The Terms and Conditions define the general terms, conditions and method of sale conducted by Genetech sp. z o.o. based in Łódź, via the online store www.genetech.pl (hereinafter referred to as: "Genetech Store") and specifies the terms and conditions of the provision of electronic services by Genetech Sp. z o.o. based in Łódź.
§ 1 Definitions
Working days - days of the week from Monday to Friday, excluding public holidays.
Delivery - delivery of the Goods specified in the Order by Genetech Sp. z o.o., through the Supplier, to the Customer.
Supplier - an entity to whom Genetech Sp. z o.o. entrusts the Delivery of the Goods as part of its sale via an online store, including Poczta Polska S.A. with its seat in Warsaw, InPost Paczkomaty Sp. z o.o. based in Krakow or other courier companies professionally engaged in the transport of parcels.
Password - a string of letters, numbers or other characters individually specified by the Customer securing access to the Customer Account.
Customer - an entity for which, according to the Regulations, services may be provided electronically or with which a Sales Agreement may be concluded.
Consumer - a customer who is a natural person who performs a legal transaction not directly related to its business or professional activity.
Customer Account - functionality of the Genetech Store Website, launched for the Customer by Genetech Sp. z o.o., after the Customer has registered.
Login - individual customer identification, required together with the Password to place an order in Sklep Genetech Sp. z o.o. Login is the correct e-mail address of the Customer.
Entrepreneur - a natural person, legal person or organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
Terms and Conditions - these regulations of the Genetech Store.
Registration - the procedure specified in the Terms and Conditions, the completion of which is required for the Customer to use all the functionalities of the Genetech Store.
Genetech Sp. z o.o. - the company Genetech Sp. z o.o. with headquarters in Łódź, ul. Żurawia 7/9, 91-455 Łódź, Tax identification number 7262668145, REGON 368419202, entered into the register of entrepreneurs kept by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register under the number KRS 0000697524, o share capital PLN 5,000.00, fully contributed; e-mail address: email@example.com, being the owner of the Genetech Store.
Genetech Store website - websites under which Genetech Sp. z o.o. runs the Genetech Store, operating in the genetech.pl domain.
Goods - a product offered by Genetech Sp. z o.o. via the Genetech Online Store website.
Durable medium - a material or device enabling the Customer to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used, and which allows the stored information to be restored unchanged.
Digital content - data produced and delivered in digital form.
Sales contract - a sales contract concluded remotely, by electronic means, without the simultaneous physical presence of the parties and on the terms set out in the Regulations, between the Customer and Genetech Sp. z o.o.
§ 2 Introduction
As Genetech Sp. z o.o. we have all rights to the Genetech Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Genetech Store website, as well as to the patterns, forms and logos we use. They may only be used in a manner specified by us and in accordance with the Terms and Conditions.
Genetech Sp. z o.o. provides the Genetech Store as an ICT system, via the Internet and the Genetech Store website.
Genetech Sp. z o.o. reserves the right to place advertisements on the Genetech Store Website regarding the Goods offered, as well as goods and services of third parties.
The Genetech Store or the Genetech Online Store Website may not be used by Customers or third parties to send unwanted or unnecessary electronic messages (spam).
The use of the Genetech Online Store may only take place on the terms and to the extent indicated by us in the Terms and Conditions.
The Customer, using the Genetech Store, is not entitled to any interference with the digital content, structure, form, graphics, and the mechanism of its operation. It is forbidden for the Customer to provide illegal content and use by the Customer of the Genetech Store, the Genetech Online Store website or free services provided by Genetech.pl, in a manner that is against the law, decency, infringing the personal rights of third parties or Genetech Sp. z o.o.
The customer is entitled to use the websites of the Genetech Store only for his own use. It is not allowed to use the resources and functions of the Genetech Store Websites for the purpose of conducting commercial activities by the Customer or those that would infringe the interest of Genetech Sp. z o.o.
Using the Genetech Store means any activity of the Customer that leads to the Customer becoming familiar with the Digital Content contained on the Genetech Store Website, subject to the provisions of § 3 of the Terms and Conditions.
In order to place an Order in the Genetech Store and in order to use the services available on the Genetech Store websites, the Customer must have an active e-mail account.
As Genetech Sp. z o.o. We declare that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks (use up-to-date antivirus programs and protect the identity of users from the Internet).
Genetech Sp. z o.o. creates and implements safeguards against unauthorized use, reproduction or dissemination of the content contained on the Genetech Store website. In the case of application by Genetech Sp. z o.o. the above-mentioned security measures, the Customers undertake to refrain from any actions aimed at removing or circumventing such security or solutions.
§ 3 Registration at Online Store Genetech
In order to create a Customer Account, the Customer is obliged to make a free Registration, but Registration is not necessary for customers to place orders in the Genetech Store.In order to register, the Customer should complete the registration form provided by us on the Genetech Store Website and send the completed registration form electronically to Genetech Sp. z o.o. by selecting the appropriate function in the registration form.
During Registration, the Customer sets a Password.
When completing the registration form, the Customer should follow the following rules:
The customer should complete all fields of the registration form, unless the field is marked as an optional field;
The information entered into the registration form should relate to the client and be true;
By marking the appropriate field of the registration form, the customer should express the will to conclude a contract for the provision of electronic services for his benefit by Genetech Sp. z o.o. Customer Account management services, however, if the Customer fails to express the will to conclude a contract, it is impossible to register and set up a Customer Account.
Sending the completed registration form after submitting the consents required in the form is tantamount to:
- authorization of Genetech Sp. z o.o. to process the Customer's personal data contained in the registration form in order to provide the Customer Account service and consent to the transfer by Genetech Sp. z o.o. to the e-mail address provided by the Customer during Registration, information related to the technical support of the Customer Account.
After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address, the Registration confirmation by Genetech.pl.At this moment, the Customer gains access to the Customer Account and changes the data provided during Data Registration (except for the Login) and obtains the possibility of using other services offered by Genetech Sp. z o.o. via the Genetech Store Website.
The Customer is obliged to make every effort to maintain confidentiality and not to disclose the Password to third parties. The customer is obliged to immediately notify Genetech Sp. z o.o. about the loss of the Password to unauthorized persons. In such a situation, the Customer should immediately change the Password, using the functionality of the Customer Account.
§ 4 Orders, payment and order fulfilment
The information contained on the Store's Website constitutes an offer of Genetech Sp. z o.o.
The Customer may place orders in the Genetech Online Store 7 (seven) days a week and 24 (twenty four) hours a day via the Genetech Store website.
The customer places an order by selecting the goods he is interested in and its quantity on the Genetech Store Website, and then the "ADD TO CART" or "BUY NOW" command.
If you select the "ADD TO CART" command, after completing the entire order, select the "PLACE ORDER" command.
After selecting the "BUY NOW" or "PLACE AN ORDER" command, the order form will be launched, allowing you to determine the method of Delivery and payment.
Before shipping the order to Genetech Sp. z o.o. the total price of the selected Goods is given, the total cost of the chosen method of Delivery and any other possible costs related to the execution of the order. Placing an order is done by selecting the command "CONFIRMING THE ORDER WITH THE OBLIGATION TO PAY".
After placing the order, Genetech Sp. z o.o. sends the confirmation of placing the order by the Customer to the e-mail address provided by the Customer.
After the conclusion of the Sales Agreement, Genetech Sp. z o.o. confirms its terms to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address provided by the Customer during Registration or placing an order.
Genetech Sp. z o.o. reserves the right not to complete the order or its part in the absence of the ordered product, about which the Consumer will be notified by phone or e-mail.
§ 5 Payment and Delivery
Prices on the Genetech Store website for a given Good:
they are gross prices (including VAT) and are determined according to the Customer's choice (provided that the choice is available on the Genetech Store Website) in Polish zlotys or a foreign currency;
do not contain information on the cost of Delivery;
The final price binding the parties to the sales contract is the price of the Goods contained on the Genetech Store Website at the time the Customer places the order.
Information on the total value of the order is specified each time in the "CART", after the Customer selects the form of Delivery and specifies the form of payment.
The customer may choose the following forms of payment for the ordered goods:
cash on delivery, payment by the Supplier when making the Delivery (in this case, the execution of the order and its shipment will begin after Genetech Sp.z o.o. has sent the confirmation of the order to the Customer);
bank transfer via the external payment system PayU, operated by PayU S.A. based in Poznań (in this case, the implementation of the order will begin after Genetech Sp.z o.o. has sent the Customer confirmation of the order and after Genetech Sp.z o.o. has received information from the PayU system about the payment by the Customer);
bank transfer directly to the bank account of Genetech Sp. z o.o. (in this case, the execution of the order and its shipment will begin after the funds are credited to the Genetech Sp.z o.o. account).
The customer cannot pay for part of the order in advance and for part of the order upon delivery. The customer is informed each time about the date for making the payment for the order, taking into account the method of Delivery.
Genetech Sp. z o.o. publishes information about the date of the contract on the Genetech Store website.
The ordered Goods are delivered to the Customer via the Supplier selected by the Customer, to the address indicated in the order form. The supplier is selected when placing the order.
The Customer should examine the delivered parcel in time and in the manner adopted for parcels of a given type, in the presence of the Supplier's employee.
The Customer has the right to demand that the Supplier's employee draws up the appropriate protocol in the event of a loss or damage to the shipment.
The customer may collect the ordered goods in person. The collection can be made at the seat of Genetech Sp. z o.o. ul. Żurawia 7/9, 91-455 Łódź on the following days and hours: Monday - Friday from 09:00 to 16:00, after prior arrangement of the pickup by calling +48 42 280 70 25.
Genetech Sp. z o.o. attaches a receipt or a VAT invoice covering the delivered Goods.to the shipment being the subject of the Delivery.
In case of the absence of the Customer at the address indicated by him, provided when placing the order as the Delivery address, the Supplier's employee will leave a notification or make another attempt to deliver the Goods, in accordance with the regulations for delivering parcels to the selected Supplier. In the case of returning the ordered Goods to the Genetech Online Store, by the Supplier, Genetech Sp. z o.o. will contact the Customer by e-mail or by phone, re-establishing the date and cost of the Delivery with the Customer.
§ 6 Promotions
Genetech will announce, via the Genetech Store website, promotional campaigns in the scope of the possibility of reducing the costs of Delivery, in the event that Customers place Orders with a specific value.
If the Order placed by the Customer is for the amount related to a given promotional action in terms of reducing the costs of Delivery, referred to in paragraph 1 above, each delivery cost will be reduced by activating an automatic discount code.
The delivery price reduction applies only to Orders paid in Polish zlotys (PLN).
The activities referred to in paragraph 1. 1 - 3 above cannot be used in conjunction with any other promotion launched through the use of a code.
Genetech Sp. z o.o. will announce promotional campaigns via the website of the Genetech Store or on social media channels within a set period of time or while stocks last.
In the case of a promotion that is defined by the requirement to meet the required amount of the order, after returning the product from a given order, the promotion / gift is not valid and should be returned.
Genetech Sp. z o.o. is entitled to cancel or change the terms of the promotional campaign at any time, with the proviso that any change will not affect the rights of customers acquired before the date of cancellation or change of conditions.
§ 7 Liability and warranty
Genetech Sp. z o.o. is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs of Genetech Sp. z o.o. is liable only in the event of deliberate damage and within the limits of actual losses suffered by the Client who is an Entrepreneur.
Genetech Sp. z o.o. provides the Delivery of the Goods without physical and legal defects and is liable to the Customer if the Goods have a physical or legal defect (warranty).
If the Product has a defect, the Customer may:
submit a statement on price reduction or withdrawal from the Sales Agreement, unless Genetech Sp. z o.o. immediately and without undue inconvenience to the customer, it will replace the defective product with a non-defective one or remove the defect. However, this limitation does not apply if the Goods have already been replaced or repaired by Genetech Sp. z o.o. or Genetech Sp. z o.o. has not fulfilled the obligation to replace the Goods with goods free from defects or to remove defects. The customer may, instead of the one proposed by Genetech Sp. z o.o. remove the defect, demand replacement of the Product with a product free from defects, or demand removal of the defect instead of replacing the Product, unless it is impossible to bring the product into compliance with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by Genetech Sp. z o.o. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed. The costs of repair or replacement are borne by Genetech Sp. z o.o.
submit a declaration of price reduction or withdrawal from the Sales Agreement, unless Genetech Sp. z o.o. immediately and without undue inconvenience to the customer, it will replace the defective product with a non-defective one or remove the defect. Genetech Sp. z o.o. may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement. The costs of repair or replacement are borne by Genetech Sp. z o.o.
The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of Genetech Sp. z o.o. In the case of a Customer who is a Consumer, the cost of delivery is covered by Genetech Sp. z o.o.
Genetech is liable under the warranty if a physical defect is found within two years of the Goods being delivered to the Customer. The claim for removal of the defect or replacement of the Product with a Product free from defects expires after one year, but this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to a defect in the Goods. If the Customer requested replacement of the Product with a Product free from defects or removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or removing the defect.
§ 8 Complaints
Any complaints related to the Goods or the implementation of the Sales Agreement, the Customer may send in writing to the address of Genetech Sp. z o.o. Genetech Sp. z o.o. within 14 days from the date of the request containing the complaint, it will respond to the complaint of the Good or the complaint related to the implementation of the Sales Agreement submitted by the Customer. The Goods under complaint must be delivered or sent to the address of Genetech Sp. z o.o.
The customer may report Genetech Sp. z o.o. a complaint in connection with the use of free services provided electronically by Genetech Sp. z o.o. The complaint may be submitted in electronic form and sent to the electronic address of Genetech Sp. z o.o.
To submit a complaint, the Customer may use the complaint form available on the Genetech Store Website. In the complaint, the Customer should include a description of the problem. Genetech Sp. z o.o. immediately, but no later than within 14 days, consider complaints and provide the customer with a reply.
§ 9 Out-of-court methods of dealing with complaints and pursuing claims - ODR Platform
The consumer may use the platform of the online consumer dispute resolution system (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes).
The European ODR platform is to facilitate independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes online between consumers and entrepreneurs regarding contractual obligations arising from online sales contracts or contracts for the provision of services concluded between consumers living in the European Union and entrepreneurs based in European Union.
An electronic link to ODR platform: ec.europa.eu/consumers/odr
At the same time, we would like to remind you of the e-mail address of Genetech Sp. z o.o. to contact: firstname.lastname@example.org
The use of the available extrajudicial means of dealing with complaints and redress is possible after the completion of the complaint procedure and is voluntary - both parties must agree to the procedure. Genetech Sp. z o.o. consent to the use of out-of-court dispute resolution with Consumers.
§ 10 Withdrawal from the Sales Agreement and return of benefits
A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason. The period for withdrawing from the Sales Agreement starts from the moment the Customer takes possession of the Goods.
The Customer may withdraw from the Sales Agreement by submitting Genetech Sp. z o.o. declaration of withdrawal. The declaration may be submitted on the form, the specimen of which was posted by Genetech Sp. z o.o. on the Genetech Store website and attached to the message containing the order confirmation. To meet the deadline, it is enough to send a statement before its expiry.
Return and Complaints
In case of withdrawal from the Sales Agreement, it is considered void.
Genetech Sp. z o.o. will return to the Customer all payments made by him, including the cost of Delivery of the Goods within 14 days from the date of receipt of the Customer's declaration of withdrawal from the Sales Agreement. If the Goods covered by the contract are not sent together with the declaration of withdrawal from the Sales Agreement, Genetech Sp. z o.o. will withhold the reimbursement of payments received from the Customer until the Goods are returned and their intact condition (including packaging) is verified.
If the Customer exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest standard method of Delivery offered by Genetech Sp. z o.o., Genetech Sp. z o.o. is not obliged to reimburse the Customer for additional costs incurred by him.
The consumer is obliged to return Towar Genetech Sp. z o.o. or hand it over to a person authorized by Genetech Sp. z o.o. to be picked up immediately, but not later than 14 days from the date on which the Consumer withdraws from the Sales Agreement, unless the entrepreneur has offered to pick up the Goods himself. To meet the deadline, it is enough to return the items before its expiry.
The returned Goods should be delivered or sent to the address of Genetech Sp. z o.o.
The Customer is responsible for the decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature and completeness of the Goods.
The goods should be returned unchanged and in the original packaging. The return can be made, for example:
directly at the office of Genetech Sp. z o.o. on the following days of the week and hours: Monday - Friday from 09:00 to 16:00 or
via Poczta Polska S.A. or a courier company by sending the Goods to the address of Genetech sp z o.o. ul. Żurawia 7/9, 91-455 Łódź.
The right to withdraw from the Sales Agreement is not granted to the Customer who is a Consumer in relation to contracts in which the Goods are an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery.
Genetech Sp. z o.o. shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
§ 11 Services
Genetech Sp. z o.o. provides the following services free of charge to customers by electronic means: Maintaining a Customer Account; Newsletter The services indicated in paragraph 1 above are provided 24 hours a day, 7 days a week.
Genetech Sp. z o.o. reserves the right to choose and change the type, form, time and method of granting access to selected mentioned services, about which it will inform the Customers in a manner appropriate to the amendment of the Terms and Conditions.
The Customer Account Service is available after Registration, on the terms described in § 3 of the Terms and Conditions.
The Newsletter service can be used by any customer who activates the appropriate field in the registration form during registration and enters his e-mail address, using a dedicated form provided by Genetech Sp. z o.o. on the Genetech Store Website and agrees to use the service. After sending the completed, dedicated form, the Customer shall immediately receive, to the e-mail address provided in the dedicated form, confirmation of receipt of the completed form by Genetech Sp. z o.o., along with a redirection to the Genetech Store Website, by means of which the Customer is obliged to confirm the will to use the service. The condition for the commencement of the Newstletter service is the confirmation of the Customer's will to use the service.
The Newsletter service consists in sending by Genetech Sp. z o.o., to the e-mail address of Customers, electronic messages containing information about new products or services in the offer of Genetech Sp. z o.o. The newsletter is sent by Genetech Sp. z o.o. to all customers who have subscribed.
Each Newsletter addressed to customers includes, in particular: information about the sender; completed field "subject", specifying the content of the shipment and information on the possibility and method of unsubscribing from the free Newsletter service.
The customer may at any time resign from receiving the Newsletter by unsubscribing by sending an e-mail to the e-mail address email@example.com.
The Customer who has registered may delete the Customer Account on their own or submit such a request to Genetech Sp. z o.o., and in the event of a request to delete the Customer Account by Genetech Sp. z o.o., it may be removed up to 30 (thirty) days from the request.
Genetech Sp. z o.o. is entitled to block access to the Customer Account and free services in the event of the Customer acting to the detriment of Genetech Sp. z o.o. or other Customers, breach by the Customer of the law or the provisions of the Terms and Conditions, and also when blocking access to the Customer Account and free services is justified by security reasons - in particular: the Customer breaking the security of the Genetech Store Website or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. Genetech Sp. z o.o. notifies the Customer of the intention to block access to the Customer Account and free services 3 Business Days in advance by e-mail to the address provided by the Customer in the registration form.
§ 12 Final provisions and amendment to the Terms and Conditions
The Terms and Conditions are valid from the date of publication on the Genetech Online Store website and supersede the previously applicable regulations of the Genetech Online Store.
The content of these Terms and Conditions may be recorded by printing, saving on a carrier or downloading at any time from the Genetech Online Store.
Terms and Conditions may change. Each customer will be informed about the content of the changes to the Terms and Conditions by publishing by Genetech Sp. z o.o. on the home page of the Genetech Online Store, messages about the amendment to the Terms and Conditions, containing a list of changes to the Terms and Conditions and maintaining this information on the home page of the Genetech Online Store for a period of at least 10 consecutive working days, and Customers who have a Customer Account will be additionally notified by Genetech Sp. z o.o. by sending to the e-mail address indicated by them in the registration form, information containing a list of amendments to the Terms and Conditions.
The notification of the amendment to the Terms and Conditions in the manner specified above will take place no later than 7 business days before the introduction of the amended Terms and Conditions. If the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he is obliged to notify Genetech Sp. z o.o. within 7 days from the date of notification of the amendment to the Terms and Conditions. Lack of acceptance results in the termination of the contract for the provision of electronic services, subject to the preservation of all rights acquired by the parties.
All orders accepted by the Genetech Store for execution before the date of amendment to the Terms and Conditions are implemented on the basis of the Terms and Conditions in force on the date of placing the order by the Customer.
In case of a dispute arising from the concluded Sales Agreement, the parties will endeavour to resolve the matter amicably. Each customer may use out-of-court complaint and redress methods. In this regard, it is possible for the Client to use mediation. Lists of permanent mediators and existing mediation centres are submitted and made available by the Presidents of the relevant District Courts.
The Terms and Conditions apply from 25.02.2020.