call by the Client.

X. Complaints regarding the provision of electronic services

1. The Client may submit complaints to the Seller in connection with the functioning of the Store and the use of Services. Complaints can be submitted in writing to the address: SHARG AG SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Al. Dzieci Polskich 65 A, 04-730 Warszawa, to the email address: reklamacje@sharg.pl, phone number +48 511437999.
2. In the complaint, the Client should provide their name and surname, correspondence address, type and description of the problem.
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 call the Client to supplement it to the necessary extent within 7 days from the date of receipt of the call by the Client.

XI. Guarantees

1. Goods or Medical Devices may have a manufacturer's or Seller's guarantee.
2. In the case of Goods or Medical Devices covered by a guarantee, information regarding the existence and content of the guarantee and the period for which it was granted is each time presented in the description of the Goods or Medical Device on the Online Store's websites.

XII. Out-of-court methods of handling complaints and pursuing claims

1. A Client who is a Consumer has, among others, the following possibilities to use out-of-court methods of handling complaints and pursuing claims:
   • is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
   • is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Client and the Seller;
   • may obtain free assistance in resolving the dispute between the Client and the Seller, also using free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Polish Consumers Association). Advice is provided by the Federation of Consumers at the free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address porady@dlakonsumentow.pl;
   • submit their complaint via the EU online platform ODR, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection

Personal data provided by Clients 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. All rights to the Online Store, including property copyrights, intellectual property rights to its name, internet domain, Online Store website, as well as to forms and logos belong to the Seller, and their use may only take place in the manner specified and consistent with the Terms and Conditions.
2. The provisions of these Terms and Conditions concerning the Consumer regarding withdrawal from the agreement and complaints apply to a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court methods of handling complaints and pursuing claims do not apply.
3. Settlement of any disputes arising between the Seller and a Client who is a Consumer is submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. Settlement of any disputes arising between the Seller and a Client who is an Entrepreneur is submitted to the court having jurisdiction over the Seller's registered office.
5. In matters not regulated in these Terms and Conditions, 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 apply.
6. Each Client will be informed of any changes to these Terms and Conditions through information on the main page of the Online Store containing a summary of changes and the date of their entry into force. Clients with an Account will additionally be informed of the changes along with their summary to the email 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 a Client with a Client Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact within 14 days from the date of being informed of the change to the Terms and Conditions. Notification to the Seller of non-acceptance of the new content of the Terms and Conditions results in termination of the Agreement.