By accepting these Regulations, the Customer undertakes to use the Products in accordance with its intended purpose, applicable law, social and moral standards and the provisions of these Regulations.
Sales contracts and contracts for the provision of electronic services are concluded on the basis of Polish law and in Polish or English language.
- 1. Definitions:
For the purposes of the Terms and Service, the following terms are used:
Site Owner (also known as the “Company” or “Seller”) – Hemp & Health S.A. with headquarters in Warsaw, ul. Krakowskie Przedmieście 13, entered into the Register of Entrepreneurs of the National Court Register under number 0000396780, NIP: 525-23-82-713, REGON: 140778886, share capital PLN 2,922,000 (two million nine hundred and twenty two thousand zlotys), paid up entire,
Buyer / Customer – a person who makes or intends to make a purchase on the Site via the Site, who is a professional user within the meaning of art. 2 clause 1 point 26 of the Act of 20 May 2010 on medical devices (Journal of Laws 2020.186, i.e. of 2020.02.06 as amended),
Regulations – a document that regulates the rights and obligations of the Buyer and the conditions for concluding a contract with the Seller via the Site,
Product – a movable item available on the Site’s offer, being the subject of the Sales Agreement, in the form of a medical device,
Site – a Site belonging to the Site Owner, to which these Regulations apply, available at: www.RapidTest247.eu,
Agreement – a contract for the sale of a Product available on the Site, concluded between the Customer and the Company via the Site,
Service – a service provided electronically by the Company to the Client via the Site,
Act – the Act of 20 May 2010 on medical devices, Journal of Laws 2020.186, i.e. of 2020.02.06 as amended, art. 2 clause 1 point 26 of the Act – professional user – a person who is a service provider or employed by a service provider, with knowledge or professional experience that allows the product to be used in accordance with its intended purpose
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on the protection of data),
Store – an online store run by the Company on the Site, offering the sale of Products.
- 2. General provisions:
To use the ICT system, including browsing the Site and placing orders for Products, you need a terminal device with access to the public Internet and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version. In order to use some of the Site’s functionalities, place Orders, an active e-mail account (e-mail) and telephone are required.
Users of the Site are required to use the Site in a manner consistent with the law and morality with respect for personal rights as well as copyrights and intellectual property rights of the Company and third parties. The customer is obliged to enter data in accordance with the facts.
The Customer is forbidden to use other customer accounts and make his account available to other people. The customer is obliged to enter data in accordance with the facts. It is forbidden to provide illegal content.
- 3. Description and rules for using the Services provided:
The use of the store is intended for adults, and acceptance of these Regulations is tantamount to the Customer submitting a statement that he is aware that the Product is a medical device intended only for professional users within the meaning of 2 clause 1 point 26 of the Act.
Acceptance of the Regulations is tantamount to the submission by the Customer of a declaration that he is a professional user and that he purchases the Product as a professional user and has knowledge of the inadmissibility of providing and making the Products available to entities other than service providers or persons employed by the service provider, who have knowledge or professional experience that allow the use of a medical device in accordance with its intended use.
Acceptance of the Regulations is tantamount to the submission by the Customer of a commitment to comply with the provisions set out in Art. 10 sec. 2 of the Act, the prohibition of providing and making available such Products to persons who are not professional users, intended for independent use.
The Product prices indicated on the Site do not constitute an offer within the meaning of the Polish Civil Code, and the information about the Products posted on the Site is only an invitation to conclude a contract within the meaning of 71 of the Civil Code.
- 4. Conditions for concluding a Sales Agreement
The Company provides the Customers with electronic services via the Site, consisting mainly in concluding Sales Agreements regarding Products. The provision of Electronic Services to Customers takes place on the terms specified in the Regulations, and the conclusion of the Product Sales Agreement is possible only after the Customer accepts the terms of the Regulations.
In order to conclude the Agreement, the Customer is obliged to launch the Site, register, select the Product, and then follow the next steps of concluding the transaction, and in particular complete the order form, accept these Regulations, select the form of payment and delivery based on the displayed messages, and then confirm the conclusion of the transaction via the button available on the order summary page, where the ordered Products will be specified and their total gross price including shipping (delivery) fees, as well as the selected form of payment.
The Customer, when concluding the Agreement for the purchase of Products, is obliged in particular to fill in the data in accordance with the facts, in particular identification, contact and correspondence data.
Incomplete orders or orders with regard to which there are any doubts will be verified manually by the Service staff. Such an order may be canceled by the Company, about which the Customer will be informed by phone or e-mail within 3 working days from the date of placing the Order.
The conclusion of the Agreement between the Company and the Customer takes place after the Customer submits an order on the FastTest.com.pl Site upon confirmation of the transaction with a special button confirming the order and the Customer’s will to pay the related payment.
After placing the Order, the Company immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Company’s statements about the receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement.
Consolidating, securing and providing the Customer with the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Site and (2) sending the Customer an e-mail message referred to in § 3 sec 5. Regulations.
Regardless of other provisions of the Regulations, the Order will not be processed in the event of: (1) providing incorrect or false data by the Customer when placing the Order, in particular submitting a false statement in the scope of art. 2 clause 1 point 26 of the Act (2) inability to contact the Customer at the telephone number or e-mail address provided in the order, (3) incorrect ordering by the Customer, (4) recognizing by the Company that in the case of an order placed by the Customer, there is a justified suspicion of the Customer’s illegal activity or abuse of rights resulting from it, in particular: hacking, using someone else’s identifying data, impersonating another person.
- 5. Methods and terms of payment for the Product
The company enables payment via electronic payment services / operators, incl. quick transfer or using payment card details, payment by traditional transfer to the Company’s bank account at the Santander bank.
The Customer is obliged to make the payment for the Product on the exact day as the date of the Sale Agreement. The delivery will be processed after the payment is received by the Company.
- 6. The cost, methods and date of delivery and collection of the Product
Product delivery is available on the territory of the Republic of Poland, unless delivery of the Product to the place indicated by the Customer is impossible by entities providing professional delivery services with which the Company or the Company cooperates, due to technical problems, it decides that it does not deliver Products to entities from a specific location / geographic area.
The costs of delivery of the Product are covered by the Customer by paying for the delivery along with the payment of the price for the Product to the Company agreed each time with the Company. In connection with the conclusion of the Agreement, the Company will issue a pro forma invoice to the Customer, including the selling price and the cost of delivery, which will be delivered to the Customer along with the Product. After paying for the above-mentioned the order amount based on a pro forma invoice, the Seller will issue a VAT invoice and send it to the customer by e-mail to the Customer’s e-mail address provided in the order form.
The order is processed by sending the purchased products to the address provided by the Buyer.
The Company enables the following methods of Product delivery: via Polish Post and a courier company.
The Company is obliged to send the Products within 7 working days from the date of the Sale Agreement if not otherwise stated by email or telephone conversation.
The Product delivery time depends on the selected delivery method and takes place on the terms and within the time specified in the regulations of a specific supplier.
Due to the dynamic market situation, the final specification, delivery date and price will depend on the ordered number of products, the date of signing the contract, the number of orders at the manufacturer and the current market price.
When making a delivery via Poczta Polska or a courier company, the Company is only responsible for the fault in the choice. In particular, the Company shall not be liable for non-performance or improper performance of the postal / courier service, if only it has entrusted the performance of the activities to a professional entity. Upon the release of the goods by the Company to a representative of the courier company or Poczta Polska, the benefits and burdens related to the goods and the risk of accidental loss or damage to the goods are transferred to the Customer. In such a case, the Company shall not be liable for any loss, defect or damage to the goods arising from its acceptance for transport until its delivery to the Customer and for delay in transporting the shipment.
In the event of sending the goods to the Customer via a courier company or Polish Post, the Customer is obliged to inspect the shipment in time and in the manner accepted for such shipments. If he finds that there has been a loss or damage to the goods during transport, he is obliged to perform all actions necessary to determine the liability of the courier company or Polish Post.
- 7. Cancellation of the order and withdrawal from the contract:
A customer who has concluded a distance contract with the Seller has the right to withdraw from the contract in writing without giving any reason within 14 days from the date of taking possession of the purchased Product. The request to withdraw from the contract should be sent to the Company’s e-mail address: email@example.com.
The company guarantees the return of the amount paid within 14 business days to the bank account from which the payment was initiated, without charging the customer with an additional cost. The Customer has the right to return unused copies of the Product, and the Company undertakes to collect them from the Customer, unless the use of the Company Product has begun. The Customer bears all costs related to the delivery of unused copies of the Product to the Company, in particular delivery costs.
The Website Administrator and the Site Users’ Personal Data Administrator within the meaning of the GDPR is Hemp & Health S.A. with headquarters in Warsaw, ul. Krakowskie Przedmieście 13, entered into the Register of Entrepreneurs of the National Court Register under number 0000396780, NIP: 525-23-82-713, REGON: 140778886, share capital PLN 2,922,000 (two million nine hundred and twenty two thousand zlotys), fully paid up.
Personal data will be processed:
in order to conclude the Agreement and / or perform obligations under the Agreement, including contact for the proper performance of the Service, pursuant to art. 6 sec. 1 lit. b GDPR, and include in particular: identification data (e.g. name and surname, tax identification number), contact details (correspondence address, delivery address, telephone number, e-mail address, etc.), communication metadata (e.g. contact date) and its content. Providing data is voluntary, but it may be necessary for the conclusion or performance of the Agreement
in the event that the processing is necessary to fulfill the legal obligation incumbent on the Administrator, e.g. when, in accordance with tax or accounting regulations, the Administrator is obliged to settle the concluded Agreement, pursuant to art. 6 sec. 1 lit. c) GDPR.
in the event that the purposes of processing result from the legitimate interests of the Administrator, e.g. the need to establish, investigate or defend claims, correspondence, including marketing – pursuant to art. 6 sec. 1 lit. f) GDPR.
Access to personal data is granted only to duly authorized employees, associates or entities providing services related to the current activity, i.e. advisors (legal, tax, accountants, etc.) of the Administrator, as well as cooperating third parties
with the Administrator or entities that provide services in the field of support and operation of IT systems,
used by the Administrator. All of the above entities gain access to personal data only to the extent that it is necessary.
Personal data is not transferred to a third country / international organization, or to entities outside the European Economic Area.
The administrator will process personal data for a period not longer than it is necessary to achieve the specific purposes for which they are processed. As a rule, personal data collected in order to conclude and perform the Agreement are processed for the period necessary to perform the obligations under this Agreement, unless legal regulations, in particular accounting or tax regulations, oblige the Administrator to process personal data for a longer period and / or to the expiry of the limitation period for possible claims, which results from generally applicable legal provisions – depending on which of the above-mentioned periods is longer. The above-mentioned data processing periods may be extended as necessary, in the case of claims and proceedings, e.g. court proceedings – for the duration of these proceedings and their settlement.
The administrator may also be required to provide certain information, including the transfer of personal data, to public authorities for the purposes of their proceedings.
Each data subject has the right to access their personal data and the right to rectify, delete or limit processing, as well as the right to transfer data, the right to object to the processing, the right to withdraw consent at any time, if the processing takes place on the basis of the consent expressed by the Customer.
Each person has the right to lodge a complaint with the supervisory body (the President of the Office for Personal Data Protection in Warsaw) if, in their opinion, the processing of their personal data will violate the provisions of the GDPR.
- 9. Responsibility of the Company and the complaint procedure:
The Company undertakes to provide Customers with Products free from physical and legal defects.
In transactions to which these Regulations apply, the application of Art. 556-576 of the Civil Code regarding the warranty for defects, assuming that the customer is not a consumer.
The liability of the Company for non-performance or improper performance of the obligation is limited only to the actual damage, excluding lost profits. The liability of the Company is limited to the amount of the price of the goods paid by the Customer to the Company.
All complaints related to the performance of the Agreement should be submitted to the e-mail address kontakt@SzybkiTest.com.pl.
The company considers the complaint within 14 working days from the date of its receipt and informs the customer immediately, by e-mail or by post, about the method of its consideration. In a situation where the data or information provided in the complaint need to be supplemented, the Company asks the person submitting the complaint to supplement it, before considering the complaint. The time of providing additional explanations by the Customer extends the period of considering the complaint.
Consideration of the complaint by the Company is final, the Client is not entitled to appeal against the Company’s decision.
Complaints resulting from failure to comply with the content of these Regulations will not be taken into account by the Company.
All other notifications, comments and questions regarding the functioning of the Website may be sent by e-mail to the address kontakt@SzybkiTest.com.pl.
- 10. Intellectual property:
The company declares that the Site and its content are protected by Polish Law, including in particular the Act of February 4, 1994 on copyright and related rights (Journal of Laws of 1994, No. 24, item 83 with as amended), and violation of these rights is subject to civil sanctions and criminal ones.
The Site User is obliged to strictly respect the above-mentioned intellectual property rights belonging to the Company and other entities, by not using it in any way, without the prior consent of the Company or the above-mentioned other entities, expressed in writing under pain of nullity of any elements falling within the scope of the content of the Website.
The company has the right to institute proceedings against a person who illegally uses the above-mentioned elements of the Website without written consent, civil or criminal proceedings aimed at protecting the Company’s rights.
- 11. Final Provisions:
The Company reserves the right to transfer some or all of the resulting rights and obligations
from these Regulations and the rights and obligations arising from the Contract for a third party or the conclusion of subcontracting agreements with them. The customer may not assign or waive any rights and obligations arising from these Regulations without the written consent of the Company.
The Company reserves the right to amend the Regulations at any time. The amendment to the Regulations becomes effective from the moment of publishing its new version on the Website, along with information about its change. The Company has the right to inform the Customer about the change in the Regulations by e-mail 7 days in advance, to the Customer’s e-mail address.
Amendments to the Regulations, to the extent that they relate to Agreements concluded before the entry into force of the new version of the Regulations, do not affect the terms and performance of such Agreements.
The Company reserves the right to temporarily suspend the availability of the Website in the event of the need to carry out maintenance, inspection, replacement of equipment or in connection with the need to modernize or expand the Site.
Any disputes that may arise in connection with the performance of the Agreement, if not settled amicably, will be considered by the Polish court according to the jurisdiction for the seat of the Company.
These Regulations, as well as all legal relations arising on its basis, including in particular Agreements concluded on its basis, are subject to and interpreted on the basis of generally applicable provisions of Polish law.
In matters not covered by the Regulations or the Agreement, the provisions of the Polish Civil Code, the Act on Copyright and Related Rights and other generally applicable provisions of Polish Law shall apply in particular.
These Regulations enter into force on 07/05/2021.
Hemp & Health 2021 | All rights reserved