General Terms and Conditions of Sales Goods Online – Omron Healthcare Europe B.V (Polish version)
1. BASIS OF AGREEMENT
1.1. These General Terms and Conditions of Sale of Goods Online (“Conditions”) are applicable to all offers, orders, confirmations, invoices and agreements by virtue of which Seller undertakes to supply Goods and/or Services to Buyer after confirmation of Orders submitted by the Buyer through Seller’s Website. These Conditions also specify the rules and regulations for the supply of services by electronic means of communication.
1.2. In these Conditions, “Seller” means Omron Healthcare Europe B.V. and/or its affiliated entities; “Buyer” means the person whose order for Goods is accepted by Seller; “Goods” means the products and/or services that Seller sells on it’s Website from time to time; “Order” means Buyer’s offer to purchase Goods from the Seller; and “Website” means the websites located at www.omron-healthcare.pl or any subsequent URL which may replace them.
2. RULES AND REGULATIONS FOR THE SUPPLY OF SERVICES BY ELECTRONIC MEANS OF COMMUNICATION
2.1.While using the Website, the Buyer concludes with the Seller an agreement for providing free-of charge services of the possibility of using the Website (“Agreement for the services"). The Agreement for the services consisting in enabling the submission of Orders is concluded for a definite period and terminates when the Order is placed or the Buyer ceases to place the Order.
2.2. Seller is obliged to provide services in accordance with these Conditions as well as the legal provisions. In particular, Seller will not provide the Buyer with the unlawful content. Seller will make all efforts to ensure uninterrupted possibility to use The Website.
2.3. In order to use The Website (and the services by electronic means of communication) and be able to conclude sales agreements of Goods, it is necessary that the Buyer:
- has access to a computer or another similar device (for example smartphone or a tablet) with the connection to the Internet,
- enables cookies support,
- enables pop-ups,
- has an active e-mail account,
- read and accepted these Conditions,
2.4. As part of the use of The Website the Buyer has the right to:
- view the information on The Website and conclude sales agreement with the Seller.
2.5. Buyer undertakes to use The Website in compliance with these Conditions and in particular not to provide any unlawful or illegal content during the duration of the Agreement.
2.6. In order to file a complaint concerning the services by electronic means of communication provided by the Seller, the Buyer should contact the Seller at www.omron-healthcare.pl , providing the following data: name, date and nature of the incident, contact data. The Seller will respond to the compliant within 30 days upon its receipt. The response shall be delivered in paper or on the other durable medium.
2.7. The Agreement for the services may be terminated either by the Buyer or by the Seller.
2.8. Buyer may terminate the Agreement for the Services at any time by ceasing to use the Website or ceasing to place an Order. Seller may terminate the Agreement for the Services in case the Buyer breaches these Conditions.
3. ORDERING PROCESS
3.1. Buyer’s Orders on our Website constitute an offer from the Buyer to the Seller to buy the Goods in Buyer’s Order according to the article 66 of the Civil Code of 23 April 1964.
Orders shall only be binding if and when confirmed by Seller immediately, within 2 working days, after reception by providing confirmation of the acceptance of the offer. Acceptance of the offer will include all necessary elements of the order, i.e. subject of the order, full price of the order, the manner in which and the time by which the Seller is to supply the order and right to withdraw from the contract.
On the moment of confirmation of the offer by the Seller, a binding agreement (the “Agreement") to which these Conditions apply comes into existence. Afterwards the Seller shall send to Buyer the shipment confirmation or a notice that the Goods are ready for delivery.
3.2. In order to place an Order, Buyer must be 18 years of age or over and with a valid email address. Buyer shall add the Goods Buyer wishes to purchase to a shopping cart after which Buyer shall provide Seller with a preferred delivery method, a delivery address, Buyer’s billing address and payment information. Buyer shall read and accept these Conditions prior to submitting an Order and shall have the opportunity to review the Goods to be purchased and their prices (including any additional charges and fees such as delivery costs) and all the information submitted before the order needs to be submitted.
3.3. When processing an Order, Seller will confirm the availability of a Good, as the fact that the Goods are displayed on Seller’s Website does not constitute or imply a warranty that the Goods are available. In case a Good is unavailable Seller shall inform Buyer as soon as possible by email about this situation. Buyer shall have the option to wait until the Goods are available or to cancel the order. If Buyer cancels the order, Seller shall refund any sums that Buyer has paid to Seller.
3.4. Goods are sold only in quantities which correspond to the typical needs of an average household. This applies both to the number of Goods ordered within a single Order or by placing several Orders of the same Good, by the same Buyer or to the same delivery address. For this purpose, Seller reserves the right to refuse to accept an Order if it reasonably suspects that Buyer intends to resell the Goods.
Seller will refuse to accept any Order that will request to be deliver to a freight forwarding company or a P.O Box.
4. PRICE AND PAYMENT
4.1. All prices are displayed including VAT and exclusive of delivery charges. The total cost of Buyer’s order is the price of the Good ordered plus VAT at the current rate, plus the applicable delivery charges as set out during the checkout process.
4.2. The payment methods available are as displayed on the payment page of the Website, and payments shall be done in the currency indicated on the invoice.
4.3. By placing an order and clicking the “Pay Now" button, Buyer consents to payment being charged as provided on the Order form. Seller shall take payment from Buyer for the Goods when Buyer places an Order.
4.4. Information displayed on the Site as to pricing and availability is subject to change by Seller for future orders. This does not affect the orders made before any such change.
5.1. Delivery shall be made only in Poland in accordance with the delivery option selected by Buyer. If Buyer has asked to collect the Goods from a Pick-up point, the Goods may be collected at any time during time Seller will indicate for such purpose.
5.2. Goods shall be delivered within no more than 30 days after the day on which the Agreement has been entered into.
5.3. If Buyer is not at the delivery address when Goods are being delivered, where appropriate, a second attempt will be made to deliver the Goods. If delivery becomes unsuccessful, Goods will be returned to Seller, the Order will be cancelled, and Seller will refund the Buyer any sums that Buyer has paid to Seller.
5.4. Charges for delivery may vary depending on Buyer’s delivery address and shipping speed.
5.5. The Goods are considered delivered when Seller makes them available at the agreed delivery location.
6. PROPERTY AND RISKS
6.1. Title and risks of loss shall pass to Buyer upon delivery.
7.1. The Goods are subject to a manufacturer warranty, whereby subject to the conditions set out below, the Goods, at the time of delivery, will be free from i) defects in materials and workmanship and ii) liens and encumbrances. Such warranty shall apply for a 3-year period for medical devices within the meaning specified in the Act on 20 May 2010 on medical devices (consolidated text: Journal of Laws of 2019, item 175) and for a 2-year period for other devices as stipulated in the documentation provided with each product. The foregoing excludes spare parts, accessories and wear and tear parts, such as, but not limited to, cuffs, for which a 1-year warranty period applies.
Nothing in this Section 7 of the Conditions affects the Buyer’s rights arising out of the statutory implied warranty according to the Civil Code of 23 April 1964.
7.2. Where any valid claim in respect of the Goods is notified to the Seller in accordance with these Conditions Seller shall repair or replace the Goods or part(s) thereof. If none of the foregoing remedies are commercially viable options, Seller may opt to refund to Buyer the Price of the Goods non-conforming to the foregoing warranty.
7.3. Except as to the express warranties contained herein, Seller makes no conditions, warranties or representations, express or implied, in fact or in law, including but not limited to, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose title and non-infringement, all of which are expressly excluded to the fullest extent permissible by law.
7.4. Software provided by Seller is provided “as is” and Seller makes no conditions, warranties or representations of any kind with regard to the software, including without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement, all of which are, to the extent permissible by law, hereby expressly excluded. Further, Seller does not warrant results of use or that the software is bug free or that its use will be uninterrupted. The software is not warranted to be free from errors, nor is there any warranty of interoperability or compatibility with any other equipment or software.
7.5. If Seller provides software or hardware from third parties (parties other than Seller), none of the warranties contained herein shall apply. The conditions and warranties of these third parties will exclusively apply to such software or hardware and Seller is only obliged to provide information on these conditions or warranties when requested to do so.
7.6. Shall the foregoing limitations/disclaimers be determined invalid by any competent court or governmental authority, Buyer agrees that its remedy shall be limited to the purchase price of the Goods failing to conform to the warranty in this Section 7.
7.7. Buyer shall report, as soon as possible, to Seller, via the Support Service page on the Website, of any incident with the Goods such as any malfunction or deterioration in the characteristics or performance of a Good purchased from Seller, including use-error due to ergonomic features, as well as any inadequacy in the information supplied by the manufacturer and any undesirable side-effect.
8. RETURNS AND CANCELLATIONS
8.1. Buyer may cancel and return an Order for no reason within 14 days after the day on which the Goods come into the physical possession of Buyer or a person, other than the carrier, identified by Buyer to take possession of them. For this purpose Buyer shall notify Seller of Buyer’s decision to cancel and return an Order by contacting Seller using a complete cancellation form found on Seller’s website.
8.2. If Goods are sold as part of a product combination (bundle) or Value-pack in which other Goods are offered for free or at a discount price, Buyer shall return the bundle Good upon Seller’s request together with the Good purchased. Seller reserves the right to invoice the Buyer for the free or discounted bundle Goods if not returned.
8.3. Upon receiving notice of cancellation, Seller shall contact Buyer and provide details of where Goods must be returned and additional relevant instructions. Buyer must return the Goods to Seller without delay and at the latest within 14 days after receiving details of where Goods must be returned and additional relevant instructions.
8.4. The return of Goods shall be at Buyer’s own risk and cost unless Sellers offers to pay the cost of return. Seller’s payment of the cost of return shall not mean that Buyer will not remain responsible to take reasonable care of the Goods until they arrive safely to the Seller.
8.5. If the value of the Goods is reduced as a result of Buyer’s handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, Seller shall be entitled to claim this reduction in value from Buyer and to deduct it from any sum which Buyer has paid the Seller. Seller shall refund Buyer the balance of the price and any standard delivery costs paid to Seller after deducting any reduction in the value of the Goods and if applicable, any cost to Seller for collecting the Goods (the “Sum”).
8.6. Seller shall refund the Sum within 14 days after the day on which Seller receives notice of cancellation.
8.7. Seller shall refund the sum using the same payment method used by Buyer, unless Buyer agrees to a different method of payment.
9. PROPRIETARY RIGHTS
9.1. All copyright, patent, trade secret and other proprietary and intellectual property rights in the Goods, their packaging and all information which Seller may provide to Buyer shall at all times remain vested in Seller, and Buyer shall not acquire any intellectual property rights or licence relating to the Goods and may not copy or imitate the Goods.
10. LIMITATION OF LIABILITY
10.1. The Seller shall not be liable for actual loss and and/or loss of profits, unless it is caused by the Seller's wilful misconduct.
The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the Polish Product Liability Act (Ustawa z dnia 12 grudnia 2003 r. o ogólnym bezpieczeństwie produktów), liability regarding dangerous product under Polish Civil Code (Ustawa z dnia 23 kwietnia 1964 r. Kodeks Cywilny) and liability for culpably caused personal injuries.
10.2. The Seller will provide the Buyer together with Goods the instruction on how to use the Goods in proper way. However, information included in the instruction shall not be interpreted or relied upon as professional medical advice, or as advice on specific medical facts or matters. Seller cannot and does not assume any responsibility for any incorrect use of such information by the Buyer.
11.1. Seller reserves the right to change these Conditions at any time without prior notice. Such changes, however, will not apply to Orders submitted before the posting of the updated Conditions on the Website. Any updated Conditions will be posted on the Website in the same location as these Conditions.
11.2. Notices shall be given in writing and sent to a party’s address of facsimile or registered post and by airmail where appropriate. Each party shall promptly notify to the other in writing any change of address or facsimile numbers.
11.3. It is Buyer’s obligation to acquaint itself and to comply with all applicable requirements and restrictions imposed by governmental and other authorities or corporations relating to the possession, use, import, export or resale of the Goods.
11.4. Failure or delay by Seller or Buyer to exercise any of its rights shall not be a waiver of forfeiture of such rights.
11.5. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected.
12. APPLICABLE LAW AND COMPLAINTS RESOLUTION
12.1. These Conditions and any Agreement based on these Conditions shall be governed by and construed in accordance with the laws of Poland.
12.2. In case Buyer has a comment, complaint or concern about any Goods Buyer has purchased, Buyer may submit its complaint via the contact form on the Service Support pages on Seller’s Website.
12.3. Should Buyer have a complaint regarding an online purchase from Seller’s Website, Buyer may also do it via the European Online Dispute Resolution Platform: http:/ec.europa.eu/odr .
13. SELLER’S CONTACT DETAILS
13.1. Omron Europe Healthcare B.V.:
Registered office at: Scorpius 33, 2132LR, Hoofddorp, the Netherlands
Trade register of the Dutch Chamber of Commerce under number KvK34210306.
13.2. Omron Online Sales – Service Support: may be contact through the Service Support page on Seller’s Website.
13.3. These Conditions come into force on 05-11-2019.