TERMS AND CONDITIONS OF THE ANASTOM.AT ONLINE STORE
The anastom.at online store cares about consumer rights. A consumer cannot waive rights granted to them by the Consumer Rights Act. Provisions of contracts less favorable to the consumer than those of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under absolutely binding legal provisions, and any potential doubts shall be interpreted in favor of the consumer. In case of any discrepancy between the provisions of these Terms and Conditions and the aforementioned regulations, the latter shall prevail.
1. GENERAL PROVISIONS
1.1. The online store available at anastom.at is operated by UNIBUY GMBH SP. Z O.O., ul. Chmielna 2/31, 00-020 Warsaw, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register, KRS 0000521647, share capital PLN 5,000.00, NIP 5252597081, REGON 147469361, email address: kup@anastomat.pl, helpline: +48 737-488-443.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store (with the exception of point 9, which is addressed exclusively to entrepreneurs).
1.3. The Administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider. Data is processed for the purposes, scope, and based on the principles indicated in the Terms and Conditions and in the Privacy Policy. Providing data is voluntary. Every person whose data is processed by the Service Provider has the right to access their content and the right to update and correct it.
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.3. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.4. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.5. PRODUCT – a movable item (medical device) available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.6. TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
1.4.7. ONLINE STORE – the Service Provider’s store available at anastom.at, on the WooCommerce platform.
1.4.8. SELLER; SERVICE PROVIDER – UNIBUY GMBH SP. Z O.O., ul. Chmielna 2/31, 00-020 Warsaw, KRS 0000521647, share capital PLN 5,000.00, NIP 5252597081, REGON 147469361, email: kup@anastomat.pl, helpline: +48 737-488-443.
1.4.9. SALES AGREEMENT – a product sales agreement concluded or to be concluded between the Customer and the Seller via the Online Store.
1.4.10. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.11. SERVICE RECIPIENT – (1) a natural person with full legal capacity (…); (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who uses or intends to use the Electronic Service.
1.4.12. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.13. ORDER – a declaration of will by the Customer submitted via the Order Form, directly aiming to conclude a Sales Agreement for the Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The Online Store offers the Electronic Service: Order Form. The Store allows placing Orders without creating an account (guest checkout).
2.1.1. Order Form – usage begins when the Customer adds the first Product to the electronic shopping cart. An Order is placed after completing two steps: (1) filling out the Order Form and (2) clicking the “Order with obligation to pay” field. The Order Form requires providing the following data: first name and last name/company name, address, email address, phone number, and data regarding the Sales Agreement: Product(s), quantity, place and method of delivery, method of payment. For Customers who are not consumers, the company name and NIP number must also be provided.
2.1.2. The Electronic Service Order Form is provided free of charge, is one-time, and terminates upon placing an Order through it.
2.2. Technical requirements for using the Online Store: (1) a device with Internet access; (2) access to email; (3) an up-to-date web browser; (4) enabled cookie and JavaScript support.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, respecting personal rights, copyrights, and intellectual property rights of the Service Provider and third parties, to provide data consistent with the facts, and is prohibited from providing unlawful content.
2.4. Complaints related to the provision of Electronic Services can be submitted in writing to: UNIBUY GMBH SP. Z O.O., ul. Chmielna 2/31, 00-020 Warsaw, or electronically: kup@anastomat.pl. The Seller will respond to the complaint no later than 14 calendar days from the date of its submission.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. A Sales Agreement is concluded after the Customer has placed an Order using the Order Form in accordance with point 2.1.2.
3.2. Product prices displayed on the Online Store’s website are given in Polish Zloty (PLN), and in selected language versions of the Store – in Euro (EUR), and include taxes. The Customer is informed about the total price including taxes, delivery costs, and other costs during the order placement process, including at the moment of expressing willingness to be bound by the Sales Agreement.
3.3. After placing an Order, the Seller immediately confirms its receipt and accepts it for processing via email. The Sales Agreement is concluded upon the Customer receiving this message.
3.4. The content of the Sales Agreement is recorded, secured, and made available by providing the Terms and Conditions on the Store’s website and sending an email to the Customer.
3.5. Products offered in the Store are medical devices intended for use exclusively by qualified medical professionals and medical entities. By placing an Order, the Customer confirms that they are a medical professional or operate a medical entity and are authorized to purchase and use the given medical device. The Seller reserves the right to verify the Customer’s status and refuse to fulfill the Order if such authorization is lacking.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the following payment methods:
4.1.1. Payment by bank transfer to the Seller’s bank account:
— Recipient: UNIBUY GMBH Sp. z o.o.
— Bank: Erste Bank Polska S.A. with its registered office in Warsaw
— Account number (PLN): 70 1090 1043 0000 0001 6590 8585
— IBAN: PL70 1090 1043 0000 0001 6590 8585
4.1.2. Electronic payments and payment card (Visa, Mastercard) and BLIK via Przelewy24 and Stripe services.
4.2. The entities providing online payment services are Przelewy24 (PayPro S.A.).
4.3. Payment deadline: in the case of payment by bank transfer, electronically, or by card, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
5. COST, METHODS, AND DEADLINE FOR PRODUCT DELIVERY
5.1. Product delivery is available within the territory of the Republic of Poland and other member states of the European Union.
5.2. Product delivery to the Customer is free of charge, unless the Sales Agreement states otherwise. Any delivery costs (including international shipments) are indicated to the Customer during the order placement process.
5.3. The Seller offers the following delivery methods: courier shipment and personal pickup at the Warsaw Ursynów Logistics Center (near Chopin Airport), on Business Days from 08:00 to 16:00.
5.4. The Product delivery period to the Customer is up to 35 Business Days. The period begins – in the case of payment by bank transfer, electronic payment, or card – from the date the Seller’s account is credited.
6. PRODUCT COMPLAINTS
6.1. The basis and scope of the Seller’s liability towards the Customer (warranty) are determined by generally applicable legal provisions, in particular the Civil Code.
6.2. The Seller is obliged to deliver a Product to the Customer free from defects.
6.3. A complaint may be submitted in writing to: UNIBUY GMBH SP. Z O.O., ul. Chmielna 2/31, 00-020 Warsaw, or electronically: kup@anastomat.pl.
6.4. It is recommended to provide information and circumstances regarding the subject of the complaint, the Customer’s request, and contact details in the complaint description.
6.5. The Seller will respond to the complaint without delay, no later than 14 calendar days from the date of its submission.
7. OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION
7.1. Detailed information regarding out-of-court methods of complaint resolution and claims pursuit by consumers is available, among others, on the websites of the Office of Competition and Consumer Protection: uokik.gov.pl.
7.2. A Customer who is a consumer may, among other things, turn to a permanent amicable consumer court, to the provincial inspector of the Trade Inspection, or obtain free assistance from a district (municipal) consumer ombudsman.
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason. The declaration can be submitted in writing to: UNIBUY GMBH SP. Z O.O., ul. Chmielna 2/31, 00-020 Warsaw, or electronically: kup@anastomat.pl.
8.2. The period begins from the date the consumer takes possession of the Product.
8.3. The Seller is obliged to immediately, no later than within 14 days, return all payments made by the consumer.
8.4. The right of withdrawal does not apply to the consumer, among other things, in relation to a contract where the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package has been opened after delivery (applies to sterile medical devices), as well as a Product manufactured according to the consumer’s specifications or serving to satisfy their individualized needs.
8.5. The model withdrawal form is Appendix No. 1 to these Terms and Conditions. Using the form is voluntary. The right of withdrawal is subject to the limitations indicated in point 8.4 (e.g., opened, sterile medical devices).
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point applies exclusively to Customers and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion, without giving a reason.
9.3. The Seller may require full or partial prepayment.
9.4. At the moment the Product is handed over to the carrier, the benefits and burdens, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a consumer.
9.5. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty towards a Customer who is not a consumer is excluded.
9.6. The Seller’s liability towards a Customer who is not a consumer is limited to the amount of the price paid and delivery costs, not exceeding one thousand Polish Zloty.
9.7. Any disputes shall be submitted to the court competent for the Seller’s registered office.
10. PERSONAL DATA IN THE ONLINE STORE
10.1. The Administrator of personal data collected via the Online Store is the Seller.
10.2. Personal data is collected for the purpose of fulfilling the Sales Agreement or the Electronic Service agreement.
10.3. Possible data recipients: carrier/intermediary performing shipments and payment service providers (Przelewy24).
10.4. The Customer has the right to access the content of their data and correct it. A request can be submitted in writing to: UNIBUY GMBH SP. Z O.O., ul. Chmielna 2/31, 00-020 Warsaw, or electronically: kup@anastomat.pl. Details are specified in the Privacy Policy.
10.5. Providing personal data is voluntary, although necessary for concluding the agreement.
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are concluded in Polish.
11.2. The Service Provider reserves the right to amend the Terms and Conditions for important reasons (changes in legal provisions, payment and delivery methods) – to the extent that they affect the implementation of the provisions of the Terms and Conditions. The Service Recipient will be notified of changes in accordance with the provisions of the Civil Code.
11.3. In matters not regulated, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on rendering electronic services of July 18, 2002; the Act on consumer rights of May 30, 2014; and – in the scope of trading medical devices – relevant provisions of the Act on medical devices.
APPENDIX NO. 1 TO THE TERMS AND CONDITIONS – MODEL WITHDRAWAL FORM
(this form should be completed and sent only if you wish to withdraw from the agreement)
Recipient:
UNIBUY GMBH Sp. z o.o.
ul. Chmielna 2/31, 00-020 Warszawa
e-mail: kup@anastomat.pl
I/We (*) hereby inform/inform you (*) of my/our withdrawal from the sales agreement for the following items (*) / agreement for the delivery of the following items (*):
…………………………………………………………………………………………..
…………………………………………………………………………………………..
Date of agreement conclusion (*) / receipt (*): ……………………………………..
Name and surname / name of consumer(s): ……………………………………..
Address of consumer(s): ……………………………………..
Order number (if applicable): ……………………………………..
Account number for payment refund (optional): ……………………………………..
Signature of consumer(s) (only if the form is sent in paper version):
…………………………………………………………………………………………..
Date: ……………………………………..
(*) Delete as appropriate.
Note: in accordance with point 8.4 of the Terms and Conditions, the right of withdrawal does not apply, among other things, to products delivered in a sealed package which, after opening, cannot be returned for hygiene or health protection reasons (sterile medical devices).
