WEBSHOP REGULATIONS
WWW.SEMAXPOLSKA.PL

• 1. GENERAL PROVISIONS

The www.semaxpolska.pl shop operates on the terms and conditions set out in these Terms and Conditions.

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 www.semaxpolska.pl shop, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements on the provision of services electronically.

Each Customer is obliged to comply with the provisions of these Regulations as soon as he or she starts using the Electronic Services of the www.semaxpolska.pl shop.

In matters not covered by these Regulations, the provisions shall apply:
- Act on provision of services by electronic means of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended),
- The Consumer Rights Act of 30 May 2014. (Journal of Laws 2014 item 827),
- Act on out-of-court resolution of consumer disputes of 23 September 2016. (U. 2016 item 1823),
- 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 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 enabling the creation of an Account.

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

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

CONSUMER - a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her commercial 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 on Orders placed.

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

REGULATIONS - these regulations of the Store.

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

SELLER, SERVICE PROVIDER - Dobre Peptides Sp. z o.o. conducting 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]

CONTRACT OF SALE - a contract of sale of a Product concluded between the Customer and the Seller through the Shop.

ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Shop.

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

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

• 3. INFORMATION ON PRODUCTS AND THEIR ORDERING

The shop www.semaxpolska.pl sells retail and wholesale Products via the Internet.

The products offered in the Shop 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. When placing an Order, the Customer makes an offer to purchase a specific Product under the conditions specified 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 enquiries 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 Shop website is given in Polish zloty (PLN). The price does not include delivery costs.

The price of a Product shown on the web page of the Store is binding at the time the Customer places the Order. This price will not be changed, irrespective of price changes in the Shop that may occur for individual Products after the Customer has placed the Order.

Orders can be placed via 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.

It is a condition of placing an Order in the Shop that the Customer reads the Terms and Conditions and accepts them at the time of placing the Order.

The Shop processes Orders placed from Monday to Friday during the Shop's opening hours, i.e. from 8:00 a.m. to 12:00 p.m. on working days. Orders placed on working days after 12:00, 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 in which they are received until the stocks of a given Product are exhausted.

• 4. CONCLUSION OF THE SALES CONTRACT

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

Once the Order has been placed, the Seller shall immediately acknowledge its receipt.

The acknowledgement of receipt of the Order referred to in point 2 of this paragraph binds the Customer to his 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 of withdrawal.

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

Confirmation of acceptance of the Order for fulfilment shall take place immediately upon 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 enclosed with the Product.

• 5. METHODS OF PAYMENT

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

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

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

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

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

If you choose to make the payments described in sections 1.1 and 1.2 of this paragraph, the Product will only be dispatched once it has been paid for.

• 6. THE COST, TIME AND MEANS OF DELIVERY OF THE PRODUCT

The delivery costs of the Product are determined during the Ordering process and depend on the choice of payment method and the delivery method of the purchased Product.

The time for completion of the Products ranges 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 execution by the Seller in the case of choosing cash on delivery.

Products purchased from the Shop are shipped from Poland only within Europe via a courier company. Shipping prices are quoted at the time of ordering.

• 7. PRODUCT COMPLAINTS

Warranty claim.
- The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in §10 of the Terms and Conditions under warranty covering physical and legal defects are set out in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).
- Notification of defects concerning the Product and submission of a corresponding request may be made by e-mail to: [email protected] or in writing to the following address: Spółdzielcza 13 32-300, Olkusz
- In the aforementioned written or electronic message, please provide as much information and circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the handling of the complaint by the Seller.
- For the assessment of physical defects of the Product, it must be delivered to the address:

CUSTOMER RETURNS

Please contact us by email - we will reply with your address and return details.

• The Seller shall respond to the Customer's request immediately, but no later than within 14 days of the complaint.
  - In the case of a complaint from 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 from its submission is tantamount to accepting it. In connection with a justified complaint from 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 shall be 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 and who has concluded a contract remotely may withdraw from it without stating reasons by submitting an appropriate declaration within 14 days. Sending a declaration of withdrawal made available by the Shop is sufficient to meet this deadline.

In the event of withdrawal from the agreement, the Sales Agreement shall be considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the date on which they have withdrawn from the agreement, unless the Seller offered to collect the Product themselves. It is sufficient to send back the Product before the deadline.

In the event of withdrawal from the Sales Contract, the Product must 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 the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminished 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 only handle and inspect the Products in the same manner as they would do in a stationary shop.

Subject to points 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product together with its delivery costs using the same method of payment as the Consumer used, unless the Consumer or the entity referred to in § 10 of these Terms and Conditions expressly agreed to a different method of reimbursement which does not entail any costs for them. Subject to point 7 of this paragraph, the return shall take place immediately, and at the latest within 14 days of receipt by the Seller of the Seller's 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 Shop, the Seller shall not be obliged to reimburse them the additional costs they have incurred.

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 the reimbursement of the payment received from the Consumer until it has received the item back or the Consumer or the entity referred to in § 10 of the Terms and Conditions has provided 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 only bear the costs of sending the Product back 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 calculated 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 distance contract shall not apply to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Contract:
- where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
- in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery,
- where the subject of the 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 performance began that after the Seller's performance he will lose his right of withdrawal.

Both the Seller and the Customer have the right to withdraw from the Sales Contract if the other party to the contract fails to perform its obligation within a strictly defined period of time.

• 9. BUSINESS PROVISIONS (B2B)

This paragraph contains provisions which only apply to traders who are not covered by the protection of the Consumer Rights Act as referred to in § 10 of the Terms and Conditions.

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. The 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 the payment methods available to non-consumers, including requiring prepayment of part or all of the sales price regardless of the payment method chosen by the Customer and the conclusion of the Sales Agreement.

The benefits and burdens of the Product and the risk of accidental loss of or damage to the Product shall pass to the Customer who is not a Consumer at the moment of
release of the Product by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product occurring from the moment the Product is accepted for transport until it is handed over to the Customer, as well as for any delay in transporting the consignment.

If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the consignment at the time and in the manner usual for consignments of this type. If the Customer discovers that the Product has been damaged or defective during transport, the Customer is obliged to perform all actions necessary to establish 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 from 1 January 2021).

A sole trader (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 subsection 1 of this section is covered only to the extent of:
- prohibited contractual terms - so-called abusive clauses,
- liability under warranty for physical and legal defects of the Product, pursuant to § 7 of the Terms and Conditions,
- right of withdrawal from a contract concluded at a distance in accordance with § 8 of the Terms and Conditions.

A trader referred to in subsection 1 of this section 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 trader's entry in the Central Register of Business Activity and Information of the Republic of Poland, in particular the Polish Classification of Business Activity codes indicated there.

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

• 11. TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider makes it possible through the Shop to use Electronic Services such as:
- concluding Product Sales Agreements,
- maintaining an Account in the Shop.

The provision of Electronic Services to Service Recipients in the Store shall take place under the terms and conditions set out in the Terms and Conditions.

The Service Provider has the right to place advertising content on the Shop's website. Such content is an integral part of the Shop and the materials presented therein.

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

Provision of Electronic Services specified in § 11.1 of the Terms and Conditions 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 Order to be placed in the Shop is concluded for a definite period of time and terminates at the moment 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 Shop is concluded for an indefinite period of time.

Technical requirements necessary to work with the ICT system used by the Service Provider:
- a computer (or mobile device) with Internet access,
- access to e-mail,
- web browser,
- enable Cookies and Javascript in your web browser.

The Customer is obliged to use the Shop in a manner consistent with the law and good manners, with due regard for the personal rights and intellectual property rights of third parties.

The customer is obliged to enter factually correct data.

The recipient is prohibited from providing unlawful content.

• 13. COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

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

In the aforementioned 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 your contact details. The information provided will greatly facilitate and expedite the handling of the complaint by the Service Provider.

The Service Provider shall deal with the complaint immediately, no later than within 14 days of the complaint.

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

• 14. CONDITIONS FOR TERMINATION OF ELECTRONIC SERVICE CONTRACTS

Termination of the Electronic Service Agreement:
- An agreement for the provision of an Electronic Service of a continuous and indefinite nature (operation of an Account) may be terminated.
- The customer may terminate the contract with immediate effect and without stating reasons by sending an appropriate statement by e-mail to the following address: [email protected].
- The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Customer violates the Terms and Conditions, in particular when he/she provides content of an unlawful nature, after an ineffective prior request to cease violations with the setting of an appropriate period of time. In such a case, the Agreement shall expire 7 days after the submission of the declaration of intent to terminate the Agreement (notice period).
- Termination leads to the termination of the legal relationship with effect for the future.

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 is protected by copyright and (subject to §15.3 and elements posted by the Service Recipients, used under licence, transfer of copyrights or permitted use) is the property of Dobre Peptides Sp. z o.o., ul. Spółdzielcza 13, 32-300 Olkusz, NIP: 6372215326, REGON: 520496524. The Service Recipient is fully liable 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 the www.semaxpolska.pl website 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 Shop 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 photos presented on the Shop's website at www.semaxpolska.pl are used for information purposes.

• 16. FINAL PROVISIONS

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

If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.

Any disputes arising from Sales Agreements between the Shop 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 point 4 of this paragraph.

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 Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of 17 November 1964 (Journal of Laws No. 43, item 296 as amended).
- Any disputes arising between the Service Provider and the Customer (Client) who is not at the same time a Consumer, as referred to in §9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the Service Provider's registered office.

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, a request for mediation or a request for the case to be considered by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). List of Permanent Consumer Arbitration Courts operating at Voivodeship Inspectorates of Trade Inspection
is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also make use of the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is free of charge.

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