Terms and conditions

1. Definitions

Consumer – a natural person who enters into a contract with the Seller via the Shop, the subject matter of which is not directly related to their business or professional activities.
The Seller – PHARMA DOT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the National Court Register under KRS number 0000628899, Tax Identification Number (NIP) 5223067653, National Business Registry Number (REGON) 365017443.
Customer – any entity making purchases via the Shop.
Entrepreneur – a natural person, a legal person or an organisational unit that is not a legal person but is granted legal capacity under a separate Act, carrying out business activities in its own name, which uses the Shop.
An entrepreneur with consumer rights – a natural person who enters into a contract with the Seller that is directly related to their business activity, where it is clear from the terms of that contract that it is not of a professional nature for that person.
Shop – the online shop operated by the Seller at the web address www.pharmadot.pl.
Distance contract – a contract concluded with a Customer as part of an organised system for concluding distance contracts (via the Shop), without the parties being physically present at the same time, using exclusively one or more means of distance communication up to and including the moment the contract is concluded.
Terms and Conditions – these Terms and Conditions of the Shop.
Order – a declaration of intent by the Customer made via the Order Form and intended directly to conclude a Contract of Sale for a Product or Products with the Seller.
Account – the Customer’s account on the Shop, which contains the details provided by the Customer and information about the Orders they have placed on the Shop.
Registration form – a form available in the Shop, enabling you to create an Account.
Order form – an interactive form available in the Shop that enables you to place an Order, in particular by adding Products to your Basket and specifying the terms of the Sales Contract, including the method of delivery and payment.
Shopping basket – a feature of the Shop’s software where the Products selected by the Customer for purchase are displayed, and where it is possible to specify and amend the Order details, in particular the quantity of products.
Product – a movable item or service available in the Shop, which is the subject of the Contract of Sale between the Customer and the Seller.
Sales Contract – a contract for the sale of a Product entered into or concluded between the Customer and the Seller via the Online Shop. The term ‘Sales Contract’ shall also be understood to mean – depending on the nature of the Product – a contract for the provision of services and a contract for specific work.

2. Preliminary provisions

The Pharma Dot online shop is available at the following web address pharmadot.co.uk, is operated by PHARMA DOT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the National Court Register under KRS number 0000628899, Tax Identification Number (NIP) 5223067653, Statistical Identification Number (REGON) 365017443. Contact telephone number: +48 797 948 416.
The administrator has designated an electronic contact point for the Service, intended for direct communication with the authorities of the Member States, the Commission and the Digital Services Board: zamowienia@pharmadot.pl. The User may use this single point of contact to communicate directly and quickly with the Administrator. Communication may take place in Polish or English.

3. Contacting the Shop

Seller’s address: 11B Skośna Street, 21-040 Świdnik
The seller’s email address: zamowienia@pharmadot.pl
Contact telephone number: +48 797 948 416

4. Technical requirements

To use the Shop, including browsing the Shop’s range and placing orders for Products, you must:
- A terminal device with access to the Internet.
- An active email account.
- Cookies are enabled.

5. General information

To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions to the operation of the Shop, caused by force majeure, unauthorised actions by third parties or the incompatibility of the Online Shop with the Customer’s technical infrastructure.
You do not need to create an Account to browse the Shop’s product range. Customers may place orders for Products available in the Shop’s range either by creating an Account in accordance with the provisions of § 6 of the Terms and Conditions, or by providing the necessary personal and address details to enable the Order to be processed without creating an Account.
The prices listed in the Shop are in Polish zlotys and are gross prices (including VAT).
The final amount payable by the Customer consists of the price of the Product and the delivery cost (including charges for transport, delivery and postal services), of which the Customer is informed on the Shop’s website whilst placing the Order, including at the time of expressing their intention to be bound by the Contract of Sale.

6. Creating an account in the Shop

To create an account in the Shop, please complete the registration form. You must provide the following details: first name, surname, email address.
It is free to set up an account in the shop.
To log in to your account, enter the username and password you provided on the registration form.
The Customer may, at any time, without giving any reason and without incurring any charges in this regard, delete their Account by sending a request to that effect to the Seller by email.

7. Content moderation

A user must not post User Content that:
1. are inconsistent with the subject matter of a given thematic module or interest group — comments should relate to the content featured on the Website and, more broadly, to the development of Users’ skills;
2. relate to technical issues concerning the operation of the Website – Users should report technical issues to the Website Administrator electronically;
3. contain links;
4. are used to carry out activities that compete with the Operator, e.g. promoting rival online shops;
5. are used to carry out unauthorised advertising, promotional or marketing activities, in particular by posting advertisements, selling and promoting products, services, projects or fundraising campaigns;
6. are used to carry out activities prohibited by law, such as attempts to defraud or extort money from other Users;
7. incite or condone violence against any living beings, including animals;
8. promote any fascist or other totalitarian system of government;
9. incite hatred on the grounds of gender, sexual orientation, nationality, ethnicity, race or religion, or on the grounds of being non-religious, or condone such hatred;
10. insult a group of people or individuals on the grounds of their gender, sexual orientation, nationality, ethnicity, race, religion or lack of religious affiliation;
11. contain chauvinistic and misogynistic content, as well as content that constitutes gender discrimination;
12. defame or insult any third party;
13. infringe the personal rights of any third party;
14. contain profanity or other offensive content;
15. encourage dangerous behaviour or condone such behaviour;
16. offend religious feelings;
17. may cause discomfort to other Users, in particular by showing a lack of empathy or respect towards other Users;
18. infringe the existing legal order or contravene public decency in any other way.

8. Reporting prohibited content

Any user who considers content published on the Website to be unlawful or in breach of the Terms and Conditions may submit a report concerning that content to the Administrator.
If the submission contains the User’s electronic contact details, the Controller shall send the User confirmation of receipt of the submission without undue delay.
The administrator shall consider the report and make a decision regarding the content to which the report relates in a timely manner (within 14 days), in a non-arbitrary and objective manner, and with due care.
The Controller shall notify the User of the decision taken without undue delay.
The Administrator’s decision may be to remove the content or to leave it on the Website.
The user may appeal against the Administrator’s decision within 14 days of receiving the reasons for the deletion.
The appeal should include a comprehensive statement of grounds.
The administrator will consider appeals within 14 days.

9. Ordering procedures

To place an Order, you must:

Log in to the Shop (optional).
Select the Product you wish to order, then click the „Add to basket” button (or equivalent).
Log in or place an order without registering.
If you have chosen to place an Order without registering – complete the Order Form by entering the details of the recipient to whom the Product is to be delivered, select the delivery method (how the Product is to be delivered), and enter the invoicing details if they differ from the recipient’s details.
Click the “Order and pay” button (or equivalent) and, if you wish, confirm your order by clicking on the link sent in the email.
Select one of the available payment methods and, depending on the payment method chosen, pay for your order within the specified time limit.

10. Available delivery and payment methods

The customer may choose from the following methods of delivery or collection of the ordered Product:
- Courier delivery.
- Parcel to a collection point.
Customers may use the following payment methods:
- Payment by bank transfer to the Seller’s account.
- Electronic payments.
- Payment by debit or credit card.
Detailed information on delivery methods and accepted payment methods can be found on the Shop’s website.

11. Performance of the contract of sale

A Sales Contract between the Customer and the Seller is concluded once the Customer has placed an Order using the Order Form on the Online Shop, in accordance with § 9 of the Terms and Conditions.
Once an Order has been placed, the Seller shall immediately confirm receipt of it and, at the same time, accept the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment shall take place by the Seller sending the Customer an appropriate e-mailto the Customer’s email address provided when placing the Order, which contains at least the Seller’s statements confirming receipt of the Order and its acceptance for fulfilment, as well as confirmation of the conclusion of the Sales Contract. Upon the Customer’s receipt of the aforementioned email, a Sales Contract is concluded between the Customer and the Seller.
The Product will be dispatched by the Seller within the timeframe specified in its description (subject to clause 5 of this paragraph), using the delivery method selected by the Customer when placing the Order. In the case of an Order for Products with different delivery dates, the delivery date shall be the latest date specified.
Where Products with different delivery dates are ordered, the Customer may request that the Products be delivered in instalments or that all Products be delivered once the entire order has been completed.
The delivery period for the Product to the Customer begins on the date on which the Seller’s bank account is credited.
Delivery of the Product(s) is available only within Poland and selected Member States of the European Union.

12. Right to withdraw from the contract

The consumer may withdraw from the Sales Contract within 14 calendar days without giving any reason.
The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or to a person designated by the Consumer, other than the carrier.
In the case of a Contract covering multiple Products which are supplied separately, in batches or in instalments, the period specified in paragraph 1 shall run from the date of delivery of the last item, batch or instalment.
The Consumer may withdraw from the Contract by sending the Seller a notice of withdrawal from the Contract by email to the email address specified in § 3. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send the notice before the deadline expires.
If the Consumer submits the notice electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the notice of withdrawal from the Contract to the email address provided by the Consumer.
Consequences of withdrawing from the Contract:
- In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
- In the event of withdrawal from the Contract, the Seller shall, without undue delay and no later than 14 days from the date of receipt of the Consumer’s notice of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivery, with the exception of any additional costs arising from the Consumer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
- The Seller shall refund the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to an alternative arrangement which does not entail any costs for them.
- The seller may withhold the refund until the Product has been returned or until proof of its return has been provided, whichever occurs first.
- The Consumer should return the Product to the Seller’s address specified in these Terms and Conditions without delay, and no later than 14 days from the date on which they notified the Seller of their withdrawal from the Contract. The deadline will be met if the Consumer returns the Product before the 14-day period expires.
- The consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be returned by post in the usual way.
- The consumer is liable only for any reduction in the value of the Product resulting from its use in a manner other than that necessary to ascertain the nature, characteristics and functioning of the Product.
The Consumer is not entitled to withdraw from a distance contract in respect of a Contract:
- Where the subject of the supply is an item delivered in sealed packaging which, once the packaging has been opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery,
- For the provision of services, where the Seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed prior to the commencement of the service that, once the Seller has performed the service, the Consumer will lose the right to withdraw from the Contract,
- 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 expiry of the period for withdrawing from the Contract.

13. Complaints and warranty

The Sales Agreement covers all Products.
In relation to customers who are business entities, the seller is liable for defects in the goods sold, in accordance with the provisions set out in Article 556 et seq. of the Civil Code.
In relation to customers who are consumers or traders with consumer rights, the seller is liable for any lack of conformity of the goods with the contract in accordance with the provisions set out in Chapter 5a of the Consumer Rights Act.
Complaints must be submitted electronically to the email address provided in these Terms and Conditions.
The complaint should include the Customer’s details, a description of the Product’s non-conformity with the contract, the Customer’s request, and contact details to enable a response to be provided.
The seller will respond to the complaint within 14 days of receiving it.

14. Out-of-court procedures for handling complaints and pursuing claims

Detailed information regarding the Consumer’s options for using out-of-court complaint-handling and redress procedures, as well as the rules governing access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen and civil society organisations, whose statutory remit includes consumer protection, the Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The consumer has the following examples of options for using out-of-court complaint-handling and redress procedures:
- The consumer is entitled to apply to the permanent consumer arbitration tribunal referred to in the Trade Inspection Act, requesting a ruling on a dispute arising from a contract concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of the Trade Inspection Authority, in accordance with the Trade Inspection Act, requesting the initiation of mediation proceedings with a view to the amicable resolution of a dispute between the Consumer and the Seller.

15. Personal data in the online shop

The Seller is the data controller for customers’ personal data collected via the online shop.
Customers’ personal data collected by the data controller via the Online Shop is collected for the purpose of performing the Sales Contract and, if the Customer gives their consent, also for marketing purposes.
The recipients of the personal data of the Online Shop’s customers may include:
- In the case of a Customer who chooses delivery by post or courier via the Online Shop, the Controller shall disclose the Customer’s personal data to the selected carrier or agent handling the delivery on the Controller’s behalf.
- In the case of a Customer who uses electronic payment methods or a payment card in the Online Shop, the Controller shall make the Customer’s personal data available to the selected entity responsible for processing such payments in the Online Shop.
The customer has the right to access their personal data, to have it rectified, to have it erased, to restrict its processing, and other rights provided for under the GDPR and set out in the Privacy Policy.
The provision of personal data is voluntary; however, failure to provide the personal data specified in the Terms and Conditions, which is necessary for the conclusion of the Sales Agreement, will result in it not being possible to conclude that agreement.
The detailed rules governing the processing of personal data are set out in the Privacy Policy available on the Shop’s website.

16. Final provisions

Contracts concluded via the Online Shop are drawn up in Polish.
The Seller reserves the right to amend these Terms and Conditions for valid reasons, namely: changes in legislation, changes to payment and delivery methods – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall notify the Customer of any such amendment at least 7 days in advance.
In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services, Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), the Act on the Protection of Personal Data and the Act on Consumer Rights.