ESMEDIC Regulations
The determining rules for concluding sales contracts through the store, containing the most
important information about the Seller, the store and Consumer rights.
CONTENTS:
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
§ 12 Provisions regarding Buyers who are not Consumers
Annex No. 1: Sample contract withdrawal form
§ 1 DEFINITIONS
Working days – days from Monday to Friday, except public holidays.
Account – a free function of the Store regulated by separate regulations (service provided
electronically), thanks to which the Buyer can set up his or her individual Account in the
Store.
Consumer – Consumer within the meaning of the provisions of the Civil Code.
Buyer – any entity Buyer in the Store.
Regulations – these regulations.
Store – ESMEDIC online store run by the Seller at https://esmedic.pl.
Seller – NANO ONE GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its
registered office at al. Krakowska 165/B17, 05-552 Łazy, entered into the National Court
Register – Register of Entrepreneurs by the District Court for the Capital City of Warsaw.
WARSAW IN WARSAW, 14TH COMMERCIAL DEPARTMENT OF THE NATIONAL COURT
REGISTER, under KRS number 0000924421, NIP 7831843940, REGON number
520064629, share capital: PLN 5,000.00
§ 2 CONTACT WITH THE SELLER
1. Postal address: Al. Krakowska 165/B17, 05-552 Łazy, Poland
2. E-mail address: biuro@esmedic.pl
3. Phone: 797 003 069
4. Return address (in case of withdrawal from the contract):
Al. Krakowska 165/B17, 05-552 Łazy, Poland
5. Address for sending the complained goods:
Al. Krakowska 165/B17, 05-552 Łazy, Poland
§ 3 TECHNICAL REQUIREMENTS
1. For the proper functioning of the Store, you need:
– A device with Internet access
– A web browser that supports JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in section 1,
an active e-mail account and a contact telephone number are required.
§ 4 SHOPPING IN THE STORE
1. The products in the store are intended for use by professionals. By deciding to purchase,
the buyer declares that he or she is a doctor or cosmetologist trained in aesthetic medicine.
2. The prices of goods visible in the Store are the total prices for the goods, including VAT.
3. The total price of the order consists of the price for the goods indicated in the Store and,
if applicable, the costs of delivery of the goods.
4. The product selected for purchase should be added to the cart in the Store.
5. Then, the Buyer selects from those available in the Store: the method of delivery of the
goods and the payment method for the order, and provides the data necessary to complete
the order.
6. The order is placed when its content is confirmed and the Regulations are accepted by
the Buyer.
7. The sales contract between the Seller and the Customer is concluded when an e-mail is
generated by the Seller’s system confirming the order.
8. Placing an order is tantamount to concluding a sales contract between the Buyer and the
Seller.
9. The Seller will provide the Consumer with confirmation of the conclusion of the sales
contract on a durable medium at the latest at the time of delivery of the goods.
10. The buyer can make purchases in the store using a registered customer account or
without prior registration.
11. It is possible to temporarily suspend the operation of the Online Store for the purposes of
modernization, maintenance and development works.
12. The Online Store reserves the right to change the prices of goods in the Store, introduce
new ones for sale, conduct and cancel promotional campaigns, or make changes to them in
accordance with the provisions of the Civil Code and other applicable laws, and such
changes do not violate the rights of persons who concluded Sales Agreements for Products
offered by the Online Store before making the above-mentioned changes or rights of
persons authorized to use a given promotion, in accordance with its rules and during its
duration.
§ 5 PAYMENTS
1. You can pay for your order, depending on the Buyer’s choice
– By traditional transfer to the Seller’s bank account
Payment in PLN
mBANK PL68 1140 2004 0000 3102 8234 1937
– Via the payment platform:
PayU
Blue Media
– By cash on delivery
– Upon personal collection by card or cash
2. If the Buyer chooses payment in advance, the order must be paid within two business
days of placing the order.
3. The Seller informs that in the case of some payment methods, due to their specificity,
payment for the order using this method is only possible immediately after placing the order.
4. When making purchases in the Store, the Buyer accepts the use of electronic invoices by
the Seller. The buyer has the right to withdraw his acceptance.
5. The entity providing online payment services based on the link generated by the Seller is
Blue Media S.A.
§ 6 ORDER EXECUTION
1. The Seller is obliged to deliver the goods without defects.
2. Orders are shipped within 2 business days.
3. If the Buyer has chosen to pay for the order in advance, the Seller will begin processing
the order after it has been paid.
4. If, as part of one order, the Buyer purchased goods with different lead times, the order will
be completed on the date appropriate to the goods with the longest lead time.
5. The goods are delivered to the territory of the Republic of Poland.
6. Goods purchased in the Store are delivered depending on the delivery method
chosen by the Buyer:
– Shipping via a courier company (the Seller reserves that he is not responsible for
delivery delays caused by the courier company).
– Personal collection
7. Orders can be placed electronically 24 hours a day, all year round. Orders placed on
Saturdays, Sundays and holidays will be processed in the morning of the next business day.
8. If the execution of part of the Order is not possible, the Online Store may offer
the Customer:
a). Cancellation of the entire order (if the Customer selects this option, the Online
Store will be released from the obligation to complete the Order);
b). Cancellation of the Order in the part in which execution is not possible within the
specified period (if the Customer selects this option, the order will be partially
processed, and the Store will be released from the obligation to complete it in the
remaining scope);
c). Provision of a substitute service, which will be confirmed with the Customer.
An order based on a substitute service, after approval by the Customer, will be
treated as final;
d). Splitting the Order and setting a new completion date in relation to that part of the
Order that cannot be completed within the originally set deadline
(if the Customer selects this option, the Products constituting the Order will be sent
in several separate shipments, and the Customer will not incur additional costs).
e). If the ordered Product is not available in the Online Store or it is impossible to
complete the Customer’s Order for other reasons, the Online Store will inform
the Customer about this by sending information to the e-mail address provided
during registration or by phone within 3 days from the date of conclusion
of the Sales Agreement.
9. If payment for the subject of the Order, which could not be completed in whole or in part,
was made in advance, the Online Store will refund the paid amount (or the difference) to the
Customer within 14 (fourteen) days from the date of sending the information. In justified
cases, settlement between the Seller and the Customer may also be made through
payments made to the bank account of the Seller or the Customer, respectively.
10. If the Customer provides incorrect or inaccurate data, in particular an incorrect or
inaccurate address, the Store is not liable for non-delivery or delay in delivery of the subject
of the Order. In the event of an agreement between the Seller and the Customer, the Seller
will re-ship the Product.
11. We try to fulfill orders placed before 2:00 p.m. on the same day.
§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT
1. The Consumer has the right to withdraw from the contract concluded with the Seller via
the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline to withdraw from the contract expires after 14 days from:
a). In which the Consumer came into possession of the goods or in which
a third party other than the carrier and indicated by the Consumer came
into possession of the goods.
b). In which the Consumer came into possession of the last item or in which
a third party, other than the carrier and indicated by the Consumer,
came into possession of the last item in the case of a contract obliging
to transfer ownership of many items that are delivered separately.
3. In order for the Consumer to exercise the right to withdraw from the contract, he or she
must inform the Seller, using the data provided in § 2 of the Regulations, about his or her
decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter
sent by post or information sent by e-mail).
4. The consumer may use the sample withdrawal form at the end of the Regulations, but this
is not obligatory.
5. In order to meet the deadline for withdrawal from the contract, it is sufficient for
the Consumer to send information regarding the exercise of his right to withdraw
from the contract before the deadline for withdrawal from the contract expires.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT
6. In the event of withdrawal from the concluded contract, the Seller returns to the Consumer
all payments received from him, including the costs of delivering the goods (except for
additional costs resulting from the method of delivery chosen by the Consumer other than
the cheapest standard delivery method offered by the Seller), immediately, and in any case
no later than 14 days from the date on which the Seller was informed about the Consumer’s
decision to exercise the right to withdraw from the contract.
7. The Seller will refund the payment using the same payment methods that were used by
the Consumer in the original transaction, unless the Consumer agrees to a different solution,
and in any case the Consumer will not incur any fees in connection with this refund.
8. Payment for the goods is refunded after the shipment is returned and checked by
the Seller.
9. The seller asks to return the goods to the following address: al. Krakowska 165/B17,
05-552 Łazy immediately, and in any case no later than 14 days from the date on which the
Consumer informed the Seller about withdrawal from the sales contract. The deadline is met
if the Consumer returns the goods before the 14-day period expires.
10. The consumer bears the direct costs of returning the goods.
11. The consumer is only liable for any reduction in the value of the goods resulting from
using them in a manner other than what was necessary to establish the nature,
characteristics and functioning of the goods.
12. If the goods cannot be returned by regular post due to their nature, the consumer will
also have to bear the direct costs of returning the goods. The Consumer will be informed
about the estimated amount of these costs by the Seller in the description of the goods in the
Store or when placing the order.
§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT
1. The right to withdraw from a distance contract is not available to the Consumer
in relation to the contract:
a). In which the subject of the service is a non-prefabricated item, manufactured
according to the Consumer’s specifications or serving to meet his individual needs.
b). In which the subject of the service is an item that deteriorates quickly or
has a short shelf life
c). In which the subject of the service is an item delivered in a sealed package,
which cannot be returned after opening the package due to health protection
or hygiene reasons, if the package was opened after delivery.
d). In which the subject of the service are items which, after delivery,
due to their nature, are inseparably connected with other items.
e). In which the subject of the service are sound or visual recordings or computer
programs delivered in a sealed package, if the package was opened after delivery.
§ 9 COMPLAINTS
1. In the event of a missing or damaged shipment, the Buyer may report such a situation
within 7 days of receiving the order
2. In the event of a defect in the goods, the Buyer may complain about the defective goods
on the basis of the warranty or guarantee regulated in the Civil Code, provided that a
guarantee has been granted.
3. Using the warranty, the Buyer may, under the terms and within the deadlines specified
in the Civil Code:
– Submit a declaration of price reduction
– In the event of a significant defect – submit a declaration of withdrawal
from the contract
– Demand replacement of items free from defects
– Demand removal of the defect
4. The Seller asks to submit complaints under the warranty to the postal or electronic
address indicated in § 2 of the Regulations.
5. If it turns out that in order to consider the complaint, it is necessary to deliver
the complained goods to the Seller, the Buyer is obliged to deliver the goods, in the case of
the Consumer, at the Seller’s expense, to the address al. Krakowska 165/B17, 05-552 Łazy.
6. If an additional warranty has been granted for the goods, information about it and its
conditions is available in the product description in the Store.
7. Complaints regarding the operation of the Store should be sent to the e-mail address
indicated in § 2 of the Regulations.
8. The complaint will be considered by the Seller within 14 days.
9. In order to improve the processing of complaints, the Seller recommends that
the Consumer’s complaint should include the following information:
– name and surname or name of the Consumer or Entrepreneur
– Product name;
– date of purchase of the Product;
– order number;
– a detailed description of the Product defect;
– the moment of occurrence of the Product defect,
– contact details;
– photos or videos of the product with a visible batch number;
10. However, the requirements set out above are only recommendations and do not affect
the effectiveness of complaints submitted without the recommended description of the
complaint.
11. If it is necessary to assess the existence of a defect in the Product, simultaneously with
submitting the defect report, the complained Product should be delivered to the Seller’s
office at the correspondence address
12. The consumer will be informed by the Seller about how the complaint will be considered
within 14 days from the date of receipt of information about the complaint by the Seller.
The Consumer or Entrepreneur with Consumer Rights is informed about the consideration
of the complaint by e-mail, telephone or in writing.
§ 10 PERSONAL DATA
1. The administrator of personal data provided by the Buyer when using the Store is
the Seller.
2. The Buyer’s personal data are processed on the basis of the contract and for the purpose
of its implementation, in accordance with the principles set out in the General Regulation
of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed
information on data processing by the Seller can be found in the privacy policy posted
in the Store.
§ 11 RESERVATIONS
1. The Buyer is prohibited from providing illegal content.
2. The Store’s website does not constitute an offer within the meaning of the Civil Code,
but an invitation to submit offers. When ordering goods, the customer submits an offer to
conclude a contract. After placing the order, the Customer will immediately receive an
automatically generated message to the provided e-mail address confirming receipt of the
order by the Store. The sales contract is concluded when you receive an e-mail from the
store informing you that the order has been accepted for processing. This message is
tantamount to the Seller’s acceptance of the offer submitted by the Customer
3. Each receipt of an e-mail from the store confirming an order in the Store constitutes
a separate sales contract. The contract is concluded on time and in order to complete
the order.
4. Agreements concluded on the basis of these regulations are concluded in Polish.
5. None of the provisions of these regulations exclude or in any way limit the Consumer’s
rights arising from legal provisions.
§ 12 PROVISIONS APPLICABLE TO BUYERS WHO ARE NOT CONSUMERS
1. The right to withdraw from a distance contract does not apply to any entity other than
the Consumer.
2. Any liability of the Seller towards the Buyer who is not a Consumer is excluded.
3. In the event of a possible dispute with a Buyer who is not a Consumer, the competent
court will be the court having jurisdiction over the Seller’s registered office.
4. In matters not regulated by the regulations, the provisions of the Civil Code and relevant
acts of Polish law, as well as European Union law, in particular GDPR (Regulation (EU)
2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
of natural persons in connection with on the processing of personal data and on the free
movement of such data and repealing Directive 95/46/EC).
Annex No. 1 to the Regulations
Below is a sample withdrawal form that the Consumer may, but does not have to, use:
SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
NANO ONE GROUP LIMITED
al. Krakowska 165/B17, 05-552 Łazy
e-mail address: biuro@esmedic.pl
I ………………………………………… ……………………. hereby inform about my
withdrawal from the sales contract for the following items:
…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………..
– Date of receipt …………………………………………………………………………………..
– Name and surname of the Consumer(s)
………………………………………………………………………………………………………….
…………………………………………………………………………………………………………..
– Address of the Consumer(s)
…………………………………………………………………………………………………………
………………………………………………………………………………………………………….
………………………………………………………………………………………………………….
– Consumer(s) account number
………………………………………………………………………………………………………….
………………………………………………………………………………………………………….
Consumer’s signature
(only if the form is sent in paper version)
Date ………………………..