TERMS AND CONDITIONS OF THE ONLINE STORE
WWW.SEMAXPOLSKA.PL

• 1. GENERAL PROVISIONS

The store www.semaxpolska.pl operates under the terms of these Regulations.

The Regulations specify the terms and conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.semaxpolska.pl, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of services electronically.

Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the Store www.semaxpolska.pl, is obliged to comply with the provisions of these Regulations.

In matters not covered by these Regulations, the regulations shall apply:
- The Law on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
- The Law on Consumer Rights of May 30, 2014. (Journal of Laws 2014 item 827),
- The Law on Out-of-Court Resolution of Consumer Disputes of September 23, 2016. (U. 2016 item 1823),
- Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) and other relevant provisions of Polish law.
§2. DEFINITIONS CONTAINED IN THE REGULATIONS

CONTACT FORM - a form available on the website www.semaxpolska.pl that allows you to send a message to the Service Provider.

REGISTRATION FORM - a form available on the website www.semaxpolska.pl that allows you to create an Account.

ORDER FORM - a form available on the website www.semaxpolska.pl allowing to place an Order.

CUSTOMER - a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.

CONSUMER - a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.

ACCOUNT - a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password, in which the Customer's data is collected, including information about the Orders placed.

PRODUCT - a movable item available in the Store or a service, which is the subject of a Sales Contract between the Customer and the Seller.

REGULATIONS - these regulations of the Store.

SHOP - Service Provider's online store operating at www.semaxpolska.pl.

SELLER, SERVICE PROVIDER - Dobre Peptides Sp. z o.o. performing business activity registered in the National Court Register kept by the minister competent for economy, place of business and address for delivery: Spółdzielcza 13, 32-300, Olkusz, NIP: 6372215326, REGON: 520496524, electronic mail address (e-mail): [email protected]

SALE AGREEMENT - Agreement for the sale of a Product concluded between the Customer and the Seller through the Store.

ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Store.

USER - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.

ORDER - the Customer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

• 3. INFORMATION ON PRODUCTS AND THEIR ORDERING

Store www.semaxpolska.pl conducts retail and wholesale of Products via the Internet.

Products offered in the Store are new, free from physical and legal defects and have been legally introduced into the Polish market.

The information on the Store's website does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to buy a specific Product under the conditions stated in its description. 

The reviews next to the products are the opinions of our customers, we are not responsible for the content, information and advice contained therein.

Products in the "Laboratory Equipment" category are chemical reagents, are not supplements, drugs or food, are for laboratory use only, and are not intended for use on humans.

Any email inquiries about dosage or how to use a substance will be answered based on general knowledge of the substance. The answer will not be related to any product.

The price of the Product shown on the Store's website is given in Polish zloty (PLN). The price does not include delivery costs.

The price of the Product shown on the Store's website is binding at the time the Customer places the Order. This price will not change regardless of any price changes in the Store that may occur for individual Products after the Customer has placed an Order.

Orders can be placed through the website using the Order Form (Shop www.semaxpolska.pl) - 24 hours a day, all year round.

In order to place an Order, the Customer is not required to register an Account with the Store.

The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.

The Store processes Orders placed from Monday to Friday during the Store's working hours, i.e. from 8:00 am to 12:00 pm on working days. Orders placed on working days after 12:00 pm, on Saturdays, Sundays and holidays, will be processed on the next working day.

Products on promotion (sale) have a limited number of units and Orders for them will be processed in the order of their receipt until the stock of a given Product is exhausted.

• 4. CONCLUSION OF THE SALES CONTRACT

In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means made available by the Seller, in accordance with § 3 item 6 and 8 of the Regulations.

Once the Order is placed, the Seller immediately confirms its receipt.

Confirmation of receipt of the Order, referred to in Section 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail message.

Confirmation of receipt of the Order includes:
- Confirmation of all essential elements of the Order,
- withdrawal form,
- these Terms and Conditions, including instructions on the right to withdraw from the contract.

As soon as the Customer receives the e-mail message referred to in item 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.

Confirmation of acceptance of the Order for execution takes place immediately after receipt of payment for the concluded Sales Agreement, in the form of an e-mail sent to the Customer's address.

Each Sales Contract will be confirmed by a proof of purchase (invoice without VAT), which will be attached to the Product.

• 5. PAYMENT METHODS

The seller provides the following payment methods:
- payment through electronic payment services (PayPal.com),(Przelewy 24),(Stripe),(Paynow)
- payment by traditional transfer to the Seller's bank account.
- payment at the time of receipt of goods on so-called cash on delivery

In the case of payment by traditional transfer, the payment should be made to the bank account number: 32 1140 2004 0000 3302 8191 7433 A). Good Peptides Sp. z o.o. , Spółdzielcza 13, 32-300 Olkusz, NIP: 6372215326. In the title of the transfer, please write "Order No. ...".

In case of payment via electronic payment services, the Customer shall make payment before the Order is processed. Electronic payment services allow payment by credit card or quick transfer from selected Polish banks.

In the case of payment on delivery, the shipment is sent after verification of the correctness of address data. The customer is obliged to pay for the Order and collect the Product from the supplier.

The Customer is obliged to pay the price of the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.

If you choose the payments described in paragraphs 1.1 and 1.2 of this paragraph, the Product will be shipped only after payment.

• 6. THE COST, TIMING AND DELIVERY METHODS OF THE PRODUCT

The cost of delivery of the Product is determined during the Ordering process and depends on the choice of payment method and delivery method of the purchased Product.

The time for completing the Products is from 1 to 2 working days from the moment of crediting the funds paid for the Sales Agreement to the Seller's account, or from the moment of accepting the Order for processing by the Seller in case of choosing cash on delivery.

Products purchased from the Store are shipped from Poland to Europe by courier service only. Shipping prices are indicated at the time of ordering.

• 7. PRODUCT COMPLAINT

Warranty Claim.
- The basis and scope of the Seller's liability to a Customer who is a Consumer or an entity referred to in §10 of the Terms and Conditions under a warranty covering physical and legal defects are set forth in the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
- Notification of defects concerning the Product and submission of the corresponding request can be made via e-mail to: [email protected] or in writing to the address: Spółdzielcza 13 32-300, Olkusz
- In the above message in written or electronic form, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller.
- For evaluation of physical defects of the Product, it should be delivered to the address:

CUSTOMER RETURNS

Please contact us by email - in response we will provide the address and details for return.

• The Seller will respond to the Customer's request immediately, but no later than within 14 days of the complaint.
  - In the case of a complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance. In connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall cover the costs of collection, delivery and replacement of the Product with a defect-free one.
  - The response to the complaint is provided on paper or other durable medium.
• 8. RIGHT OF WITHDRAWAL

Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, who has concluded a contract remotely, may withdraw from it without giving reasons, making a statement to that effect within 14 days. To meet this deadline it is sufficient to send a statement of withdrawal provided by the Store.

In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.

In case of withdrawal from the Sales Contract, the Product should be returned to the address:

Please contact us by email, we will provide the address and return details in an email reply.

The Consumer or entity referred to in § 10 of the Terms and Conditions shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same manner as they would do in a stationary store.

Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions expressly agreed to a different method of return that does not involve any costs for them. Subject to Section 7 of this paragraph, the return will be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.

If the Consumer or the entity referred to in § 10 of the Terms and Conditions have chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to reimburse them, the additional costs incurred by them.

If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of its return, whichever event occurs first.

The consumer or the entity referred to in § 10 of the Terms and Conditions, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the cost of returning the Product to the Seller.

The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall be counted from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions took possession of the Product, and in the case of services from the date of conclusion of the contract.

The right of withdrawal from a contract concluded at a distance does not apply to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Sales Agreement:
- in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
- in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things,
- in which the subject of performance is a service, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of performance, that after the performance by the Seller will lose the right to withdraw from the contract.

Both the Seller and the Customer have the right to withdraw from the Sales Agreement in case of failure of the other party to the contract to perform its obligation within a strictly defined period.

• 9. PROVISIONS FOR ENTREPRENEURS (B2B)

This paragraph contains provisions that apply only to entrepreneurs who are not covered by the protection of the Consumer Rights Act, as referred to in § 10 of the Regulations.

The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

The Seller has the right to limit, with respect to Customers who are not consumers, the methods of payment made available by him, including requiring prepayment of part or all of the sales price regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.

The benefits and burdens of the Product and the danger of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer from the moment of
release of the Product by the Seller to the carrier. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the moment of acceptance of the Product for transportation until its release to the Customer, as well as for the delay in transportation of the shipment.

If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that a defect or damage to the Product occurred during transportation, he is obliged to perform all actions necessary to determine the carrier's liability.

The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.

• 10 PROVISIONS APPLICABLE TO ENTERPRISES ON THE RIGHTS OF CONSUMERS (effective January 1, 2021).

A sole proprietor (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the Sales Contract he concludes with the Seller is not of a professional nature.

The business person referred to in paragraph 1 of this section is covered only to the extent:
- prohibited contractual provisions - so-called abusive clauses,
- liability under warranty for physical and legal defects of the Product, in accordance with § 7 of the Terms and Conditions,
- the right to withdraw from a contract concluded remotely, in accordance with § 8 of the Regulations.

The entrepreneur referred to in item 1 of this paragraph loses his rights under consumer protection if the Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the entry of this entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Business Activity indicated there.

Entrepreneurs referred to in paragraph 1 of this section are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the OCCP.

• 11. TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider allows through the Store to use Electronic Services such as:
- Conclusion of Product Sales Agreements,
- maintaining an Account in the Store.

Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions set forth in the Regulations.

The Service Provider has the right to post advertising content on the Store's website. This content, is an integral part of the Store and the materials presented therein.

• 12. TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

Provision of Electronic Services specified in § 11.1 of the Regulations by the Service Provider is free of charge.

The period for which the contract is concluded:
- The contract for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Store is concluded for a definite period of time and is terminated at the time the Order is placed or the Customer ceases to place it.
- The contract for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time.

Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
- A computer (or mobile device) with Internet access,
- email access,
- web browser,
- Enabling Cookies and Javascript in your web browser.

The Customer is obliged to use the Store in a manner consistent with the law and good morals with a view to respecting the personal rights and intellectual property rights of third parties.

The recipient is obliged to enter data in accordance with the facts.

The recipient is prohibited from providing unlawful content.

• 13. COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

Complaints related to the provision of Electronic Services through the Store may be submitted by the Customer via e-mail to the following address: [email protected].

In the above e-mail message, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.

Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.

The Service Provider's response to the complaint shall be sent to the Customer's e-mail address provided in the complaint or by any other means provided by the Customer.

• 14. TERMS AND CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

Termination of the contract for the provision of Electronic Services:
- The contract for the provision of Electronic Services of a continuous and unlimited nature (maintenance of the Account) may be terminated.
- The Customer may terminate the contract with immediate effect and without assigning any reason by sending an appropriate statement via e-mail to: [email protected]
- The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and perpetual nature in the event that the Customer violates the Terms and Conditions, in particular, when he provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate period of time. The Agreement in such a case expires after 7 days from the date of submission of a statement of intent to terminate the Agreement (notice period).
- Termination leads to the termination of the legal relationship with future effect.

The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.

• 15. INTELLECTUAL PROPERTY

All content posted on the website at www.semaxpolska.pl enjoys copyright protection and (subject to §15.3 and elements posted by Service Recipients used under license, transfer of copyrights or permitted use) is the property of Dobre Peptides Sp. z o.o., 13 Spółdzielcza St., 32-300 Olkusz, NIP: 6372215326, REGON: 520496524. The Service Recipient is fully responsible for any damage caused to the Service Provider as a result of the use of any content.
www.semaxpolska.pl, without the consent of the Service Provider.

Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.semaxpolska.pl constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.

All trade names, Product names, company names and their logos used on the Store's website at www.semaxpolska.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Store's website at www.semaxpolska.pl are used for informational purposes.

• 16. FINAL PROVISIONS

Contracts concluded through the Store are concluded in accordance with Polish law.

In the event that any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.

Any disputes arising from Sales Contracts between the Store and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with paragraph 4 of this section.

Judicial settlement of disputes:
- Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in §10 of the Regulations shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
- Any disputes arising between the Service Provider and the Customer (Client) who is not also a Consumer, referred to in §9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the seat of the Service Provider.

A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular, by submitting, after the complaint procedure, an application for mediation or an application for consideration of the case by an arbitration court (the application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). List of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection
is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.

In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/