Terms of service
TERMS AND CONDITIONS OF THE MEDAFA.EU ONLINE SHOP
§1
GENERAL INFORMATION
1) These Regulations define the rules of entering into sales agreements through the MEDAFA.EU online shop and specify the rules of performing these agreements, the rights and obligations of the seller and the customer, as well as the rules of complaint procedure.
2. the MEDAFA.EU Internet Shop is available at www.medafa.eu. The online Shop is owned by Firma Wielobranżowa "LENA" Krzysztof Adamczyk, ul. Spadochroniarzy 56C, 34-730 Mszana Dolna NIP: 7371342690, REGON: 490791708, (hereinafter referred to as MEDAFA.EU or the Seller).
3. telephone number of the Online Shop: +48 794 001 335 - serviced Monday to Friday from 08:00 to 16:00 (call charge according to the operator's tariff).
4. e-mail address of the Internet Shop: info@medafa.eu The Internet Shop answers e-mails from Monday to Friday until 16:00. Messages sent on Saturdays, Sundays or holidays are answered by the Internet Shop on the next working day.
§2
DEFINITIONS:
The terms used in the Terms and Conditions shall mean:
1) Customer - a natural person, a legal person or an organisational unit that is not a legal person, to which special regulations grant legal capacity, making an Order from the Shop;
2. the Civil Code - the Act of 23 April 1964 (consolidated text: Journal of Laws 2014, item 121 as amended);
3. regulations - these Regulations for the provision of electronic services within the medafa.eu Online Shop;
4. online Shop (Store) - the online service available at www.medafa.eu , through which the Customer may, in particular, place Orders;
5. the Seller - Firma Wielobranżowa "LENA" Krzysztof Adamczyk, ul. Spadochroniarzy 56C, 34-730 Mszana Dolna
6. Goods - products offered by the Seller through the Shop;
7. contract of sale - a contract for the sale of Goods or Goods within the meaning of the Civil Code entered into between Firma Wielobranżowa "LENA" Krzysztof Adamczyk in Mszana Dolna (the Seller) and the Customer, entered into through the website of the Shop;
8. the Act on Provision of Electronic Services - the Act of 18 July 2002 on Provision of Electronic Services (consolidated text: Journal of Laws 2013, item 1422);
9. order - a declaration of will made by the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type, number and characteristics of the ordered Goods and the Customer's data.
§3
GENERAL PROVISIONS:
(1) These Regulations set out the rules for the use of the Online Store available at www.medafa.eu
(2) These Terms and Conditions are the rules referred to in Article 8 of the Act on provision of electronic services.
(3) These Regulations set out in particular:
a.) principles of registration and use of an account within the Internet Shop by Customers;
b.) terms and conditions for placing Orders electronically as part of the Online Store;
c.) principles of concluding Sales Agreements using the services provided as part of the Online Store.
(5) The Customers may access these Terms and Conditions at any time via a link placed on the home page of www.medafa.eu and download and print them or store them in a manner enabling them to access the information contained in the Terms and Conditions in the future.
§4
SUBJECT OF THE SHOP'S ACTIVITY:
(1)
1. The Medafa online store, available at https://www.medafa.eu , offers online sales and delivery of medical chairs, stools, medical footwear, accessories, and other products intended for use in healthcare facilities, medical practices, and specialist salons. Through the online store, customers can browse the product range and place orders for available products.
§5
PRODUCTS:
(1) All Goods offered in the Online Shop are brand new.
(2) The Seller is obliged to deliver Goods free from defects.
(3) Goods offered through the Online Store are divided into genres in the following groups:
- medical chairs
- medical stools
- medical footwear
- accessories
- accessories for chairs
- Infant hip ultrasound couch
- upholstery cleaning and impregnation
A limited number of Goods is intended for sale and promotional sales. Orders shall be fulfilled in the order they are received by the Online Store until stocks of Goods for sale and promotional sales are exhausted.
Medical chairs and stools and protective mats for dental chairs are manufactured to individual Customer's order. Due to the above, it is not possible to cancel an order once the production process has started, nor are they subject to returns. The lead time is up to 10 working days from the date the payment is credited to the Seller's bank account.
§6
PRICES:
1. All prices of the Goods given on the website of the Online Shop http://www.medafa.eu are expressed in Euros (EUR) and are net prices ( excluding VAT).
2. In the event of a discount or promotion by the Seller of the given Goods, the price of the Goods given on the website of the Store takes into account the discount or promotion.
3. The price binding for the parties is the price at which the Customer ordered the Goods in the Order placed by him.
4. The prices of Goods given on the website of the Store, do not include the cost of delivery of Goods to the Customer.
§7
TAX DOCUMENTATION OF PURCHASES
1. All sales made through the Medafa online store, available at https://www.medafa.eu, are documented by invoices issued in accordance with applicable Polish and European Union tax regulations.
2. Invoices are issued based on the billing information provided by the Customer when placing an order. The Customer is responsible for ensuring that all information required for invoicing is accurate, complete and up to date.
3. Customers purchasing goods for business purposes (B2B) are required to provide their registered company name, business address and applicable tax identification number. Customers established in another European Union Member State who wish to benefit from the 0% VAT rate for intra-Community supplies must provide a valid EU VAT identification number registered for intra-Community transactions.
4. Supplies of goods to business customers established in other European Union Member States may be subject to a 0% VAT rate, provided that all applicable legal requirements for intra-Community supplies of goods are fulfilled, including the verification of the Customer's EU VAT number and the required evidence of the transport of goods between Member States.
5. The Seller may verify EU VAT identification numbers using the European Union's VAT Information Exchange System (VIES) and may request additional documentation necessary to confirm eligibility for the 0% VAT rate.
6. If the Customer's EU VAT number is invalid, cannot be verified, or any other legal requirements for applying the 0% VAT rate are not met, the Seller will apply VAT in accordance with the tax regulations applicable to the transaction.
7. Sales to private individuals (B2C) and other Customers not eligible for the 0% VAT rate are subject to VAT in accordance with applicable European Union and national tax regulations. For cross-border distance sales within the European Union, the applicable VAT rate may be determined by the country of destination of the goods, including where relevant under the EU VAT One Stop Shop (OSS) rules.
8. Invoices are issued in accordance with the invoicing and electronic reporting requirements applicable to the Seller, including the Polish National e-Invoicing System (KSeF), where legally required. Invoices for Customers outside Poland will be made available in an agreed and legally compliant manner, including electronically via the email address provided when placing the order, where applicable. Customers are not required to register with or independently access the Polish KSeF system in order to receive their invoice.
9. Where an invoice is made available electronically outside the Polish KSeF system, it will contain any verification codes or other information required by applicable law.
10. The Seller reserves the right to request additional billing information, supporting documents or corrections where necessary to issue invoices correctly, verify the Customer's tax status or determine the appropriate VAT treatment.
11. Any corrections to issued invoices will be made in accordance with applicable tax regulations and invoicing procedures.
§8
RULES OF USING THE ONLINE SHOP:
(1) In order to ensure the security of the transmission of messages and data, in connection with the services provided by the Online Store, the Store shall take technical and organisational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted on the Internet.
(2) It is forbidden for the Customer to provide unlawful content (in particular content that promotes violence, defamatory or violating personal rights and other rights of the Seller or third parties). It is also prohibited for the Customer to use the services provided electronically in a manner contrary to the law, good morals, violating the legitimate interests of the Seller, which are considered to be in particular:
(a) using the Online Shop in a manner that interferes with its functioning, in particular by using inappropriate software or equipment,
b) undertaking actions consisting in sending or placing within the scope of the Internet Shop unsolicited commercial information (spam),
c) using the Online Store in a manner that is disruptive to other entities.
§9
PROCEDURE FOR CONCLUDING A SALES CONTRACT:
Orders may be placed through the Medafa online store, available at https://www.medafa.eu, 24 hours a day, 7 days a week. The availability of the online ordering system does not mean that Orders are processed outside the Seller's normal business hours.
Orders placed on business days after 4:00 p.m. (Polish local time), as well as on Saturdays, Sundays and public holidays in Poland, will generally be processed on the next business day. For the purposes of these Terms and Conditions, a business day means Monday to Friday, excluding public holidays in Poland.
To place an Order through the Store, the Customer must visit https://www.medafa.eu, select the desired Goods and their available characteristics, such as size, colour, quantity or other product specifications, and follow the instructions displayed during the ordering process.
The Customer selects Goods by adding them to the shopping cart. Before submitting the Order, the Customer may review the contents of the cart, change product quantities, remove selected Goods and correct the information entered during the ordering process.
To complete an Order, the Customer must provide the information necessary for its processing, including the required billing and delivery details, select an available delivery method and payment method, and accept these Terms and Conditions. Any optional consent, including consent to receive marketing communications, must be provided separately and is not a condition for placing an Order.
Before the Customer submits the Order, the Store displays an Order summary containing, in particular:
a) the description, quantity and main characteristics of the selected Goods;
b) the unit prices and total price of the Goods, including applicable taxes;
c) delivery costs and any additional charges applicable to the Order;
d) the selected delivery method and delivery address;
e) the selected payment method;
f ) the total amount payable by the Customer, including all applicable taxes, delivery charges and other mandatory costs.
The Customer is responsible for verifying the accuracy of the Order details before submission. The Store provides the Customer with the opportunity to identify and correct input errors before placing the Order.
To submit an Order, the Customer must confirm acceptance of these Terms and Conditions and click the button clearly indicating that the Order involves an obligation to pay, such as "Buy and Pay" or "Order with Obligation to Pay". By submitting the Order, the Customer acknowledges the obligation to pay the total amount indicated in the Order summary if the Sales Contract is concluded.
After submitting an Order, the Customer will receive an automatic email confirming acceptance of the Order at the email address provided during the ordering process.
The Sales Contract is concluded at the moment the Seller sends the automatic Order confirmation email to the Customer. This confirmation constitutes acceptance of the Order by the Seller and includes the essential details of the Order, including the Goods purchased, the total price, the selected delivery method and the relevant payment information. No additional confirmation from the Seller is required for the Sales Contract to be concluded.
Sales Contracts are concluded in the language version made available to and selected by the Customer during the ordering process, provided that the relevant language version is supported by the Store. The applicable Terms and Conditions shall be made available to the Customer before placing the Order in a form that allows them to be saved and reproduced.
If, after an Order has been submitted, it becomes apparent that any of the ordered Goods are unavailable or cannot be delivered within the indicated timeframe, the Seller shall inform the Customer without undue delay. Before accepting the Order, the Seller may propose a revised delivery date, an alternative product or a modification of the Order, subject to the Customer's agreement. Where a Sales Contract has already been concluded, any change to its essential terms requires the Customer's agreement. The Customer's statutory rights in the event of non-delivery or delayed delivery remain unaffected. Any payment received for Goods that will not be supplied shall be refunded in accordance with applicable law.
The Seller may contact the Customer using the contact details provided during the ordering process if additional information or clarification is reasonably necessary to process or fulfil the Order.
The Seller processes Customers' personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), applicable Polish data protection legislation and other relevant legal requirements. Personal data necessary for concluding and performing a Sales Contract are processed primarily on the basis of Article 6(1)(b) GDPR, while data required for compliance with legal obligations are processed on the basis of Article 6(1)(c) GDPR.
Customers' personal data may be disclosed, to the extent necessary and legally permitted, to entities involved in fulfilling Orders and operating the Store, including delivery service providers, payment service providers, IT service providers, accounting service providers and other authorised recipients.
The processing of personal data for marketing purposes, including sending newsletters, promotional offers and information about new products, is carried out where the Customer has provided the required consent or where otherwise permitted by applicable law. Customers may withdraw their consent at any time.
Customers have rights under the GDPR, including the rights of access, rectification, erasure, restriction of processing, data portability, objection and withdrawal of consent, subject to the applicable legal conditions. Customers also have the right to lodge a complaint with a competent data protection supervisory authority. The exercise of these rights does not affect the Seller's obligation to retain certain data where required by applicable law.
Detailed information concerning the processing of personal data, including the identity and contact details of the data controller, purposes and legal bases of processing, recipients of personal data, retention periods, international data transfers and Customers' rights, is provided in the Privacy Policy available on the Medafa online store website at https://www.medafa.eu.
These provisions apply to both business Customers (B2B) and individual consumers (B2C), unless otherwise stated or required by applicable law. Nothing in these Terms and Conditions excludes or limits any mandatory consumer rights or protections granted under applicable European Union or national legislation.
§11
PRICES AND PAYMENT METHODS
1. All prices of Goods offered through the Medafa online store, available at https://www.medafa.eu, are displayed in euros (EUR).
2. Prices displayed in the Store include Value Added Tax (VAT), where applicable. The standard VAT rate applied by the Seller is 23%, unless a different VAT rate or tax treatment is required under applicable law.
3. A 0% VAT rate may apply to intra-Community supplies of Goods to business customers registered for VAT purposes in another European Union Member State, provided that the Customer has a valid EU VAT identification number verified through the VIES system and all other legal requirements for applying the 0% VAT rate are met, including proof of delivery of the Goods to another EU Member State.
4. For sales to consumers in other European Union Member States, the applicable VAT rate will be determined in accordance with EU VAT regulations, including the rules governing intra-Community distance sales of goods.
5. Delivery costs, where applicable, are calculated separately and displayed to the Customer before the Order is submitted. The total amount payable, including the price of the Goods, applicable taxes, delivery charges and any other mandatory costs, is presented in the Order summary before the Customer confirms the purchase.
6. The Customer may pay for an Order using the following payment methods, subject to their availability at checkout:
a) PayPal – online payment through the PayPal payment system;
b) Credit or debit card – including Visa and Mastercard, processed through the Stripe payment platform.
7. Payment for an Order must be made in advance using one of the available payment methods. The Seller will commence processing the Order after successful payment confirmation, unless otherwise expressly agreed with the Customer.
8. If an online payment is unsuccessful, cancelled or not completed, the Customer may attempt payment again using an available payment method. Orders for which payment has not been successfully completed will not be processed or dispatched.
9. Where payment is not completed, the Seller may contact the Customer to clarify the payment status or provide an opportunity to complete the transaction. Any cancellation of an unpaid Order shall be handled in accordance with applicable law and the provisions governing the conclusion and termination of Sales Contracts.
10. In the case of high-value, bulk or individually customised Orders, the Seller and the Customer may agree on specific commercial conditions, including product specifications, pricing, payment arrangements and delivery terms. Customers wishing to place such Orders are encouraged to contact the Seller before submitting an Order through the Store.
11. The processing and dispatch times for Goods depend on their availability and the nature of the products ordered. Goods manufactured, upholstered or customised to the Customer's specifications may require additional preparation time. Information regarding the estimated processing or delivery time may be provided by the Seller separately, depending on the type of Order.
12. Payment transactions are processed by independent payment service providers in accordance with their applicable terms and security procedures. The Seller does not receive or store Customers' complete payment card details where payments are processed directly by the relevant payment service provider.
13. Where the Customer's bank, card issuer or payment service provider applies currency conversion, the exchange rate and any applicable conversion charges are determined in accordance with that provider's terms. The Seller is not responsible for charges independently imposed by the Customer's payment service provider, except where otherwise required by applicable law.
14. The Seller reserves the right to update the prices of Goods and the available payment methods. Any such changes shall not affect Orders for which a Sales Contract has already been concluded, unless otherwise agreed with the Customer in accordance with applicable law.
14. Nothing in these Terms and Conditions shall exclude or limit the mandatory rights of consumers under applicable European Union or national consumer protection legislation.
§12
CUSTOMER'S RIGHT OF WITHDRAWAL FROM THE CONTRACT
1. Products Made to Individual Customer Specifications
In accordance with Article 38(1)(3) of the Polish Consumer Rights Act of 30 May 2014, the statutory right of withdrawal does not apply to contracts for the supply of non-prefabricated goods manufactured according to the Customer's specifications or intended to meet the Customer's individual needs.
This exception applies, in particular, to medical chairs, medical stools and other medical equipment specifically manufactured or customised according to the Customer's individual requirements, provided that the products meet the statutory criteria for exclusion from the right of withdrawal.
Customers are informed before placing an order whether a particular product is made to individual specifications and is therefore excluded from the statutory right of withdrawal.
The exclusion of the right of withdrawal does not affect the Customer's statutory rights in the event of defective goods or goods that do not conform to the contract.
2. Right of Withdrawal for Standard Products
For products that are not excluded from the statutory right of withdrawal, the Customer has the right to withdraw from a distance contract within 14 days without providing any reason.
The withdrawal period begins on the day on which the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Goods. Where applicable, the period is calculated from the receipt of the last item, batch or part.
To exercise the right of withdrawal, the Customer must inform the Seller of their decision by means of an unequivocal statement. The Customer may use the Withdrawal Form provided by the Seller, but its use is not mandatory.
The withdrawal deadline is met if the Customer sends the statement of withdrawal before the expiry of the applicable period.
3. Return of Goods
Following withdrawal from the contract, the Customer must return the Goods without undue delay and no later than 14 days after notifying the Seller of their decision to withdraw.
The direct costs of returning the Goods shall be borne by the Customer, provided that the Customer was duly informed of this obligation before the contract was concluded.
Returned Goods should be sent to the return address specified by the Seller. The Customer may also return the Goods in person at the Seller's designated location, where this option is available.
The Seller's contact details are available at www.medafa.eu.
4. Refunds
In the event of a valid withdrawal, the Seller shall reimburse all payments received from the Customer, including standard delivery costs, without undue delay and no later than 14 days after being informed of the Customer's decision to withdraw.
The Seller may withhold reimbursement until the Goods have been received or the Customer has provided evidence of having returned them, whichever occurs first.
Refunds shall be made using the same payment method used by the Customer for the original transaction, unless the Customer expressly agrees otherwise and does not incur any additional fees.
If the Customer selected a delivery method more expensive than the least expensive standard delivery option offered by the Seller, the additional delivery costs shall not be reimbursed.
5. Customer's Responsibility for Returned Goods
The Customer shall be liable for any reduction in the value of the Goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
6. Additional Statutory Exceptions
The statutory right of withdrawal shall also not apply in other circumstances specified by applicable law, including, where the relevant statutory conditions are met:
a) services fully performed with the Customer's prior express consent and acknowledgement of the loss of the right of withdrawal upon full performance;
b) goods manufactured according to the Customer's individual specifications or intended to meet their personalised needs;
c) urgent repair or maintenance services expressly requested by the Customer, within the limits provided by applicable law.
7. Statutory Consumer Rights
Nothing in these provisions shall limit or exclude any mandatory rights granted to Customers under applicable consumer protection legislation.
These provisions also apply, where required by law, to natural persons conducting business activities who are entitled to consumer-like protection under Polish law.
§13
LIABILITY TO THE CONSUMER FOR DEFECTS IN GOODS AND COMPLAINT PROCEDURES:
(1) Complaints are dealt with on the basis of the provisions of the Civil Code.
(2) The Seller shall be liable to the Customer if the Goods have a physical or legal defect. The Seller's liability for defects of the Goods is regulated in the provisions of Art. 556 et seq. Civil Code.
(3) If the Goods have a defect, the Customer should contact the Seller by e-mail or telephone requesting repair or replacement of the defective components. This limitation does not apply if the Goods have already been replaced or repaired, or the Seller has failed to fulfil the obligation to replace the Goods with defect-free ones or remove the defect. The Client may, instead of removal of defects proposed by the Seller, demand replacement of the Goods with defect-free ones or, instead of replacement of the Goods, demand removal of the defect, unless bringing the Goods into conformity with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, type and significance of the defect shall be taken into account, as well as inconvenience to which the Client would be exposed by another way of satisfaction. The Customer may not withdraw from the contract if the defect is insignificant.
(4) In order to improve the service and ensure the highest quality of service, please enclose proof of purchase with the Goods complained about. In order to improve the complaint service, we also ask that you complete and attach a complaint form to the Goods complained of, (DOWNLOAD FORM HERE).
(5) In the case of exercising claims or rights under the warranty, complaints should be submitted to the address of the Showroom operated by the Seller from which the Goods were sent or collected. Complaints may also be submitted in person at the Salon operated by the Seller. The address of the Showroom is given on the website www.medafa.pl.
(6) The Customer will be informed by the Seller about the manner of processing the complaint within 14 days from the date of its submission. If the Customer submits a request to replace the Goods with defect-free ones, remove the defect or reduce the price, the Seller's failure to respond to the request within the period specified in the first sentence shall mean that the request is considered justified.
(7) Before collecting the parcel from the courier, please check whether the packaging has not been damaged in transit. In particular, please pay attention to the condition of the tapes stuck to the parcel. If the packaging of the consignment bears the signs of damage or if the tapes are torn, the consignment should be opened in the presence of the courier, after which - in the case of damage to the Goods - a damage protocol should be drawn up with the participation of the courier and the Seller should be contacted.
(8) The Seller shall be liable under warranty for physical defects only if they existed at the time when the danger passed to the Customer or resulted from the cause inherent in the Goods at that time. In particular, the Seller's liability is excluded in the case of mechanical damage resulting, inter alia, from improper use of the Goods. In addition, the Seller is exempted from liability under warranty if the Buyer knew about the defect at the time of concluding the contract.
§14
TECHNICAL CONDITIONS. PROHIBITION OF UNLAWFUL CONTENT:
(1) The Customer may agree to enable Cookies. Detailed information on the purpose of storing and accessing information by means of cookies, as well as the possibility for the Customer to determine the conditions for storing or accessing the information contained in cookies by means of the settings of the software installed in the end device used by the Customer or the configuration of the service can be found on the website www.medafa.pl and in these Terms and Conditions.
§15
COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS
(1) The Seller shall take steps to ensure the proper functioning of the Online Store to the extent that results from current technical knowledge and undertakes to remove all irregularities reported by the Customers within a reasonable period of time.
(2) In order to enable the performance of obligations referred to in paragraph 1 above, please immediately notify the Seller of any irregularities or interruptions in the functioning of the Online Store.
(3) Irregularities related to the functioning of the Shop, the Customer may report them in writing to the address: Firma Wielobranżowa "LENA" Krzysztof Adamczyk ul. Spadochroniarzy 56C 34-730 Mszana Dolna or by e-mail at biuro@medafa.pl.
(4) In a complaint the Customer should give his name, address for correspondence, type and date of an irregularity connected with the functioning of the Shop.
5th The Seller undertakes to process each complaint within 14 days, and if this is not possible, to inform the Customer within that period when the complaint will be processed and the reasons for the delay.
§16
FINAL PROVISIONS
(1) The settlement of any disputes arising between the Seller and the Customer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure, subject to paragraphs (2) and (3) below.
(2) The Consumer has the following possibilities to use out-of-court ways of dealing with complaints and claims:
(a) applying to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from a concluded sales contract - for this purpose, an application should be made for the case to be heard before an amicable consumer court;
b) apply to the Provincial Inspector of Trade Inspection to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller - for this purpose, an application for mediation should be submitted,
Application forms referred to in letters a and b above are available at the secretariat of each consumer court and on the websites of the Provincial Inspectorates of Trade Inspection. 3.
(3) The Consumer may obtain free assistance in the case of a dispute between the Consumer and the Seller through the district (city) consumer ombudsman.
4th Settlement of any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
(5) In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on electronic services and other relevant provisions of Polish law shall apply.