TERMS & CONDITIONS
TERMS AND CONDITIONS OF THE BALTON ON-LINE STORE
I. GENERAL PROVISIONS
1. These Terms and Conditions constitute the terms of the provision of electronic services, within the meaning of Article 8 of the Polish Act of Law of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended).
2. These Terms and Conditions set out the rules for the provision of services, including the sale of goods through the Balton online store, available at the following web address: https://flebogrif-shop.balton.pl
3. The owner of the Store (hereinafter referred to as the “Seller” or the “Service Provider”) is Balton sp. z o.o.00-496 Warsaw, Nowy Swiat street 7/14, Poland, REGON 010757273, KRS 0000179860
4. Users may contact the Seller via the following means:
a) Telephone: +48 22 597 44 10; +48 22 597 44 20; +48 538 568 276
b) e-mail: customer.service@balton.pl; justyna.baranska@balton.pl
c) Contact form (available on the Store’s website under the “Contact” section).
5. The Store’s offer is addressed exclusively to entities operating as entrepreneurs within the meaning of Article 431 of the Polish Act of Law of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended), that is, a natural person, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in their own name, and entering into a legal transaction with the Seller directly related to such business or professional activity.
6. Prior to using the Store, Users are requested to carefully read and get acquainted with these Terms and Conditions.
7. Any use of the Store in any manner shall be deemed as confirmation that the User has read and accepted the content of these Terms and Conditions and expresses unconditional consent to be bound by them.
8. The rights and obligations of Users and the Seller shall be governed exclusively by the provisions of these Terms and Conditions and by the laws in force within the territory of the Republic of Poland.
9. Through the Store, the Service Provider makes the following functionalities, among others, available to Users:
a) Creation and administration of a User Account;
b) Processing of the order form;
c) Submission of product reviews.
II. DEFINITIONS
1. Store
– the Seller’s online store, available at the following web address: https://flebogrif-shop.balton.pl
2. Seller / Service Provider
– the entity as indicated in point 3 of Section I of these Terms and Conditions.
3. Terms and Conditions
– this document, together with all its annexes and supplements, which form an integral part hereof.
4. User
– any person who uses the services of the Store in any manner whatsoever.
5. Buyer
– a natural person, legal person, or organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in their own name in the territory of the European Union, who makes use of the Store’s offer in connection directly with their business or professional activity.
6. Registration Form
– an online form available in the Store, enabling the creation of an Account.
7. Account
– a space within the Seller’s ICT system, accessible to the User after registration and logging in, in which the User’s data, including information on placed orders, are collected. Through the Account, the User enters and manages data, descriptions, and other elements, and makes use of the Store’s offer.
8. Contact Form
– an online form available in the Store, enabling the User to contact the Seller directly, including by sending an enquiry concerning the services provided by the Seller as part of its business activity.
9. Order Form
– an online form available in the Store, enabling the placement of an order.
10. Product
– a medical device available in the Store - Flebogrif – (set for venous insufficiency treatment), which constitutes the subject matter of the sales agreement concluded between the Buyer and the Seller.
11. E-mail Inbox
– an electronic mailbox identified by an individual internet address (e-mail address), through which a person may send and receive messages and other data within the electronic mail service.
12. Functionalities
– services provided by the Service Provider electronically, without additional charge (e.g. Registration Form, Order Form, Contact Form, Account, calculators, search engines, etc.), which are made available to the User on the Store’s website for the time necessary to perform a specified action or maintain a particular convenience. By using a given Functionality, the User concludes an agreement with the Service Provider for the provision of electronic services.
13. Proof of Purchase
– a receipt, invoice, or VAT invoice.
III. TECHNICAL REQUIREMENTS
1. In order to use the services provided by the Store, it is necessary to have a device that allows access to the Internet, an active e-mail inbox, and an internet browser that enables the display of web pages (it is recommended to use the following browsers in the specified versions or newer, with “cookies” enabled: Internet Explorer 8, Opera 10.00, Google Chrome 10.0, Mozilla 4.0, or their later versions).
2. Further information regarding “cookies” and the rules for the protection of such data can be found in our Privacy Policy.
IV. REGISTRATION
1. Registration of an Account shall be carried out by following the successive instructions provided on the Store’s website.
2. By registering an Account, the User declares that:
a) has read and accepted the content of these Terms and Conditions in its entirety;
b) meets the conditions required for the use of the Store, as set out in these Terms and Conditions.
3. The User is obliged to keep their Account access password confidential. The User shall exercise the highest level of due care to prevent the loss of the access password or its acquisition by any third party (regardless of the manner). The User bears sole responsibility for any disclosure of their login and password to third parties.
4. The User may delete their Account at any time. Deletion of the Account results in the permanent and irreversible removal of all User data from the system, as well as the immediate termination of the agreement for the provision of electronic services.
5. The Seller may delete the Account and terminate the agreement for the provision of electronic services if:
a) the User has breached the provisions of these Terms and Conditions, in particular by using the Store in a manner contrary to its intended purpose;
b) the User has not accepted the amendments introduced by the Seller to these Terms and Conditions;
c) the User has not logged into their Account for a period of 36 months from the date of the last login;
d) the User fails to activate or verify the Account within 30 days;
e) the User, within the period indicated by the Seller following the blocking of the Account or other functionalities or services of the Store, fails to perform or abstain from the actions indicated by the Seller that constituted the reason for such blocking.
6. Any content or information provided by the User to the Store during the registration or editing of the Account may be moderated by the Seller if it violates these Terms and Conditions.
V. USE OF THE STORE
1. Users have the ability to browse and purchase Products.
2. Logged-in Buyers may leave a review for a Product they have purchased.
3. Buyers are prohibited from posting
a)content on the Service that:
b) is contrary to applicable law,
c) infringes the rights of third parties,
d) violates copyright,
e) is commonly considered vulgar or offensive,
f) incites hatred based on race, religion, or ethnicity,
g) calls for acts of violence,
insults Users or other persons,
h) promotes other websites,
i) contains pornographic content,
j) constitutes links leading to sites containing the above-mentioned content,
k) is false.
4. In the event that a Buyer posts content that violates the Terms and Conditions, such content may be removed by the Service Provider without informing the Buyer.
5. Every User has the right to report to the Service Provider content that violates the provisions of these Terms and Conditions.
6. Buyers are responsible for the content they publish on the Service. Buyers who post content that violates generally applicable laws or harms the legally protected interests of others may be held criminally or civilly liable under applicable law.
VI. ORDERS
1. The Store operates in the territory of Poland and other European Union countries.
2. Orders in the Store can be placed through the Order Form.
3. Every Buyer using the Store’s offer must have, in accordance with applicable law, the legal capacity to perform legal actions with the Seller.
4. The Buyer is obliged to provide true and accurate data necessary for order fulfillment.
5. The Store confirms the acceptance of an order for processing via email. Additionally, the Store informs the Buyer by email when the order is ready for pickup or has been dispatched.
6. The information contained on the Product page at the time of placing the order is binding for both the Buyer and the Seller, in particular: price, product characteristics, features, components included in the set, and the delivery time and method.
7. Orders accepted for processing may be canceled no later than the moment the goods are dispatched. The right to cancel an order applies exclusively to the Buyer, unless the Seller has identified that the Buyer provided incorrect or fraudulent information in the Registration Form and/or the Order Form, in particular when it is established that the Buyer is not an entrepreneur within the meaning of Clause I point 5 above.
8. The information provided in the Store does not constitute an offer within the meaning of the Civil Code. Announcements, advertisements of the Seller, price lists, and other information about Products presented on the Store’s website, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Polish Act of Law of April 23, 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended).
9. A sales agreement is concluded:
a) for orders placed through the Order Form available in the Store – at the moment the Buyer receives an email from the Seller confirming acceptance of the order,
b) for orders placed by phone – at the moment the online Store confirms acceptance of such an order,
c) for orders placed by email – at the moment the Buyer receives a return email from the Seller confirming acceptance of the order.
10. The order is processed after payment has been made or the requirements of the selected payment method have been met.
11. The Seller is obliged to notify the Buyer of the unavailability of the ordered Product in stock and the anticipated extension of the order processing time (up to 14 days) without delay, but no later than 3 days from becoming aware of this fact. In such a case, the Buyer may agree to the extension of the order processing time (up to 14 days) or withdraw from the ordered Product or the entire order.
12. If it is impossible to fulfill the order due to the permanent unavailability of the Product, the Seller must immediately, but no later than within 30 days of concluding the agreement, notify the Buyer and refund the full amount received from the Buyer. Likewise, the Seller shall refund the full amount received from the Buyer when the order is cancelled by the Seller in the circumstances described in Clause VI point 7 above.
VII. PAYMENTS
1. Prices displayed in the online Store are net prices (excluding VAT) and the prices include the shipping costs.
2. The Seller attaches a Proof of Purchase to each order.
3. The Buyer declares that they are a VAT taxpayer and authorizes the Seller to issue the Proof of Purchase without the recipient’s signature, i.e. electronically in the .pdf format.
4. When placing an Order, the Buyer selects the form of payment:
1) online payment via the Tpay.com payment system;
2) traditional bank transfer
5. Detailed information regarding payment methods is available on the Store’s website.
6. The Seller reserves the right to change the prices of Products displayed on the Store’s pages, to post information about new products, to conduct and cancel promotional campaigns on the Store’s pages, to hold sales, or to make changes to them. The Seller’s right mentioned in the previous sentence does not affect orders placed before the effective date of the price change, promotional campaign conditions, or sale. The Buyer will be informed by the Seller about the specific conditions of promotional campaigns and sales. Promotions cannot be combined unless the promotion regulations state otherwise.
VIII. DELIVERY
1. Upon receiving the payment, ordered Products shall be delivered to the address provided by the Buyer in the order via a courier.
2. The Seller bears the costs of Product delivery unless explicitly stated otherwise. Delivery terms for the Product delivery are set as CPT (Carriage Paid To) under the INCOTERMS 2020.
3. The Buyer agrees to accept the shipped Product.
IX. WARRANTY (RELIABILITY) / LIABILITY FOR DEFECTS
1. Products offered in the Store are free from physical and legal defects and, if indicated on the Product page, are covered by the manufacturer’s warranty. The content and scope of the warranty are defined in the warranty card provided with the Product.
2. The Buyer is not entitled to withdraw from a distance contract without the consent of the Seller. Therefore, in accordance with Clause VI point 9 above, when the contract is concluded, the Buyer – being the entrepreneur, is not entitled to revocation of the contract and may not exercise the right to return the shipped Product and the refund.
3. The Seller is liable to the Buyer under the warranty for physical and legal defects of the Product to the extent specified by the provisions of the Act of April 23, 1964 – Civil Code (Journal of Laws 2014, item 121, as amended), subject to the following provisions:
4. The risk of accidental loss or destruction of the Product, as well as all benefits and burdens associated with it, passes to the Buyer at the moment the Product is handed over to the carrier.
5. Upon receiving the Product, the Buyer is obliged to inspect the condition of the delivered shipment in the presence of the carrier, in particular to check whether it is complete and undamaged. In case of any damage to the Product or other irregularities, the Buyer must prepare a damage report. Failure to prepare a damage report results in the loss of warranty rights.
6. If a defect becomes apparent later, and its detection upon delivery of the shipment was objectively impossible, the Buyer must notify the Seller of the defect no later than 7 days from its discovery, under penalty of losing warranty rights.
7. The Buyer is obliged to deliver the claimed Product to the Seller.
8. A claim may be submitted via email or in writing to the appropriate addresses indicated in section I, point 4 of the Terms and Conditions.
9. If the Product has a defect, the Buyer may:
a) request a replacement of the Product with one free from defects, or
b)request repair of the defect, or
c) submit a declaration to reduce the price, or
d) submit a declaration to withdraw from the contract.
10. The Buyer may not submit a declaration to reduce the price or withdraw from the contract if the Seller immediately and without undue inconvenience to the Buyer replaces the defective Product with one free from defects or repairs the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller, or if the Seller fails to fulfill the obligation to replace the Product with one free from defects or to repair the defect.
11. The Buyer may, instead of the remedy proposed by the Seller, request a replacement of the Product with one free from defects, or instead of replacement, request the repair of the defect. This right does not apply if bringing the Product into conformity with the contract in the manner chosen by the Buyer is impossible or would involve excessive costs compared to the method proposed by the Seller.
12. The Buyer may not withdraw from the contract if the defect of the Product is minor.
13. The Seller may refuse to satisfy the Buyer’s request to replace the Product with one free from defects or to repair the defect if bringing the defective Product into conformity with the contract in the manner chosen by the Buyer is impossible or would involve excessive costs compared to another possible method of remedy.
14. If the Buyer exercises their rights under the warranty for physical or legal defects of the Product and requests a replacement or withdraws from the contract, the delivery of the claimed Product to the Seller is carried out by the Buyer at their own cost, unless the Parties agree otherwise. The claimed Product must then be sent to the appropriate address indicated in section I, point 4 of the Terms and Conditions.
15. The claimed Product must be accompanied by the Proof of Purchase or a copy thereof. Failure to include the Proof of Purchase or its copy may result in rejection of the claim by the Seller.
16. The Seller considers the claim without delay, but no later than 30 days from its submission.
17. The response to the claim is provided at the Seller’s discretion:
a) in writing to the claimant’s address;
b) electronically to the email address provided by the claimant;
c) by telephone.
18. To the extent not regulated by the provisions of these Terms and Conditions, the Parties exclude the Seller’s liability for damages under the warranty for physical and legal defects of the Product to the fullest extent permitted by mandatory law.
X. CLAIMS REGARDING OTHER STORE SERVICES
1. A User may submit a claim if the services provided under these Terms and Conditions are not performed by the Seller or are performed inconsistently with the provisions of the Terms and Conditions.
2. A claim regarding the Store’s services should include:
a) the User’s identification data;
b) the subject of the claim and the period to which the claim relates;
c) circumstances justifying the claim;
d) the User’s signature – in the case of a claim submitted in writing.
3. If the claim does not meet the formal requirements mentioned above, the Seller may, at their discretion, leave the claim unconsidered or request the User to supplement it within no more than 7 days, along with a notice that failure to supplement within the specified period will result in the claim being left unconsidered.
4. The Seller may leave a claim unconsidered if:
a) the claim concerns a matter already explained in the Terms and Conditions, attachments, addenda, or help materials available in the Store. In this case, the response to the claim includes a reference to the relevant document;
b) the claim concerns a matter previously clarified in response to a prior claim submitted by the same User. In this case, the response to the claim includes a reference to the relevant correspondence;
c)the claim is submitted by a third party who does not have the appropriate authorization or power of attorney;
d) the claim is submitted more than 30 days after the cause of the claim became apparent.
5. The Seller will inform the Buyer without delay if they exercise the right to leave the claim unconsidered.
6. Claims submitted to the Store regarding services provided by third parties through the Store will be forwarded by the Seller without delay to the relevant third party responsible for handling the claim.The Seller considers the claim without delay, but no later than 14 days from the date of its submission.The response to the claim is provided at the Seller’s discretion:in writing to the claimant’s address;electronically to the email address provided by the claimant;by telephone.
XI. DISCLAIMERS, WARRANTIES, AND LIABILITY
1. To ensure the well-being of Users and maintain the highest quality of the Store, it is prohibited to use the Store, any of its functionalities, or the services provided in a manner inconsistent with the character, purpose, and subject of the Store’s operation, in particular actions that violate generally applicable law, the provisions of these Terms and Conditions, or good practice.
2. The Seller will make every effort to ensure that the Store and all services provided through it operate continuously and without any disruptions. However, the Seller is not liable for disruptions caused by force majeure or unlawful interference by Users or third parties for which the Seller is not responsible. The Seller guarantees 90% availability of the Store on an annual basis.
3. The Seller reserves the right to implement any safeguards aimed at protecting the proper functioning of the Store, including safeguards against actions by Users who violate these Terms and Conditions or rules related to the operation of the Store.
4. The Seller reserves the right to anonymously publish content submitted by Users to the Store’s support team regarding matters related to the Store’s functioning (FAQ), advice provided, or other content that the Seller deems worth making public.
5. The Seller reserves the right to derive benefits from advertisements placed in the Store, to which the User consents by using the Store.
XII. INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights to the Store, in particular to its content, word or graphic marks, names, images, graphics, sound effects, information, functionalities, and services available in the Store, belong exclusively to the Seller or its partners who have provided specific materials to the Seller for use. Use of the Store under these Terms and Conditions in no way results in the User acquiring any part or all of the aforementioned intellectual property rights.
2. Without the Seller’s written consent, it is prohibited to copy, reproduce, or otherwise use in whole or in part the intellectual property rights to the Store mentioned above. This does not apply to the automatic temporary storage of files in the memory of a digital device, which results from normal use of the Store for purposes consistent with these Terms and Conditions, or cases of legally permitted use.
XIII. CHANGES TO THE TERMS AND CONDITIONS
1. Changes to the Terms and Conditions are possible only for a valid reason, in a manner that allows Users to get acquainted with in advance and either consent to the changes, opt out of further use of the Store’s services, or declare that they will continue using the Store under the existing terms.
2. The Seller publishes changes to the Terms and Conditions on the Store’s website. Information about the change will be made available no later than 14 days before the amended Terms and Conditions come into effect.
3. Changes to the Terms and Conditions do not affect orders placed before such changes take effect.
4. Introducing promotions, contests, and additional services by the Store does not require changes to these Terms and Conditions. The specific rules and conditions for such promotions, contests, and additional services will be defined each time in the annexes to these Terms and Conditions.
XIV. FINAL PROVISIONS
1. The content of the Terms and Conditions is made available to the User free of charge through the Store and may be recorded, in particular by printing, saving to a storage device, or downloading at any time from the Store’s website.
2. The invalidity of any provision of the Terms and Conditions, as determined by a competent court, does not affect the validity of the remaining provisions.
3. In all matters not regulated by these Terms and Conditions, the provisions of applicable Polish law shall apply, unless mandatory law in the User’s country provides otherwise.
4. All disputes arising from the operation of the Store and the provision of services within the Store shall be subject to the jurisdiction of common courts in Warsaw.
5. Users may direct any comments, suggestions, or questions to the appropriate addresses indicated in section I, point 4 of the Terms and Conditions.