TERMS AND CONDITIONS OF USE

 

WWW.DOTTORE.PL

 

§ 1

GENERAL PROVISIONS

  1.     The www.dottore.pl store shall operate according to the principles set forth in these Rules.
  2.     The Rules define conditions for concluding and terminating Contracts of Sale of Products and the complaint handling procedure as well as types and scope of services provided by electronic means by www.dottore.pl, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of services by electronic means.
  3.     Every Service Recipient is required to comply with the provisions of the Rules whenever they take any actions with the intention to use the Electronic Services provided by www.dottore.pl.
  4.     In matters not regulated by these Rules, the following provisions shall apply:
    1. The Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws No 144, item 1204, as amended),
    2. The Consumer Rights Act 30 May 2014 (Journal of Laws of 2014, item 827),
    3. The Act on out-of-court settlement of consumer disputes of 23 September 2016 (Journal of laws of 2016, item 1823),
    4. The Civil Code Act of 23 April 1964 (Journal of Laws No 16, item 93, as amended) and other relevant provisions of Polish law.

 

§ 2

DEFINITIONS INCLUDED IN THE RULES

  1.     CONTACT FORM– the form available at www.dottore.pl for sending messages to the Service Provider.
  2.     REGISTRATION FORM – the form available at www.dottore.pl for creating an Account.
  3.     ORDER FORM – the form available at www.dottore.pl for placing a Purchase Order.
  4.     CUSTOMER– Service Recipient who intends to enter into or has entered into a Contract of Sale with the Seller.
  5.     CONSUMER– a natural person who carries out a legal activity with a trader not directly related to his/her business or professional activity.
  6.     ACCOUNT– a set of resources with assigned unique name (login) and password in the IT system of the Service Provider where the Service Recipient’s data is collected, including the information about the Purchase Orders placed.
  7.     NEWSLETTER- the Electronic Service that enables the Service Recipient to subscribe and receive, at the e-mail address indicated by the Service Recipient, free of charge information from the Service Provider concerning the Store and the Products available therein.
  8.     PRODUCT– a tangible item or service available in the Store which is the subject of Contract of Sale between the Customer and the Seller.
  9.     RULES– these Rules of the Store.
  10.  STORE- the online Store of the Service Provider operating at www.dottore.pl.
  11.  SELLER, SERVICE PROVIDER, USŁUGODAWCA– DOTTORE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA entered in the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 7th Commercial Division of the National Court Register under KRS No: 0000459514, TAX ID NO (NIP): 7811884930, STATISTICAL ID NO (REGON): 302419610, place of business: 22 Margonińska street, 60-425 Poznań, service address: 112 Strzeszyńska, 60-479 Poznań, e-mail address (e-mail): biuro@dottore.pl, telephone No: +48 61 67 92 520.
  12.  OPINION SYSTEM– the Electronic Service made available to the Customers by the Service Provider for sharing their opinions on Products.
  13.  CONTRACT OF SALE – the Contract of Sale of Products concluded between the Customer and the Seller via the Store.
  14.  ELECTRONIC SERVICE – a service provided by electronic means by the Service Provider to the Service Recipient via the Store.
  15.  SERVICE RECIPIENT– a natural person, a legal person or an organizational unit with no legal personality with legal capacity conferred to them by law and who uses the Electronic Service.
  16.  SEARCH ENGINE– the Electronic Service made available to the Customers by the Service Provider that allows to search for certain Products on the basis of the content given by the Customer.
  17.  PURCHASE ORDER– the Customer’s declaration of will which is the offer to conclude the Contract of Sale of the Product with the Seller,

 

§ 3

INFORMATION ABOUT THE PRODUCTS AND HOW TO ORDER THEM

  1.     The www.dottore.pl store is an online retailer of the Products.
  2.     The Products offered at the Store are brand new, free of physical and legal defects and have been legally placed on the Polish market.
  3.     The information displayed on the websites of the Store does not constitute an offer within the meaning of the law. The Customer, by placing the Purchase Order, makes the offer to purchase a particular Product on the terms and conditions set forth in its description.
  4.     The Product price displayed on the Store website is given in Polish zloty (PLN) and/or in Euro (EUR) and includes all components, including VAT. The price does not include delivery costs.
  5.     The Product price displayed on the Store website shall be binding at the time when the Customer places the Purchase Order. This price shall not change regardless of price changes at the Store that may be introduced for individual Products after the Customer has placed the Purchase Order.
  6.     The Purchase Orders may be placed:
    1. via the website by filling out the Order Form (store www.dottore.pl) – 24 hours a day, 365 day a year,
    2. by e-mail at: biuro@dottore.pl,
    3. by phone at: +48 61 67 92 520.
  1.     To place the Purchase Order, the Customer is not required to register an Account in the Store.
  2.     To be able to place the Purchase Order the Customer is required to read and accept the Rules at the time of placing the Purchase Order.
  3.     The Store shall process the Purchase Orders placed from Monday to Friday during the Store working hours, i.e. from 08:00 a.m. to 4:00 p.m. on business days. The Purchase Orders placed on business days after 12:00 p.m., on Saturdays, Sundays and public holidays shall be processed on the following business day.
  4.  Special offer products (on sale) are available in a limited quantity and the Purchase Orders for these products shall be processed in the order as they are received subject to the availability of a given Product.

 

§ 4

CONCLUSION OF THE CONTRACT OF SALE

  1.     To be able to conclude the Contract of Sale, the Customer is first required to place the Purchase Order using any of the methods made available by the Seller in accordance with § 3(6) and (8) of the Rules.
  2.     As soon as the Purchase Order is placed the Seller shall confirm its receipt.
  3.     When the acceptance of the Purchase Order referred to paragraph 2 of this clause is confirmed, the Customer shall become bound by the Purchase Order. The receipt of the Purchase Order shall be confirmed by sending an e-mail.
  4.     The confirmation of receipt of the Purchase Order shall include:
    1. the confirmation of all relevant items of the Purchase Order,
    2. the contract withdrawal form,
    3. these Rules with a notice of the right to withdraw from the contract.
  1.     As soon as the Customer receives the e-mail referred to in paragraph 4 of this clause, the Contract of Sale shall be concluded between the Customer and the Seller.
  2.     Each Contract of Sale shall be supported by a proof of purchase (fiscal receipts or VAT invoice at the Customer's request).
  3.     A VAT invoice shall be issued in electronic form in accordance with the rules laid down in the Act on goods and services tax of 11 March 2004 (Journal of laws of 2004, No. 54, item 535, as amended). At the Customer’s request the VAT invoice shall be issued immediately in a traditional form.

 

§ 5

PAYMENT METHODS

  1.     The Seller shall make available the following payment methods:
    1. payment by a traditional bank transfer to the bank account of the Seller,
    2. payment by electronic payment services (Przelewy24.pl, PayPal),
    3. payment on receipt at the supplier’s, i.e. the so called cash on delivery.
  1.     If the payment is made by a traditional bank transfer, it shall be made to the bank account number: 21 1090 1362 0000 0001 2117 9285 (SANTANDER) DOTTORE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA NIP: 7811884930, ul. Margonińska 22, 60-425 Poznań. The transfer title shall read as follows “Purchase Order No........”
  2.     If the cash on delivery option is selected, the shipment shall be made as soon as the address details are verified to be correct.
  3.     If the payment is made via electronic payment services, the Customer shall make the payment before the Purchase Order is accepted for processing. The electronic payment services make it possible to make payments by means of a credit card or a fast transfer from selected Polish banks.
  4.     The Customer is obliged to pay the price under the Contract of Sale within 3 Business Days from the date of its conclusion, unless the Contract of Sale provides otherwise.
  5.     If the payment methods described in paragraphs 1.1 and 1.2 are selected, the Product shall be sent only after the payment has been made.

 

§ 6

PRODUCT DELIVERY COST, PERIOD AND METHODS

  1.     The cost of delivery of the Product to be borne by the Customer shall be determined at the time of placing the Purchase Order and shall depend on the selected method of payment and delivery of the Product purchased.
  2.     The Product delivery period shall include the Product picking time and the period of delivery of the Product by the carrier:
    1. The Product picking period shall be from 1 to 2 business days and it shall start as soon as the funds paid under the Contract of Sale are credited on the Seller’s account or as soon as the Purchase Order is accepted for processing by the Seller if the cash on delivery option is selected.
    2. The delivery of the Products including tangible items by the carrier shall be completed within the time limit declared by the carrier, i.e. from 1 to 2 business days from the moment of sending the consignment (the delivery shall be made on business days only, excluding Saturdays, Sundays and public holidays).
  1.     The Products purchased at the Store shall be shipped through courier services at the selected countries of the European Union (EU).
  2.     The Customer may collect the Product personally after it has been agreed by phone or mail.

 

§ 7

PRODUCT COMPLAINT

  1.     Complaint under the warranty.
    1. All Products offered at the Store shall be covered by the manufacturer’s warranty which is valid in the territory of the Republic of Poland.
    2. Most Products shall be covered by warranties handled directly by authorized service centers of the manufacturers. The exact addresses of the service centers shall be indicated in the warranty cards attached to the Products and shall be available on the manufacturers' websites.
    3. A proof of purchase: a receipt or a VAT invoice shall be a document that entitles to warranty coverage.
    4. The warranty shall not exclude the rights of the Consumer and the entities referred to in § 10 of the Rules resulting from the warranty for physical and legal defects of the Product, as defined in the Civil Code.
  1.     Complaint under the statutory warranty.
    1. The legal basis and the scope of liability of the Seller towards the Customer who is the Consumer or the entity referred to in § 10 of the Rules, under the statutory warranty for physical and legal defects are laid down in the Civil Code Act of 23 April 1964 (Journal of laws No 16, item 93, as amended).
    2. A notification of defects in the Product and a relevant request may be submitted by e-mail at: biuro@dottore.pl or in writing to the following address: ul. Strzeszyńska 112, 60-479 Poznań.
    3. The above message in paper or electronic form shall include as much information and circumstances as possible concerning the object of the complaint, in particular the type and date of the occurrence of the irregularity and contact details. The information provided will significantly facilitate and accelerate the handling of the complaints the Seller.
    4. For the purpose of assessment of the physical defects of the Product, it shall be delivered to the following address: ul. Strzeszyńska 112, 60-479 Poznań.
    5. The Seller shall respond to the Customer's request immediately, not later than within 14 days from the moment of reporting the complaint.
    6. For the complaint made by the Customer who is either the Consumer or the entity referred to in § 10 of the Rules – if the complaint is not processed within 14 days of its notification, it shall be clearly deemed to be accepted. For the well-founded complaint made by the Customer who is either the Consumer or the entity referred to in § 10 of the Rules, the Seller shall bear the costs of acceptance, delivery and replacement of the Product with a defect free product.
    7. A reply to the complaint shall be provided on paper or other durable medium.

 

§ 8

RIGHT TO WITHDRAW FROM THE CONTRACT

  1.     Subject to paragraph 10 of this clause, the Customer who is the Consumer and the entity referred to in § 10 of the Rules, who entered into a distance contract, may withdraw from the contract without cause by submitting a relevant statement within 14 days. To meet this time limit it is sufficient to send a contract withdrawal form made available by the Store.
  2.     In the event of withdrawal from the contract, the Contract of Sale shall be deemed not to have been concluded and the Consumer or the entity referred to in § 10 of the Rules shall return the Product to the Seller or provide it to a person authorized by the Seller to collect it immediately, but not later than 14 days from the date of withdrawal from the contract unless the Seller has offered to collect the Product by itself. To meet this time limit it is sufficient to send the Product back before it ends.
  3.     In the event of withdrawal from the Contract of Sale, the Product shall be returned to the following address:112 Strzeszyńska street, 60-479 Poznań.
  4.     The Consumer or the entity referred to in § 10 of the Rules shall be liable for any reduction in the value of the Product resulting from its use in a manner that is beyond what is necessary to determine the nature, features and functionality of the Product. To determine the nature, features and functionality of the Products, the Consumer or the entity referred to in § 10 of the Rules shall handle and check the Products only in the same way as they would do it in-store.
  5.     Subject to paragraphs 6 and 8 of this clause, the Seller shall refund the value of the Product together with the cost of its delivery using the same payment method as the Consumer, unless the Consumer or the entity referred to in § 10 of the Rules expressly agreed to a different method of refund which does not entail any cost to them. Subject to paragraph 7 of this clause, the refund shall be made immediately and at the latest within 14 days of receipt by the Seller of the statement of withdrawal from the Contract of Sale.
  6.     If the Consumer or the entity referred to in § 10 of the Rules has selected the method of delivery of the Product other than the cheapest regular method of delivery offered by the Store, the Seller shall not be obliged to reimburse them for the additional costs they incur.
  7.     If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Rules, the Seller may refrain from returning the payments received from the Consumer until the items are returned or supplied by the Consumer or the entity referred to in § 10 of the Rules, or until the receipt of the proof of sending them back, whichever occurs earlier.
  8.     The Consumer or the entity referred to in § 10 of the Rules who withdraws from the Contract of Sale in accordance with paragraph 1 of this clause shall bear only the costs of returning the Product to the Seller.
  9.     The fourteen day period within which the Consumer or the entity referred to in § 10 of the Rules may withdraw from the contract shall be counted from the date on which the Consumer or the entity referred to in § 10 of the Rules took the ownership of the Product and, in the case of a service, from the date of conclusion of the contract.
  10.  The Consumer or to the entity referred to in § 10 of the Rules shall not be entitled to withdraw from a distant contract in the case of the Contract of Sale:
    1. where the subject of the service is a nonprefabricated item made to the consumer’s specifications or designed to satisfy the consumer specific needs,
    2. where the subject of the service is an item delivered in a sealed package which cannot be returned after the package has been opened for reasons of health protection or hygiene, if the packaging has been opened after the delivery,
    3. where the subject of the service includes items which are, by nature, inseparably mixed with other items after delivery,
    4. where the subject of the service is a service if the Seller has provided a full service with the explicit consent of the Consumer, who was informed prior to the commencement of the provision of the service that, after the provision of the service by the Seller, the Consumer would be deprived of the right to withdraw from the contract,
    5. where the subject of the service is an item that either deteriorates rapidly or has a short shelf life.
  1.  Both the Seller and the Customer shall be entitled to withdraw from the Contract of Sale, if the other party to the contract fails to fulfill its obligation within a strict time limit.

 

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

  1.     This clause contains provisions concerning only entrepreneurs not covered by the protection resulting from the Consumer Rights Act referred to in § 10 of the Rules.
  2.     The Seller shall be entitled to withdraw from the Contract of Sale concluded with the Customer other than the Consumer within 14 business days from the date of its conclusion. In this case the Seller may withdraw from the Contract of Sale without cause and the Customer other than the Consumer shall not be entitled to make any claims against the Seller.
  3.     The Seller shall have the right to limit for the Customer other than the Consumer the payment methods made available by the former, and may require a prepayment of the sale price either in whole or in part regardless of the payment method selected by the Customer and regardless of whether the Contract of Sale has been concluded.
  4.     The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer other than the Consumer at the moment when the Seller releases the Product to the carrier. In this case the Seller shall not be liable for any loss, defect or damage to the Product during the period from the moment of acceptance of the Product for transport until the Product is released to the Customer, as well as for any delay in transport.
  5.     If the Product is sent to the Customer through the carrier, the Customer other than the Consumer shall examine the consignment within a time limit and in a manner accepted for this type of consignments. If the Customer finds that the Product either suffered a defect or was damaged in transport, the Customer shall take all the steps necessary to determine the liability of the carrier.
  6.     The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without cause by sending a termination notice to the Service Recipient other than the Consumer.

 

§ 10

PROVISIONS CONCERNING ENTREPRENEURS WITH THE SAME RIGHTS AS THE CONSUMERS

(applies from 1 January 2021)

  1.     A self-employed entrepreneur (this clause does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the Contract of Sale which they conclude with the Seller, is not of a professional nature.
  2.     The self-employed entrepreneur referred to in paragraph 1 of this clause shall be protected only in respect of:
    1. unauthorised contractual clauses – the so-called abusive clauses,
    2. liability under the statutory warranty for the physical and legal defects of the Product pursuant to § 7 of the Rules,
    3. the right to withdraw from a distance contract, in accordance with § 8 of the Rules.
  1.     The entrepreneur referred to in paragraph 1 of this clause shall be deprived of their rights under the consumer protection if the Contract of Sale concluded with the Seller is of a professional nature, which is verified on the basis of the entry of that entrepreneur in the Central Electronic Register and Information on Economic Activity of the Republic of Poland, in particular the codes for the Polish classification of activities indicated therein.
  2.     The entrepreneurs referred to in paragraph 1 of this clause shall not be covered by the institutional protection provided to the Consumers by district consumer ombudsmen and the President of the Polish Office for Competition and Consumer Protection (UOKiK).

 

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1.     The Service Provider shall facilitate the use of the Electronic Services through the Store, such as:
    1. the conclusion of the Contracts of Sale of the Product,
    2. the maintenance of the Account in the Store,
    3. the Opinion System,
    4. the use of the Search Engine,
    5. Newsletter.
  1.     The Electronic Services shall be provided to the Service Recipients at the Store under the conditions laid down in the Rules.
  2.     The Service Provider shall have the right to display the advertising content on the website of the Store. This content is an integral part of the Store and the materials presented therein.

 

§ 12

CONDITIONS FOR THE PROVISION OF SERVICE AND CONCLUSION OF CONTRACTS CONCERNING THE PROVISION OF ELECTRONIC SERVICES

  1.     The provision of the Electronic Services defined in § 11.1 of the Rules by the Service Provider shall be free of charge.
  2.     The term for which the Contract is concluded:
    1. the contract for the provision of the Electronic Service intended to enable the placing of the Purchase Order at the Store shall be concluded for a definite period and shall be terminated as soon as the Service Recipient places the Purchase Order or ceases to place it.
    2. the contract for the provision of the Electronic Service of maintaining the Account at the Store shall be concluded for an indefinite period.
    3. the contract for the provision of the Electronic Service of using the Opinion System shall be concluded for a definite period and shall be terminated as soon as the Service Recipient posts an opinion or stops using this Service.
    4. the contract for the provision of the Electronic Service of using the Search Engine shall be concluded for a definite period and shall be terminated as soon as the Service Recipient stops using this Service.
    5. the contract for the provision of the Electronic Service of using the Newsletter shall be concluded for an indefinite period.
  1.     Technical requirements necessary for interaction with the ICT system used by the Service Provider:
    1. computer (or a mobile device) with Internet connection,
    2. e-mail access,
    3. Internet browser,
    4. Cookies and JavaScript enabled in the browser.
  1.     The Service Recipient is obliged to use the Store in such a manner as to comply with law and good practices with regard to respect for personal and intellectual property rights of third parties.
  2.     The Service Recipient is obliged to enter factually correct data.
  3.     The Service Recipient is prohibited to provide any illegal content.

 

§ 13

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1.     Any complaints related to the provision of the Electronic Services via the Store shall be submitted by the Service Recipient by e-mail at: biuro@dottore.pl
  2.     The above e-mail shall include as much information and circumstances as possible concerning the object of the complaint, in particular the type and date of the occurrence of the irregularity and contact details. The information provided will significantly facilitate and accelerate the handling of the complaints the Service Provider.
  3.     The Service Provider shall process the complaint immediately, not later than within 14 days from the moment of reporting it.
  4.     The response of the Service Provider to the complaint shall be sent to the Service Recipient’s e-mail address indicated in the complaint notice or by any other means indicated by the Service Recipient.

 

§ 14

CONDITIONS FOR TERMINATING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1.     Termination of the contract for the provision of the Electronic Service:
    1. It is possible to terminate a contract for the provision of the Electronic Service which is of continuous and indefinite nature (Account operation, Newsletter).
    2. The Service Recipient may terminate the contract with immediate effect and without cause by sending a relevant statement by e-mail at: biuro@dottore.pl
    3. The Service Provider may terminate the contract for the provision of the Electronic Service of a continuous and indefinite nature when the Service Recipient is in breach of the Rules, in particular when it provides illegal content despite ineffective earlier request to cease the breach within a reasonable time limit. In this case the contract shall expire 7 days after the date of submission of the declaration of intent to terminate it (notice period).
    4. The termination shall lead to the termination of the legal relationship with effect for the future.
  1.     The Service Provider and the Service Recipient may terminate the contract for the provision of the Electronic Service at any time by agreement between the parties.

 

§ 15

INTELLECTUAL PROPERTY

  1.     All the contents posted on the website at www.dottore.pl shall be covered by copyright protection and (subject to § 15(3) and items posted by Service Recipients, used on the basis of a license, transfer of proprietary copyrights or permitted uses) are the property of dottore limited liability company, limited partnership with its registered office in Poznań, 22 Margonińska street, KRS numer: 0000459514, VAT ID NO: 7811884930, STATISTICAL ID NO (REGON): 302419610, place of business and service address: ul. Margonińska 22, 60-425 Poznań. The Service Recipient shall be fully liable for any damage caused to the Service Provider as a result of the use of any content of the website www.dottore.pl, without consent of the Service Provider.
  2.     Any use by anyone without the express written consent of the Service Provider, of any item of the content and the content of the website www.dottore.pl shall constitute a breach of the copyright of the Service Provider and shall result in civil and criminal liability.
  3.     All trade names, Product names, business names and logos used on the website of Store at www.dottore.pl shall be the property of their owners and shall be used for identification purposes only. These may be also proprietary trademarks. All materials, descriptions and photographs presented on the Store website at www.dottore.pl shall be used for information purposes.

 

§ 16

FINAL PROVISIONS

  1.     Contracts concluded through the Store shall be concluded in accordance with Polish law.
  2.     If any part of the Rules does not comply with the applicable law, the relevant provisions of the Polish law shall apply instead of the contested provision of the Rules.
  3.     Any disputes arising from the Contract of Sale between the Store and the Consumers shall be settled first by way of negotiations with the intention of an amicable settlement of the dispute, taking into account the act on out-of-court settlement of consumer disputes. However, if this would not be possible or would not be satisfactory to any of the parties, the disputes shall be settled by the competent common court in accordance with paragraph 4 of this clause.
  4.     Settlement of disputes in court:
    1. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is at the same time the Consumer or the entity referred to in § 10 of the Rules shall be subject to the jurisdiction of the courts in accordance with the provisions of the civil procedure code of 17 November 1964 (Journal of laws No 43, item 296, as amended).
    2. Any disputes arising between the Service Provider and the Service Recipient (Customer) other than the Consumer referred to in § 9 of the Rules shall be subject to the jurisdiction of the courts competent for the registered office of the Service Provider.
  1.     The Customer who is a Consumer shall also have the right to use the methods for out-of-court settlement of disputes, in particular by submitting, after the end of the complaint procedure, a request for mediation or a request for having the case examined by an arbitral tribunal (the request can be downloaded at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Constant Consumer Arbitral Tribunals operating at the Provincial Inspectorates of the Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596.. The Consumer may also benefit from free assistance of a District (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. The out-of-court redress procedure after the end of the complaint procedure is free of charge.
  2.     For the purpose of amicable settlement of the dispute, the Consumer may, in particular, lodge a complaint via the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/.