TERMS AND CONDITIONS OF THE ONLINE STORE

AND THE PROVISION OF ELECTRONIC SERVICES

 

POZITRON PLUS GLOBAL

 

1

General information
 

The online store operates at https://pozitronplusglobal.com and is run by MEDI SPA d.o.o., Vlade Gotovca 21, 10 000 Zagreb-Susedgrad, Croatia, VAT EU: 60341287874.

 

1. Contact details:

 

	MEDI SPA d.o.o. Vlade Gotovca 21 10 000 Zagreb-Susedgrad, Croatia
	Phone No. +48 501766554
	e-mail: office@pozitronplusglobal.com

 

1. Using the online store requires prior reading of the "Information on the processing of personal data" and the Terms and Conditions as well as their acceptance.
2. The online store operating at https://pozitronplusglobal.com conducts mail-order sales within the European Union and beyond its borders.
3. The offer of the online store available at https://pozitronplusglobal.com is only addressed to registered participants of the partner programme POZITRON PLUS GLOBAL.

 

2

Definitions
 

In these Terms and Conditions, the following words and expressions shall have the following meanings:

 

1. Seller – MEDI SPA d.o.o., Vlade Gotovca 21, 10 000 Zagreb-Susedgrad, Croatia, VAT EU: 60341287874.

 

1. Store – the online store run by the Seller at https://pozitronplusglobal.com .

 

1. The participant of the partner programme POZITRON PLUS GLOBAL / Prosumer – Persons registered in the partnership programme according to the principles of the "Terms and conditions of partnership cooperation POZITRON PLUS GLOBAL".

 

1. Customer – the registered participant of the partnership programme POZITRON PLUS GLOBAL – a natural person with at least limited legal capacity, as well as a legal person or an organizational unit without legal personality placing an Order in the Store.

 

1. Consumer – a natural person making a legal transaction with the Seller (purchase of goods) not related directly to their business and professional activity.

 

1. Goods – Goods offered by the Seller for sale in the Store and visible on the Store's website.

 

1. Price – the price of the Goods, including the applicable value added tax (VAT) displayed next to the information about the Goods and without the costs of delivery of the Goods.

 

1. Sales agreement– a contract for the sale of Goods within the meaning of the Civil Code, entered between the Seller and the Customer.

 

1. Delivery cost – the cost related to the delivery of Goods ordered from the Store to the place specified by the Customer.

 

1. Order – a purchase order for the Price of Goods placed via mechanisms available on the Store's website by the Customer in accordance with the Terms and Conditions.

 

1. Services provided electronically – services provided without the simultaneous presence of the parties (distance provision), through the transmission of data at the individual request of the recipient, sent and received by means of electronic processing devices, including digital compression, and data storage, which is entirely broadcast, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 – the Telecommunications Law Act.

 

3

Services provided electronically
 

1. The Online Store provides services electronically to enable the conclusion and implementation of the sales agreement via the Online Store and sending commercial information.

 

1. Account – the functionality of the website enabling registration of 3. the participant of the partner programme POZITRON PLUS GLOBAL

1. The Prosumer Account may be used after completing the Registration Form and entering the so-called reflink that allows registration; then "Register" needs to be pressed
2. The Customer has the option, at any time and without giving a reason, to deactivate the Account (resignation from the Account) by sending an appropriate request to the Seller, preferably via e-mail to the following address:

 

office@pozitronplusglobal.com

 

1. Shopping cart – the functionality of the website in the form of an order form enabling placing orders and concluding a sales agreement remotely

1. The use of the Shopping cart begins with the Customer adding the first Goods to the electronic cart in the Online Store. Placing an Order takes place after confirmation of the selected / entered data and acceptance of the Price together with the cost of delivery by pressing the "ORDER AND PAY" box.
2. The Cart service is provided free of charge and is one-off; it ends when the Order is placed through it, or upon earlier cessation of placing an Order through it by the Customer.

 

1. Newsletter – website functionality that allows sending commercial information to the Customer.

1. The Customer may request commercial electronic information to be sent to their email address [Newsletter]; they shall give consent to the processing of personal data for this service by selecting the appropriate checkbox.
2. Expressing consent to receive the Newsletter does not constitute a prerequisite to register in the Store and to place an order.
3. The Newsletter service aims to inform the Customer about new Goods, services and promotions offered by the Store.
4. The Newsletter service is provided free of charge for an indefinite period. The Customer, without giving a reason, may unsubscribe from the Newsletter at any time by sending a relevant request to the Seller, preferably via e-mail to the following address:

 

office@pozitronplusglobal.com

 

1. To use all the functions of the Online Store, it is necessary to connect to the Internet and install at least the following versions of a web browser: Internet Explorer 11, Chrome 39, FireFox 34, Opera 26, Safari 5 or newer, with the enabled language service Javascript that accepts cookies and the electronic mail (e-mail).

 

1. The Customer shall use the Online Store in a consistent manner according to the law and decency, respecting personal rights as well as copyrights and intellectual property of the Seller and third parties. The Customer shall enter information consistent with the facts. The customer shall not provide unlawful content.

 

1. The Customer may make a complaint about services provided electronically. Complaints shall be sent by post to the address of the Seller:

 

MEDI SPA d.o.o. Vlade Gotovca 21 10 000 Zagreb-Susedgrad, Croatia

 

1. The complaint shall contain the following:

1. first name and surname or the name of the Customer,
2. the Customer's address or registered office,
3. other contact details of the Customer, in particular their e-mail address and telephone number,
4. the reasons for the complaint,
5. a suggested way of settling the complaint.

 

1. The response to the Customer’s complaint shall be immediate, no later than within 14 calendar days from the date of its submission.

 

4

Information on the processing of personal data
 

1. The administrator of the provided personal data is:

MEDI SPA d.o.o., Vlade Gotovca 21, 10 000 Zagreb-Susedgrad, Croatia, VAT EU: 60341287874.
 

	MEDI SPA d.o.o. Vlade Gotovca 21 10 000 Zagreb-Susedgrad, Croatia
	Phone No. +48 501766554
	e-mail: office@pozitronplusglobal.com

 

1. The Store processes the following Customers’ personal data:

1. first name, surname, e-mail address, address – the provision of which is necessary to conclude the agreement;
2. Tax Identification Number, Business Identification Number (REGON), company, business address – the provision of which is optional, however, failure to do so shall prevent the Seller from issuing a VAT invoice,
3. telephone number – the provision of which is optional, however, failure to do so may hinder the contact of the Seller with the Customer,
4. date of birth – the provision of which is optional, however, failure to do so shall prevent the Customer from receiving special offers or birthday discounts.

 

1. The purpose of processing Customers' personal data is:

1. performance of the agreement, including the registration of the Prosumer Account or Account of a Purchasing Group Member (as part of the Prosumer purchasing group), conclusion and implementation of the sales agreement, delivery performance, exercise of the right of withdrawal, consideration of the complaint, transaction settlement (the legal basis: Article 6, paragraph 1, let. b, GDPR);
2. providing the Newsletter service (the legal basis: Article 6, paragraph 1, let., GDPR).

 

1. The provided personal data may be entrusted by the Store to external entities: postal operators and suppliers, payment transaction operators, operators providing marketing services (only when the Newsletter has been ordered), accounting, legal, and IT services. The provided personal data shall also be made available to the Prosumer, the purchasing group the Customer is assigned to.

 

1. The administrator shall not transfer personal data to countries or international organizations outside the European Economic Area.

 

1. The Customer's personal data shall be stored for the duration of the agreement, the duration of the warranty and warranty for the goods as well as for the period of mandatory storage of accounting / tax documentation that stems from generally applicable provisions of law.

 

1. Personal data shall not be profiled or processed automatically.

 

1. The Customer is entitled to:

1. access to their personal data, including obtaining a copy thereof,
2. correct the data,
3. request deletion or limitation of data processing,
4. make a complaint regarding the processing,
5. transfer the data,
6. withdraw their consent to the processing of personal data; if the processing takes place on the basis of consent (in the case of the Newsletter service), the withdrawal of consent shall not affect the lawfulness of the processing that has been carried out based on consent given before its withdrawal.

 

1. The Customer is entitled to make a complaint about the processing of personal data to the supervisory body, which is currently the President of the Personal Data Protection Office (PPDPO).

 

5

Descriptions and photos of the Goods
 

1. All information about goods, and in particular catalogues, folders, brochures, and other information or advertising materials, as well as the information on page http://pozitronplusglobal.com does not constitute an offer within the meaning of the law and are only an invitation to submit offers. When completing the Order using the tools available on the Store's website, the Customer submits an offer to purchase specific Goods under the conditions specified in the description of the Goods.

 

1. The Seller shall do their best to ensure that photos, descriptions and technical details of the Goods placed in the Store are, as much as possible, represent their actual condition and standard.

 

 

6

Prices
 

1. Prices of Goods are made available to registered and logged Participants of the partner programme POZITRON PLUS GLOBAL.
2. All prices quoted in the Store are in Polish zloty and include VAT. The prices do not include Delivery costs. The value of the order given in the store includes both the price of the Goods and the costs of delivery.
3. All prices displayed in the online store are only binding when an order is placed through the online store, and they are only valid at the time of placing the order.
4. The Store reserves the right to change the Price of the Goods, introduce new Goods to the Store's offer, carry out and cancel promotional campaigns on the Store's websites or make changes to them. The exercise of this right has no effect on orders placed before these alterations.
5. The Store may issue coupons entitling to discounts, which are to be used in the Store; they are sent to customers by e-mail.
6. Discount coupons may be single-use or reusable, and are valid only for a specified period displayed on the coupon; they may not be combined with other discounts and may exclude certain Goods.
7. The value of the discount coupon may not be used to pay for Goods of other persons.
8. The amount of the discount granted in the form of a discount coupon does not bear interest or has no monetary value; therefore, it may not be exchanged for money.
9. Some discount coupons may contain restrictions: a minimum or maximum amount of the order.

 
 

7

Orders
 

1. The online store accepts orders via the order form – the shopping cart on https://pozitronplusglobal.com, which is available to registered participants of the partner programme POZITRON PLUS GLOBAL.

 

1. The condition for submitting a valid order via the order form – the shopping cart, is its correct completion on https://pozitronplusglobal.com. When placing an Order, the following needs to be provided:  
   1. the name, colour, size, and the quantity of the Goods,
   2. the name and surname of the Customer or recipient
   3. the exact delivery address,
   4. telephone number, and
   5. e-mail of the Customer.

 

1. Orders may be placed 24 hours a day, 7 days a week.

 

1. The receipt and acceptance of the placed Order is confirmed by the Seller by e-mail, to the e-mail address provided by the Customer, within 2 business days from the date of placing the order. Along with the confirmation of order acceptance, the Customer shall receive confirmation of the conclusion of the agreement together with its terms as well as a sample complaint form and withdrawal form in the form of a durable medium (a digital file).

 

1. The information provided by the Seller on the acceptance of the Order, following the Order placed by the Customer, sent via electronic mail is tantamount to the conclusion of a sales agreement binding both parties of the transaction.

 

1. The Seller issues a sales document. A receipt or (at the explicit request of the Customer) a VAT invoice is attached to the ordered Goods. Provided a VAT invoice is to be issued, the exact information needs to be provided in the order form or an e-mail so that the VAT invoice is correctly issued.

 

1. The Seller reserves the right to withdraw from the fulfilment of the Order provided that the Goods and delivery costs are not paid by the Customer within 5 business days from the date of receipt by the Customer of the information about the acceptance of the Order.

 

1. From the moment the order is placed until the goods are sent to the Customer, the Customer is entitled to cancel or change the order or change the necessary data for the issuance of the invoice. Cancellations or changes to the Order must be notified by email. From the moment of sending the Goods, the Customer shall not cancel or change the order or information necessary for the issuance of the invoice. The above does not affect the right to return the Goods in accordance with paragraph 9 therein.

 

1. The fulfilment of the order commences when the payment for the Goods and delivery costs have been received in the Seller's bank account.

 

8

Payment methods
 

1. The payment for the Good and Delivery costs may be made by the Customer via bank transfer to the Seller's bank account:

No:      IBAN HR2623600001102246986

SWIFT: ZABAHR2X

Bank: Zagrebačka banka d.d.., Trg bana Josipa Jelačića 10, 10 00 Zagreb

 

1. The payment for Goods and Delivery costs may also be made by the Customer via the payment service:

Cashbill

 

1. When paying for Goods, the Customer may use the discount coupon by entering its code in the appropriate window on the website and pressing "apply coupon".

 

9

Delivery
 

1. The Seller shall deliver Goods within the territory of the Republic of Poland as well as abroad, according to the placed Orders via courier or parcel by Poczta Polska S.A. Detailed delivery terms and conditions are regulated by the terms and conditions of the specified courier companies and Poczta Polska S.A. available on the websites of individual suppliers.

 

1. Sending the ordered Goods to the Customer is tantamount to the fulfilment of the order, and the delivery of the Goods determines the settlement of transactions with the Customer.

 

1. The expected date of order fulfilment is a maximum of 5 working days from the date of acceptance of the order for fulfilment. In the event that the ordered Goods are unavailable within the time limit specified in the order confirmation, the Seller shall immediately inform the Customer about the new anticipated delivery time and the possibility of withdrawal from the agreement by the Customer.

 

1. The Seller is not responsible for delivery of the Goods in the event when the address details provided by the Customer are incorrect or incomplete. Resending of the ordered Goods, once the parcel has returned to the Seller, is possible after making another payment for the delivery and the costs related to the return. The same applies provided the Customer fails to collect the parcel within the deadline, and it will be returned as a result.

 
 

10

Return of goods - applies only to customers who are consumers
 

1. Pursuance to Article 27 of the Act of 30 May 2014 on consumer rights, the Customer who is a Consumer is entitled to withdraw from a sales agreement within 14 days from the date of taking possession of the item by the consumer or by a third party appointed by them other than the carrier; and in the event that the agreement stipulates that many items are delivered separately, in batches or in parts, from the moment of taking possession of the last item, batch or part. To respect the above-mentioned deadline, only a statement before its expiry needs to be sent.
2. In order to withdraw from the agreement, the Customer may use the withdrawal from the agreement form, which shall be sent by post to the address of the Seller:

 

MEDI SPA d.o.o. Vlade Gotovca 21 10 000 Zagreb-Susedgrad, Croatia

 

1. The Customer shall return the item to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but no later than 14 days from the date they withdrew from the agreement unless the Seller has offered to collect the item themself. To meet the deadline, the items only need to be returned before its expiry.

 

1. The Customer shall return the Goods to the Seller's address:

 

MEDI SPA d.o.o. Vlade Gotovca 21 10 000 Zagreb-Susedgrad, Croatia

 

1. The Goods that are returned shall be packed in a way that ensures their safe transportation; the package shall be complete.

 

1. The amount paid by the Customer shall be refunded to them immediately once the Goods are returned, and the Seller has confirmed the legitimacy of making the return, no later than within 14 days from the date of the receipt of the Customer's statement on withdrawal from the agreement. The Seller may withhold the refund until the Goods are received, or the Customer provides the proof of sending the Goods, whichever event occurs first.

 

1. The refund due shall be made using the same method of payment that the Customer used unless the Customer specifies a different bank account number in the statement of withdrawal from the agreement.

 

1. In the event of a return of the Goods, the Customer shall incur the cost of its transport to the Seller.

 

1. In the event the Customer decides to return the Goods in accordance with the provisions in this part of the document, the sales agreement is deemed void; provided a VAT invoice was issued for the sale of the Goods, the Customer shall receive a corrective invoice issued to the purchase document.

 

1. The right to withdraw from a distance agreement is not entitled in the following events:

1. the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or intending to meet their individual needs;
2. the subject of the service is an item delivered in a sealed package that cannot be returned once opened because of health protection or hygiene reasons, provided the packaging has been opened after delivery;
3. the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
4. the delivery of perishable Goods or Goods with a short expiry date,
5. in other cases specified in Article 38 of the Act of 30 May 2014 on consumer rights.

 
 

11

Complaints
 

1. The Seller is responsible for the non-compliance of the Goods with the agreement (physical and legal defects of Goods) based on generally applicable provisions of law –  the Act of 23 April 1964, the Civil Code under warranty for defects in the things sold, i.e. Article 556 et seq.

 

1. In order to efficiently implement the customer’s rights stipulated in the Terms and Conditions, which stem from the provisions referred to in paragraph 1 therein, the Customer may complain about the Goods provided to them in accordance with the provisions of the Terms and Conditions, provided that it has been established that the Goods they purchased have defects.

 

1. The Terms and Conditions do not apply to the Customer's exercising the rights arising from the guarantee granted to given Goods by their producer or distributor. In this event, the Customer shall proceed in a manner resulting from the warranty card and applicable law, including the provisions of the Civil Code regarding warranty. As part of the complaint procedure, the Customer shall, however, attach the original or a photocopy of the warranty provided such was attached to the Goods when purchasing.

 

1. In order to make a complaint, the Customer may use the complaint form, which shall be sent by post to the Seller's address:

 

MEDI SPA d.o.o. Vlade Gotovca 21 10 000 Zagreb-Susedgrad, Croatia

 

1. When making a complaint, the following needs to be provided: 

1. first name and surname or the name of the Customer,
2. the Customer's address or registered office,
3. other Customer’s contact details, in particular the email address, telephone number,
4. agreement details (number or other designation of the agreement, e.g. receipt or invoice number, date of conclusion of the agreement, date of performance of the agreement, name of the Goods, quantity of items purchased, etc.),
5. the reasons for the complaint, including the determination of defects in a way that allows correct and reliable consideration of the complaint,
6. the suggested way of settling the complaint (replacement of the Goods for Goods free from defects, removal of defects or requesting a price reduction or withdrawal from the sales agreement), and information about the Customer's bank account if applicable.

 

1. The notification shall be accompanied by a proof of purchase of the advertised Goods; however, the proof may constitute, among others, a receipt or invoice issued by the Seller.

 

1. The notification, if possible, shall be accompanied by photos of the purchased Goods, including photos documenting their defects, as well as other documents relevant to the proper and efficient consideration of complaints.

 

1. In the event that the Customer's application does not contain any of the above-mentioned elements of the complaint application or attachments, the Seller may contact the Customer to immediately complete the missing information. This applies in particular to cases in which a specific lack of information in the application prevents a proper consideration of the case.

 

1. In order to consider the complaint appropriately, the Seller may operationally contact the Customer by telephone or e-mail.

 

1. In the event that the Seller responds to the Customer's complaint or to the exercise of their rights arising from the complaint, the Goods shall be delivered to the Seller; at the request of the Seller, the Customer shall deliver the Goods to the specified address at the expense of the Seller. However, provided that delivery renders impossible or it may be excessively inconvenient for the Customer due to the type of defect, the type of Goods or the way they have been installed, the Customer shall make the Goods available to the Seller at the place where the Goods are placed.

 

1. The Goods returned as a result of the complaint shall be packed in a way that ensures their safe transportation.

 

1. The Seller shall consider the complaint within 14 days from the date of its receipt; the Seller shall notify the Customer by mail about the manner of how their complaint will be considered.

 

1. The complaint and the decision of the Seller to consider it shall be based on the conditions set out in applicable law, in particular the provisions of the Civil Code regarding warranty.

 

1. Provided the complaint is accepted, the Seller, according to the Customer's request, replaces the Goods under the complaint about the Goods free from defects or removes the defect, unless compliance with the agreement in the manner chosen by the Customer is either impossible or excessively costly.

 

1. The replaced or repaired Goods shall be given to the Customer immediately, in a manner, at the place and time agreed with them.

 

1. The Seller shall inform the Customer about the impossibility of replacing the Goods with Goods free from defects or removing defects. The Customer retains the right to withdraw from the agreement or request a reduction in the price of the advertised Goods.

 

1. In the event that Customer submits a statement of withdrawal from the agreement or submits a request to reduce the price of the advertised Goods under conditions other than those referred to in paragraph 16, the Seller may instead, pursuant to Article 560, paragraph 1 of the Civil Code, immediately and without undue inconvenience to the Customer, replace the defective Goods with Goods free of defect or remove the defect, unless the given Goods have been already replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Goods with Goods free of defect or remove the defect.

 

1. In the event of effective exercise of the right to withdraw from the agreement, the Customer shall deliver to the Seller the purchased Goods in the manner, place, and time agreed with the Customer.

 

1. In the event of effective exercise of the right to request a reduction in the price of the advertised Goods, the Seller shall refund the price difference between the value of the Goods with defects and the value of the goods without defects proportionally.

 

1. The Seller shall refund to the Customer all reasonable and duly documented costs related to the exercise of the Customer's rights that have been considered as a result of making the complaint.

 

1. The costs referred to in point 1 include in particular the costs of delivery of the advertised Goods to the Seller, provided that this was in accordance with the provisions of these Terms and Conditions.

 

1. The refund of the sale price or its difference, as well as other costs, pursuant to these Terms and Conditions, shall take place no later than within 14 days from the day the complaint is accepted.

 

1. The refund shall be made using the same method of payment that the Customer used unless the Customer specifies another bank account number in the complaint.

 

1. Provided the complaint is rejected, in particular in the case the Seller finds no defect or finds that the defect was known to the Customer at the time of purchasing the Goods, as well as in case the Customer fails to complete the complaint form so that it may be appropriately considered, the Seller informs the Customer about the rejection of the complaint.

 

12

Final terms
 

1. For the matters that are not covered in these terms and conditions, the provisions of the Civil Code and other laws shall apply, and, in relation to consumers, also the Act of 30 May 2014 on consumer rights.

 

1. Particular actions related to the implementation of services in the online store that are not listed in these Terms and Conditions are described in other parts of the website and are an integral part of these Terms and Conditions.

 

1. All Goods offered by the Store are brand new, covered by warranty and at the time of delivery to the Customer are free from defects.

 

1. These Terms and Conditions shall enter into force on the day of making them available in the online store at https://pozitronplusglobal.com and are valid for an indefinite period.

 

1. The Seller is entitled to amend these Terms and Conditions.

 

1. The alterations referred to in point 5 do not apply to orders placed by the Customer that are carried out in accordance with the terms and conditions expressed in the wording accepted by the Customer before the conclusion of the Sales Agreement.

 

1. The information on specific threats to data security that may arise when using the services provided electronically may be found under ‘Information on threats’.

 

1. The website https://pozitronplusglobal.com uses cookies; information about cookies may be found under Cookies policy.

 

1. Notwithstanding other rights, in the event of a dispute with the Seller, the Customer who is a consumer may submit a request to resolve the dispute to a permanent consumer arbitration court or mediator. A sample list of alternative dispute resolution entities may be found on the website of the Office of Competition and Consumer Protection https://uokik.gov.pl/wazne_adresy.php

 

Pozitron Plus Global, the 15^th July 2020