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Rules of online shop

  1. GENERAL
  1. The Terms and Conditions of the Online Store, hereinafter referred to as the “Terms and Conditions”, define the principles for the use of
    the store, the placement of orders for the products available at the store, the delivery of the ordered products to the Buyer, the payment of the product price by the Buyer, the right of the Buyer to withdraw from the contract and the principles for the submission and handling of complaints.
  2. The Seller ensures that the Buyer will be able to correctly use the store
    in the following browsers: Firefox Mozilla, Internet Explorer and Chrome.
  3. All prices specified by the Seller are stated in the Polish currency, and they are gross prices (inclusive of VAT). The prices of the products do not include delivery costs, which are defined in the delivery price list available at: https://endotelio.eu/dostawa-i-platnosci/
  4. The Seller reserves the right to change the prices of the products offered by the store, add new products to the offering of the store, initiate and terminate promotional campaigns on the website of the store or modify them, according to these Terms and Conditions or the terms and conditions of a specific campaign. The changes shall not affect the
    effectiveness and manner of fulfilment of any orders submitted before their implementation.
  5. The Buyer shall observe these Terms and Conditions. 
  6. The Seller can be contacted:
  1. a) by phone at: +48 786 082 032
  2. b) by e-mail to: kontakt@endotelio.eu
  3. c) by mail to:

90-410 Łódź

  1. Piotrkowska 31
  2. The Seller shall contact the Buyer at: kontakt@endotelio.eu
  3. DEFINITIONS
  4. Expressions used in the Terms and Conditions shall have the following meaning:
    1. Address for complaints: kontakt@endotelio.eu
    2. Delivery price list – a detailed summary of the available types of delivery and costs available at: https://endotelio.eu/dostawa-i-platnosci/
    3. Proof of purchase – VAT invoice, receipt or non-VAT invoice issued according to the VAT Act of 11 March 2004, as amended, confirmation of card payment, account statement,
    4. Customer – an adult natural person with full legal capacity or a legal person or unincorporated entity
      with legal capacity making a purchase from the Seller directly connected to their economic or professional activity,
    5. Consumer – an adult natural person with full legal capacity making a purchase from the Seller not directly connected to
      their economic or professional activity or a natural person entering into a contract directly connected with their economic activity if the contract
      content of the contract indicates that the contract is not connected with the person’s professional
      activity as indicated, in particular, by the subject of the person’s business activity communicated according to the provisions on the Central Register and Information on Economic Activity,
    6. Cart – list of products prepared out of the products offered at the store
      based on choices made by the Buyer,
    7. Buyer – both the Consumer and the Customer,
    8. Place of issue of the item – postal address indicated by the Buyer in the order,
    9. Time of issue of the item – time when the Buyer or a third party indicated by the Buyer
      takes the item into possession,
    10. Payment – method used by the Buyer to pay for the subject of the contract and the delivery,
    11. Product – item offered for sale by the Buyer at the store,
    12. Subject of the contract – products ordered by the Buyer together with the delivery service,
    13. Store – online store available at endotelio.eu, which can be used by the Buyer to place an order,
    14. Seller – Totem Spółka z ograniczoną odpowiedzialnością, 90-410 Łódź, ul. Piotrkowska 31, District Court for Łódź-Śródmieście in Łódź, 20th Division of the National Court Register, KRS (National Court Register Number): 0000184578, share capital: PLN 52,000, NIP (Tax Identification Number): 725-10-18-389, REGON (National Official Business Register Number): 471147020.
    15. Order delivery period – number of business days intended for the delivery of the order,
    16. Contract – contract for the sale of the products entered into by and between the Buyer
      and the Seller remotely within the meaning of the Consumer’s Rights Act of 30 May 2014, as amended, in the case of Consumers, and in the case of Customers – sale contract within the meaning of Article 535 of the Civil Code Act of
      23 April 1964, as amended,
    17. Order – declaration of will of the Buyer submitted via the store, unambiguously specifying the product and its quantity, delivery method, form of payment, payment amount, delivery address.
  1. EXECUTION OF THE CONTRACT AND DELIVERY OF THE ORDER
  1. Orders can be placed 24/7.
  2. It is not necessary to create an account to place an order.
  3. To place an order, the Buyer has to perform the following actions:
    • selecting the product and adding it to the cart by clicking “Add to cart”,
    • ordering the product by clicking “Order”,
    • providing the Buyer’s personal data,
    • specifying the delivery address and details for the invoice,
    • selecting the delivery method,
    • selecting the form of payment,

Note! Before ordering, the Buyer should verify all the information they have provided.

  • confirming the order with an obligation to pay by clicking “Buy and pay”.
  1. By placing the order, the Buyer submits an offer to enter into the sale contract with the Seller.
  2. After the order is placed, the Buyer will automatically receive an e-mail with a confirmation of order acceptance.
  3. The subject of the contract will be sent within up to 14 days.
  4. The Buyer shall be notified of the fulfilment of the order using the indicated e-mail address.
  5. The Buyer makes payments for the order placed by selecting one of the following forms of payment:
  • cash on delivery,
  • bank transfer,
  • TPAY
  1. An order payable via “cash on delivery” will be fulfilled promptly after it is
    acknowledged, and orders payable via a “bank transfer” will be fulfilled after the order is acknowledged and the Buyer’s payment is credited to the Seller’s bank account.
  2. The purchased product is sent via the delivery method selected by the Buyer to the
    indicated address. The proof of purchase is sent to the indicated e-mail address.
    The Seller delivers the products included in the Order via an external company making the delivery for the Seller.
  1. RIGHT TO WITHDRAW FROM THE CONTRACT
  1. The Consumer has the right, under the Consumer Rights Act of 30 May 2014, to withdraw from a remote contract for convenience.
  2. The period for withdrawal from a remote contract is 14 days from the time of issue of the item. The above-mentioned time limit shall not be deemed exceeded if the notice is sent before its expiry.
  3. To exercise the right to withdraw from the contract, the Consumer has to inform the Seller of the decision to withdraw from the contract by sending an explicit declaration
    to: kontakt@endotelio.eu. The Consumer can use the contract withdrawal form included at the end of these Terms and Conditions.
  4. The Seller shall promptly acknowledge the receipt of the notice of withdrawal from the contract to the Consumer using the e-mail address (specified at the time the contract was executed or another
    address, if specified in the Consumer’s order).
  5. If the contract is withdrawn from, it shall be considered void, and the Consumer shall
    be deemed to be released from all obligations.
  6. The Consumer shall return the item to the Seller promptly, within 14 days from the date
    of withdrawal from the contract. The above-mentioned time limit shall not be deemed exceeded if the item is sent back before its expiry.
  1. The Consumer sends the items covered by the contract they have withdrawn from at their own
    expense and risk to the address of the Seller: Totem Sp. z o.o., ul. Piotrkowska 31, 90-410 Łódź.
  2. The Consumer is liable for a reduction of the value of the items covered by the contract that is caused by the use of the items exceeding the use necessary to establish the type,
    characteristics and functioning of the items.
  3. The Seller shall promptly (within 14 days from the receipt of the notice of withdrawal from the contract submitted by the Consumer) refund all of the payments made by the Consumer, including the cost of delivery of the item. If the Consumer has chosen a delivery method other than the least expensive regular method of delivery offered by the Seller, the Seller shall not refund to the Consumer the additional costs according to
    Article 33 of the Consumer Rights Act of 30 May 2014. The Seller may wait before refunding the payment to the Consumer until it receives the product back
    or until the Consumer provides evidence that the product has been sent back, whichever is sooner.
  4. The Seller shall refund the payment using the payment method used by the Consumer, unless the Consumer expressly consents to a different payment method that does not generate
    any costs on the part of the Seller.
  5. Consumers as defined under Article 38 of the Consumer Rights Act of 30 May 2014 shall
    not have the right to withdraw from contracts where the deliverables are:
  • items delivered in sealed packaging that cannot be returned for reasons related
    to health and hygiene if the packaging is opened after delivery,
  • items that degrade quickly or have a short shelf life.
  1. COMPLAINT PROCEDURE
  1. If the purchased product is inconsistent with the contract, the Consumer may submit a complaint based on the provisions concerning the consistency of the product with the contract included in the Consumer Rights Act of 30 May 2014. The Seller is responsible to the Consumer if the product is inconsistent with the sale contract.
  2. The Seller is responsible for inconsistencies of the product with the contract existing at the time the product is delivered and discovered within two years from that time, unless the shelf life of the product is longer. The Seller shall not invoke the lapse of the time limit to
    discover the inconsistency of the product with the contract as defined in the preceding sentence if it has insidiously concealed the inconsistency.
  3. If the product is inconsistent with the sale contract, the Consumer may request that it be repaired
    or replaced. The Seller may replace the product if the Consumer requests that it be repaired
    or repair it if the Consumer requests that it be replaced if making the product consistent with the contract using the method selected by the Consumer is not possible
    or would involve excessive costs of the Seller. If the product cannot be repaired and replaced,
    or if this would generate excessive costs to the Seller, the Seller may refuse to make the product consistent with the contract.
  4. The Seller performs the repair or replacement within a reasonable period from the time
    it was informed by the Consumer of the inconsistency with the contract and without undue inconvenience for the Consumer, taking into account the nature of the product and the reason it was bought by the Consumer.
  5. The costs of the repair or replacement shall be borne by the Seller. The Consumer shall send the product at the expense of the Seller to: TOTEM Sp. z o.o., 90-410 Łódź, ul. Piotrkowska 31.
  6. If the product is inconsistent with the contract, the Consumer may submit a declaration requesting a reduction of the price or withdrawal from the contract if: (i) the Seller has
    refused or failed to make the product consistent with the contract, (ii) the product is
    still inconsistent with the contract despite the fact that the Seller tried to make the product consistent with the contract, (iii) the inconsistency with the contract is so severe that it justifies a reduction in the price or withdrawal from the contract without the prior request for repair
    or replacement, (iv) the Seller’s declaration or the circumstances unambiguously indicate that
    it will not make the product consistent with the contract within a reasonable period or without undue inconvenience to the Consumer.
  7. The Seller shall refund to the Consumer all the amounts due as a result of the exercise of the right to a reduction of the price promptly, within 14 days from receiving the Consumer’s declaration requesting a reduction of the price.
  8. Upon withdrawal from the contract, the Consumer shall promptly return the product to the Seller at the Seller’s expense to: TOTEM Sp. z o.o., 90-410 Łódź, ul. Piotrkowska 31.
  9. The Seller shall refund the price to the Consumer promptly, within 14 days from
    receiving the product or the evidence of sending it back. The Seller shall refund the price using the payment method used by the Consumer, unless the Consumer expressly consents to a different refund method that does not generate any costs on the part of the Seller.
  10. Complaints may be submitted by mail to the address of the Store:

Sklep internetowy TOTEM Sp. z o.o., 90-410 Łódź, ul. Piotrkowska 31

or by e-mail to: kontakt@endotelio.eu

We recommend providing as much information and circumstances concerning the subject of the complaint as possible, including, in particular, the type and date of occurrence of the irregularity
and contact details – this will facilitate and accelerate the handling of the complaint.

  1. The complaint shall be considered by the Seller promptly, and the reply to the Customer shall be sent within 14 days from the date on which it is received.
  2. The Seller’s reply is sent to the e-mail address of the Buyer specified in the complaint or to the mailing address indicated by the Buyer.
  3. PRIVACY POLICY, PERSONAL DATA PROTECTION AND COOKIES
  1. According to Regulation (EU) 2016/679 of the European Parliament and of the Council of
    27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation (GDPR)), please be advised that
    the Controller of the personal data collected via the store is Pharmena SA, 90-530 Łódź, ul. Wólczańska 178, District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register, KRS (National Court Register Number): 0000304079, NIP (Tax Identification Number): 7282467846,
    REGON (National Official Business Register Number): 473085607, share capital: PLN 1,113,775.80, contact details: phone 422913370,
    e-mail: biuro@pharmena.eu and Totem Sp. z o.o., 90-410 Łódź, ul. Piotrkowska 31, District Court for Łódź-Śródmieście in Łódź, 20th Division of the National Court Register, KRS: 0000184578, share capital: PLN 52,000, NIP: 725-10-18-389, REGON: 471147020, contact information: phone 426304616, e-mail: totem@totem.pl.

The specific principles for the collection, processing and storage of personal data used for the fulfilment of the orders by the store have been described in the Privacy Policy: https://endotelio.eu/polityka-prywatnosci/

  1. ELECTRONIC INVOICE

The document concerning the transaction shall be issued to the Buyer in the form of an electronic invoice.

  1. CONTACT

Complaints, notices of withdrawal from the contract and all other declarations, enquiries, comments or questions should be sent by e-mail to: kontakt@endotelio.eu

  1. OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURES AND RULES FOR AVAILABILITY OF SUCH PROCEDURES
  2. Using out-of-court complaint and claim procedures
    is optional. The provisions below are provided for information only, and they do not oblige the Seller to use out-of-court dispute resolution methods. The Seller’s declaration on the consent or refusal to participate in proceedings for the out-of-court resolution of consumer disputes is made by the Seller on paper or another permanent medium if the dispute is not resolved as a result of a complaint made by the Consumer.
  3. The rules for conducting proceedings for the out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately
    in the provisions of the law (including, in particular, in the Act of 23 September 2016 on
    out-of-court resolution of consumer disputes, Journal of Laws of 2016, item 1823)
    or in the regulations used by relevant authorities competent for the resolution of consumer disputes. Specific information on the right of the Consumer to use out-of-court complaint and claim procedures
    and pursue claims and the rules for access to such procedures may be available on the premises and websites of county (municipal) consumer ombudsmen, public organisations whose statutory duties include consumer protection, Provincial Trade Inspectorate Inspectors, including,
    in particular, at the web address of the Office of Competition and Consumer Protection: 
    https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

The President of the Office of Competition and Consumer Protection maintains a public record of authorities competent to conduct proceedings for the out-of-court resolution of consumer disputes.

  1. The Consumer may use the following out-of-court complaint and claim procedures (among others):
    • The Consumer may request the permanent arbitration consumer court referred to in Article 37 of the Trade Inspectorate Act of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended) to resolve a dispute arising from a Sale Contract.
    • The Consumer may request the Provincial Trade Inspectorate Inspector, according to Article 36 of the Trade Inspectorate Act of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended), to initiate mediation proceedings for the out-of-court resolution of disputes between the Consumer and the Seller.
    • The Consumer may receive free assistance with the resolution of a dispute between the Consumer and the Seller, also using the free assistance of the county (municipal) consumer ombudsman or a public organisation whose statutory duties include consumer protection (e.g., Consumers’ Federation).
    • The Consumer may file a complaint via the ODR
      online platform: http://ec.europa.eu/consumers/odr. The ODR platform is also a source of information about the forms of the out-of-court resolution of disputes that may arise between entrepreneurs and Consumers.

 

 

  1. FINAL PROVISIONS
  1. Accordingly applicable law shall apply to matters not regulated by these Terms and Conditions.
  2. Contracts entered into via the store are concluded in Polish.
  3. Matters not regulated in these Terms and Conditions are governed by the provisions effective in the Republic of Poland, including the Civil Code, the Consumer Rights Act of 30 May 2014 and other relevant Polish law.
  4. The Seller represents that it has the status of a large enterprise within the meaning of the Act of 8 March 2013 on the prevention of excessive delays in business
    transactions (consolidated text, Journal of Laws of 2019, item 118, as amended).
  5. The choice of Polish law does not deprive the Consumer of the protection awarded under provisions that cannot be excluded by a contract, under the law that would have been applicable if no choice was available, i.e., the law of the country in which the Consumer normally resides and the Seller (1) carries on its economic or professional activity in the country in which the Consumer has their place of residence; or (2) in any way directs such activity to that country or to multiple countries, including that country; and the contract is included in the scope of such activity.
  6. Customers may access these Terms and Conditions at any time using the link included on the homepage of the store: Terms and Conditions.
  7. The content of the Sale Contract entered into by the Buyer and the Seller is recorded, secured and provided to the Buyer by posting the Terms and Conditions on the website of the Online Store.
  8. Disputes arising between the Seller and the Buyer shall be subject to resolution by competent common courts.
  9. The Seller reserves the right to change these Terms and Conditions for organisational, legal or technical reasons. Each change of the Terms and Conditions shall be communicated by the Seller to the Customers of the Store at least 7 days in advance. A Customer who does not accept the new contents of the Terms and Conditions shall have the right to withdraw from the
    service contract with 7 days’ notice.

The Seller shall advise a Customer with a Customer Account at the Store 7 days before the effective date of the new Terms and Conditions about the modification of the Terms and Conditions via a message sent by electronic means, containing a link to the modified Terms and Conditions.

  1. The terms and conditions of the endotelio.eu online store are effective as of 1/4/2023.

Appendix No. 1 Contract withdrawal form

Appendix No. 2 Information on withdrawal from the contract

Appendix No. 1 to the Terms and Conditions of the Endotelio.eu Online Store

CONTRACT WITHDRAWAL FORM 

for the consumer

(fill in and send this form only if you wish to withdraw from the sale contract)

Online store Endotelio.eu

PHARMENA S.A.
ul. Wólczańska 178
90-530 Łódź

and

Totem Sp. z o.o. 

  1. Piotrkowska 31

90-410 Łódź

I hereby request to withdraw from the contract for the sale of the following products:

1.

2.

3.

4.

Date of order placement / order number: ____________________________________________

First name and last name / business name of the Customer:__________________________________________________________

E-mail address:________________________________________________________________________

Date:______________________

Signature:____________________

(only if the form is sent in the paper version)

CONTRACT WITHDRAWAL FORM 

for an entrepreneur with consumer rights

(fill in and send this form only if you wish to withdraw from the sale contract)

Online store Endotelio.eu

PHARMENA S.A.
ul. Wólczańska 178
90-530 Łódź

and

Totem Sp. z o.o. 

  1. Piotrkowska 31

90-410 Łódź

I hereby request to withdraw from the contract for the sale of the following products:

1.

2.

3.

4.

Date of order placement / order number: ____________________________________________

First name and last name / business name of the Customer:__________________________________________________________

E-mail address:________________________________________________________________________

Invoice number / Transaction number in the receipt*: _____________________________________________

Number of the bank account for the refund*: ____________________________________________

(*) Providing the indicated data is not obligatory, but it will facilitate and accelerate the refund.

I certify that I am a natural person carrying on business activity, and the sale contract I am withdrawing from is not connected with my professional activity as indicated, in particular, by the subject of my business activity communicated according to the provisions on the Central Register and Information on Economic Activity. Date Signature (only if the form is sent in the paper version).

Date:______________________

Signature:____________________

(only if the form is sent in the paper version)

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