Privacy policy

Definitions

  1. Business days – means weekdays from Monday to Friday, excluding public holidays.
  2. Delivery – means the actual act of delivering to the Customer by the Operator, via the Supplier, the Goods specified in the order.
  3. Supplier – means a courier company with which he cooperates with the Operator in the scope of delivering the Goods.
  4. Password – means a string of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
  5. Client – means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Regulations and legal regulations.
  6. Consumer – means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
  7. Customer Account – means an individual panel for each Customer, launched on its behalf by the Operator, after the Customer has made a Registration and concluded a contract for the provision of Customer Account service.
  8. Login – means an individual Customer identification, determined by him, consisting of a string of letters, digits or other characters, required together with the Password to set up a Customer Account in the Online Store. The login is the correct email address of the Customer.
  9. Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
  10. Regulations – means these regulations.
  11. Registration – means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
  12. Owner – means the owner and administrator of the store – PROMED Group Incorporated, Ajeltake Road, MH86860 Majuro, MH. Contact – promed-europe (monkey) kfd.pl
  13. Operator – means KFD limited liability company with registered office in Warsaw, address: Solec 28, 00-403 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw Warsaw, XII Commercial Department of the National Court Register, under KRS number 0000347770, tax identification number NIP: 6312604082, which is a company executing orders provided by Promed Group Incorporated.
  14. Shop Website – means the website in the domain sklep.kfd.pl.
  15. Goods – means the product presented by the store owner via the Online Store Website, which may be the subject of the Sales Agreement.
  16. Persistent medium – means a material or tool enabling the Client or Owner to store information personally addressed to him in a way that allows access to information in the future for a reasonable period of time for the purpose of this information and which allows the stored information to be restored unchanged.
  17. Sale agreement – means a sales contract concluded remotely, on terms specified in the Regulations, between the Customer and the Store Owner.

 

2. General provisions and use of the Online Store

  1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Shop Website, as well as to patterns, forms, logos posted on the Store Website (except for logos and photos presented on The Store’s Website for the purpose of presenting goods to which copyrights belong to third parties) belong to the Owner, and the use of them may only take place in a manner specified and in accordance with the Regulations and with the consent of the Owner expressed in writing.
  2. The Owner will endeavor to make it possible for Internet users to use the Online Store using all popular web browsers, operating systems, device types and internet connection types. The minimum technical requirements enabling the use of the Store Website is a web browser at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with Javascript enabled, accepting “cookies” and an internet connection bandwidth of at least 256 kbit / s. The Store website is optimized for a minimum screen resolution of 1024×768 pixels.
  3. The owner uses the mechanism of “cookie” files, which while the Customers use the Shop Website, are saved by the Owner’s server on the hard drive of the Customer’s end device. The use of “cookies” is aimed at correct operation of the Store Website on the end devices of customers. This mechanism does not destroy the client’s end device and does not cause any configuration changes in the client’s end devices or software installed on these devices. Each customer can disable the “cookies” mechanism in the web browser of his terminal device. The owner indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store Website.
  4. In order to place an order in the Online Store via the Online Store Website and in order to use the services available on the Store Website, it is necessary for the Customer to have an active e-mail account.
  5. It is prohibited to provide the Customer with unlawful content and the Customer’s use of the Online Store, the Shop Website or free services provided by the Owner in a manner contrary to the law, good practices or infringing personal rights of third parties.
  6. The owner declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures that will minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The owner never asks the customer to provide him with a password in any form.

3. Registration

1. In order to create a Customer Account, the Customer is obliged to make a free Registration.

2. Registration is not necessary to place an order in the Online Store.

3. In order to register, the Customer should complete the registration form provided by the Owner on the Shop Website and send the completed registration form electronically to the Owner by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password.

4. When filling out the registration form, the Customer has the opportunity to read the Regulations, accepting its contents by marking the appropriate field on the form.

5. During the Registration, the Customer may voluntarily agree to the processing of his personal data for marketing purposes by checking the appropriate box of the registration form. In this case, the Owner clearly informs about the purpose of collecting personal data of the Client, as well as information known to the Owner or anticipated recipients of such data.

6. The Customer’s consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Owner for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate Client statement to the Owner. The declaration may be sent, for example, to the Owner’s address via e-mail.

7. After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Owner. At this time, an agreement is concluded for the provision of electronic services for the Customer Account service, and the Customer will be able to access the Customer Account and make changes provided during the registration of data, with the exception of the Login.

4. Orders

1. The information contained on the Shop Website does not constitute the Owner’s offer within the meaning of the Civil Code, but only the invitation of Customers to submit offers to conclude a Sales Agreement.

2. The Customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.

3. A customer placing an order via the Online Store Website completes the order by selecting the Goods he is interested in. Adding the Goods to the order is done by selecting the “Add to basket” command under the given Good presented on the Shop Website. After completing the entire order and indicating the method of delivery and payment method in the “BASKET”, the Customer places the order by sending the order form to the Owner, selecting the “go to order” button on the Shop Website. Each time before sending the order to the Owner, the Customer is informed about the total price for the selected Goods and Delivery, as well as all additional costs which he is obliged to incur in connection with the Sale Agreement.

4. Placing an order constitutes submission to the Owner by the Customer of an offer to conclude an Agreement for the sale of the Goods being the subject of the order.

5. After placing the order, the Owner sends to the e-mail address provided by the Customer a confirmation of its submission.

6. Then, after confirming the submission of the order, the Owner sends to the e-mail address provided by the Customer information about the acceptance of the order for execution. Information about the acceptance of the order for execution is a declaration of the Owner about the acceptance of the offer referred to in §4 para. 4 above and as of its receipt by the Customer, a Sales Agreement is concluded.

7. After the conclusion of the Sales Agreement, the Owner confirms to the Customer its terms, sending them on a Durable Medium to the email address of the Customer or in writing to the address indicated by the Customer during the Registration or ordering.

5. Payments

1. Prices on the Shop Website placed at the given Product are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sale Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.

2. The Customer may choose the following payment methods for ordered Goods:

a) bank transfer to the Operator’s bank account (in this case, the order will be processed after the Owner sends the confirmation of the order receipt and after the funds have been credited to the Operator’s bank account); Account no. 97 1140 2004 0000 3202 7510 5554 (applies to orders placed from 17/12/2016).

b) transfer using the PayU payment system. The User makes a payment under the Share Agreement with a payment card or bank transfer through the PayU external payment system, operated by PayU SA with its registered office in Poznań.

c) via bank transfer via the electronic payment system – PayPal, conducting operational activity at: http://www.paypal.com (periodic option).

3. The Customer is always informed by the Owner on the Shop Website about the deadline in which he is obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.

4. If the Customer fails to make the payment within the time limit referred to in §5 para. 3, the Owner appoints the Customer an additional deadline for making the payment and informs the Customer about it on the Permanent Storage. Information about the additional payment deadline also includes information that after the expiry of this deadline, the Owner will withdraw from the Sales Agreement. In the event of the ineffective expiration of the second deadline for making the payment, the Owner will send the Customer on a Permanent Storage Carrier a declaration of withdrawal from the contract pursuant to art. 491 of the Civil Code.

6. Delivery

1. After the order is handed over by the Owner, the Operator executes the Delivery on the territory of the Republic of Poland and within the European Union.

2. The Operator is obliged to deliver the Goods being the subject of the Sales Agreement between the Owner and the customer, free from defects.

3. The owner publishes on the Shop Website information on the number of Working Days needed for the Delivery and execution of the order.

4. The deadline for Delivery and execution of the order indicated on the Shop Website is calculated in Working Days in accordance with §5 para. 2.

5. Ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.

6. On the day of sending the Goods to the Customer (if the option of personally collecting the Goods has not been selected), the information confirming the shipment by the Operator shall be forwarded to the email address of the Customer.

7. The customer should examine the delivered parcel in time and in the manner accepted with parcels of a given type, in the presence of the Supplier’s employee. In the event of a loss or damage to the shipment, the Customer has the right to demand from the Supplier’s employee to draw up the proper protocol.

8. The Operator, in accordance with the Client’s wishes, joins the parcel or the VAT invoice for the delivered Goods to the parcel that is the subject of the Delivery.

9. In the absence of the Customer at the address indicated by him, given when placing the order as the delivery address, the Supplier’s employee will leave an advice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Operator will contact the Customer by e-mail or by phone, setting the delivery date and cost with the Customer again.

7. Warranty

1. The Operator ensures the delivery of the Goods free of physical and legal defects. The Operator is liable to the Customer if the Product has a physical or legal defect (warranty).

2. If the Product has a defect, the Customer may:

a) submit a statement of price reduction or withdrawal from the Contract of Sale, unless the Operator immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect.

This limitation does not apply if the Product has already been replaced by the Operator or the Operator has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects. Instead of the defect proposed by the Operator, the Customer may request replacement of the Product free of defects, or instead of replacing the Product, demand removal of the defect, unless it is impossible to bring things to compliance in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Operator. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would expose the other way of satisfying.

b) demand replacement of defective product with one free of defects or removal of defect. The operator is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer.

The Operator may refuse to satisfy the Client’s request if it is impossible to bring the defective Goods into conformity with the Agreement in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Operator.

3. The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the Operator’s address. In the case of the Customer being a Consumer, the delivery cost is covered by the Operator.

8. Complaints

1. Any complaints related to the Products or the implementation of the Sales Agreement, the Customer may submit in writing to the Operator’s address or the Address of the Owner.

2. The Operator, within 14 days from the date of the request containing the complaint, will address the complaint of the Product or complaint related to the implementation of the Purchase Agreement notified by the Customer.

3. The Customer may submit a complaint to the Owner in connection with the use of free services provided electronically by the Owner. The complaint may be submitted in electronic form and sent via the form – https://sklep.kfd.pl/kontakt-i-5 (item “Complaints”) to the address complaints (malpa) kfd.pl. In the complaint, the Customer should include a description of the problem. The owner shall promptly, but no later than within 14 days, consider complaints and give the Customer a reply.

9. Warranty

1. Goods sold by the Operator are covered by a guarantee granted by the producer of the Goods.

2. Complaints and dispatch of defective goods takes place at the Operator’s address: KFD Sp. z oo, ul. Zachodnia 2a, 55-330 Błonie.

10.  Withdrawal from the Sales Agreement

1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it without giving reasons within 14 days.

2. The running of the deadline for withdrawal from the Contract of Sale shall commence from the moment the Customer takes possession of the Goods. The Customer may withdraw from the Sales Agreement by submitting to the Owner (contact form on the website) a declaration of withdrawal. To meet the deadline, it is enough to send a statement before its expiry.

3. In the event of withdrawal from the Sales Agreement, it is considered void.

4. If the Customer made a statement on withdrawal from the Contract of Sale before the Owner accepted his offer, the offer ceases to be binding.

5. The Owner and / or Operator is required to immediately, no later than within 14 days from the date of receipt of the Customer’s statement of withdrawal from the Contract of Sale, return all payments made by him, including the cost of Delivery of the Goods to the Customer. The Owner or Operator may withhold reimbursement of payments received from the Customer until receipt of the Goods back or delivery of proof of sending back the Goods, depending on which event occurs first.

6. If the Customer using the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Owner, the Owner is not obliged to reimburse the Customer for additional costs incurred.

7. The Customer is obliged to return the Goods to the Operator immediately, but not later than within 14 days from the date on which he resigned from the Contract of Sale. To meet the deadline, it is enough to return the Goods to the Operator’s address before the deadline expires.

8. In the event of withdrawal, the Customer bears only the direct cost of returning the Goods.

9. If, due to its nature, the Product can not be returned by normal mail, the Operator informs the Customer about the cost of returning the item.

10. The Customer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

11. The Owner or Operator shall return the payment using the same method of payment as the Customer used, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.

12. The right to withdraw from the Purchase Agreement shall not be granted to a Customer who is a Consumer in relation to contracts in which the Good is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs.

11. Protection of personal data

1. The administrator of personal data of Customers provided to the Owner voluntarily as part of the Registration, placing a one-time order and as part of providing the Service by electronic means or under other circumstances specified in the Regulations, is the Owner.

2. The owner processes Clients’ personal data in order to perform orders, provide services by electronic means and other purposes specified in the Regulations. The data is processed only on the basis of legal provisions or consent expressed by the Customer in accordance with applicable law.

3. The Customer submits his personal data to the Owner on a voluntary basis, with the reservation that failure to provide certain details during the Registration process makes it impossible to register and create a Customer Account and prevents the Customer from placing and processing the order in the event of placing an order without registering a Customer Account.

4. Anyone who provides their personal data to the Owner has the right to access their content and to correct it.

5. The owner provides the opportunity to remove personal data from the collection, in particular in the event of deletion of the Customer Account. The Owner may refuse to delete personal data if the Client has not paid all amounts due to the Operator or violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer’s liability.

6. The owner protects the personal data transferred to him and makes every effort to protect them against unauthorized access or use.

7. The owner transfers the Customer’s personal data to the Operator and the Supplier to the extent necessary to perform the Delivery. If the User selects a payment through the PayU website, his personal data will be provided to the extent necessary for the performance of the contract with PayU SA based in Krakow.

12. Termination of the contract (not applicable to Contracts of sale)

1. Both the Customer and the Owner may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to retaining the rights acquired by the other party prior to the termination of the above-mentioned. contract and provisions below.

2. The Customer who has registered will terminate the contract for the provision of electronic services by sending to the Owner an appropriate declaration of intent, using any means of remote communication, enabling the Owner to read the Customer’s declaration of intent.

3. The Owner shall terminate the contract for the provision of electronic services by sending to the Customer an appropriate statement of will to the email address provided by the Customer during the Registration.

13. Final provisions

1. The owner is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Owner is liable only in case of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.

2. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store’s Website.

3. In the event of a dispute arising out of the concluded Sales Agreement, the parties shall endeavor to resolve the matter amicably.

4. Every customer can use non-judicial means of dealing with complaints and redress. In this regard, it is possible for the client to use mediation. Lists of permanent mediators and existing mediation centers are transmitted and made available by the Presidents of the relevant District Courts.

5. The owner reserves the right to change these Regulations. All orders forwarded by the Owner to be implemented before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which was in force at the date of placing the order by the Customer. The amendment to the Regulations comes into force on the day of publishing on the Shop Website. The owner will inform the client 7 days before the new Regulations enter into force on the amendment of the Regulations by means of an email sent electronically containing a reference to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he / she is obliged to notify the Owner about it, which results in the termination of the contract in accordance with the provisions of §13.

6. The Regulations shall enter into force on December 16, 2016.