Internet shop operating under the following addresses:

www.falconmedical.pl

www.falconmedical.com.pl

www.falconmedical.eu (English version)

is run by Falcon Medical Polska Sp. z o.o. located in Łódź, Rembielińskiego1/7, 93-575 Łódź, registered in the National Court Register kept by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Division, KRS number 0000036918, NIP: 7282324443, Regon: 472316619, registered capital: 5.000.000 zł (paid in total). Business address is also the correspondence address of the Seller.
Falcon Medical Polska Sp. z o.o. is the party which sells the products presented on the shop website (Seller).

§1. General conditions

1. The following entities can purchase products included in the Seller’s offer (Client / Buyer) :

a) natural person with full legal capacity,

b) legal person,

c) organizational entity without legal personality which was granted legal capacity by specific provisions,

which took note and accepted these Regulations and meets other conditions set out therein.

2. Technical requirements that determine the possibility of the proper use of the Shop are:

1. having an active e-mail address,
2. having a device that allows the operating system to run a web browser.

3. Product information given in the Internet shop, in particular their descriptions, specifications, pricing and availability is not an offer within the meaning of Article 66 of the Civil Code, but an invitation to enter into an agreement within the meaning of Article 71 of the Civil Code.

§2. Subject of the transaction

1. Subjects of transactions concluded by the Parties are the products (goods) included in the offer presented on the website of Internet shop at the time of ordering.

2. All products displayed on our website are:

1. brand new,
2. have the required certificates and manufacturer’s warranty,
3. are free from physical and legal defects,
4. were introduced on the Polish market under the law.

§3. Placing orders and their realization

1. Orders in the Internet shop can be placed through the order form on the website of the shop,

2. Seller allows customers to register via a form available on the website of the shop. After registration the user account is created for the Client which is secured by individual login and password.

3. Purchase contract is made by placing an order and its acceptance by the Seller.

4. Shop confirms the acceptance of an order and customer data by the Internet or by telephone within 3 (three) working days from the date of its receipt.

5. The order is realized within 3 (three) to 5 (five) working days after order confirmation. The time of the contract realization includes the execution of the contract by the Seller and the time of delivery by courier. Seller shall not be liable for failure to deliver the goods or delay in delivery caused by an incorrect or inaccurate address given by the customer.

6. Orders will be realized provided that the items are in stock or at the shop’s suppliers. In case of unavailability of the part of goods covered by the contract, the Client is informed of the order status and decides on the method of its realization (partial realization, longer waiting time, canceling of the total order).

7. At each stage of placing an order until it is sent, the Buyer may use technical means, available in the Internet shop, to correct errors and modify the contract, including indicating any delivery address.

8. In the case of sales promotions and clearance sales, a limited number of goods is designated for sale and orders are realized according to the order in which confirmed orders for these goods were received until stocks, covered by this form of selling, run out.

§4. Cost of delivery

1. Shop provides delivery to the Buyer at his expense. Delivery of goods is done via courier. Delivery costs are specified on the shop website.

2. Shipments are delivered on the territory of Poland only.

3. Orders of the value exceeding the amount of 250 zł (gross) are delivered at the expense of the Seller.

§5. Prices and forms of payment

1. All prices shown on the Seller’s website are given in Polish zloty (PLN) and include VAT.

2. Each purchase is confirmed by cash register receipt or on Client’s request VAT invoice which are the documents confirming the sale of goods. In order to issue VAT invoice Tax ID (NIP) field should be filled on the order form. Buyer who places order and selects VAT invoice authorizes the Seller to issue VAT invoices without his signature.

3. Seller permits the following forms of payment:

1. Cash on Delivery upon receipt of the goods,
2. the advance payment made to the bank account specified in the proforma invoice.

4. Goods remain the property of the Seller until full payment of the price is made.

5. The price of each product is valid from the time of placing an order by the Client. The price is binding for both the Customer and the Seller.

6. Seller reserves the right to change the prices of goods on offer, except as referred to in paragraph 3 above, to introduce new products to offer, to conduct and cancel promotions on the shop website, or make changes thereof.

§6. Warranty and complaints

1. All products offered in the shop run by Falcon Medical Polska Sp. z o.o. are brand new and free from material and legal defects and have been legally introduced on the Polish market.

2. The products have a warranty of the manufacturer, importer or dealer, valid on Polish territory. Each time the conditions of the guarantee are set out in the content of guarantee issued by the guarantor.

3. Upon receipt the customer must check carefully the package and received equipment, any damage caused during delivery should be immediately notified to the Seller. If damaged product is received a protocol of damage should be written in the presence of the courier (courier has necessary documents) and the Seller should be immediately notified of this fact, or the shipment should not be received.

4. Complaints are dealt with within 14 days from the date of receipt of claimed goods by the Seller.

5. In the case of a justified complaint, defective product will be repaired or replaced by another one of full value, and if it is no longer possible, the Seller will pay the buyer the equivalent of the price of goods and complaint shipping costs or offer other products available to choose from.

6. Complaint goods should be sent by courier or mail to the address: Falcon Medical Polska Sp. z o.o., ul. Rembielińskiego 1/7, 93-575 Łódź

§7. Termination of the contract

1. The Buyer, who is a consumer within the meaning of the Act of 30 May, 2014 on the consumer rights (Consumer) has the right to withdraw from the contract concluded at a distance within 14 (fourteen) days without giving any reason in accordance with the provisions of the said Act. Time limit to withdraw from the contract expires after fourteen (14) days from the date on which the Client took possession of the Product or from the date on which a third party other than the carrier and indicated by the client came into possession of the Product.

2. Client in order to exercise the above described right of withdrawal, must notify the Seller by sending a statement of withdrawal from the contract to the address: Falcon Medical Polska Sp. z o.o, Rembielińskiego 1/7, 93-575 Łódź, or an e-mail to: info@falconmedical.pl In the statement the consumer should indicate his name, address, statement of withdrawal, the date of contract, signature.
The Annex to the Regulations includes a form of withdrawal from the contract available for use. (Form)

3. Seller sends an e-mail to the Client confirming the receipt of the Client’s statement of withdrawal from the contract immediately upon receipt of such statement of withdrawal from the contract.

4. Return of goods takes place at the expense of the Consumer. Seller does not accept parcels sent COD.

5. In case the Consumer exercises the right to terminate the contract, the Consumer is obliged to return the goods within 14 days from the date on which he withdrew from the contract, in the condition in which he received them from the Seller along with the received parts, accessories, instruction manual. Goods should be secured to prevent damage during transport. The consumer is required to attach the original proof of purchase (receipt or VAT invoice) and a statement of withdrawal from the contract. The consumer is responsible for the reduction in the value of things as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.

6. Money for returned goods (payment for the goods and refund of the delivery cost) will be sent to the indicated bank account or transferred to a specified address, immediately upon receipt of the returned goods by the Seller and checking the technical condition of the returned product, but no later than within 3 working days from the date of delivery and not later than 14 days from the date of receipt of statement of withdrawal.

7. Return of the goods should be made by courier or mail to the address: Falcon Medical Polska Sp. z o.o, Rembielińskiego 1/7, 93-575 Łódź.

8. Seller, in the case of VAT invoice documenting the sale, after receipt and acceptance of the goods, shall issue a corrective invoice and shall send it to Client’s address. If on the invoice are included other goods that are not refunded, this will be specified in the corrective invoice.

9. The right of withdrawal from the contract shall not be entitled to the Client in respect of contracts:

a) in which the provided object is non-prefabricated, manufactured according to the specifications of the consumer or to meet Client’s individualized needs;

b) in which the provided object is perishable or having a short shelf life;
c) in which the provided object is delivered as a sealed package which after opening cannot be returned due to health protection or hygienic reasons if the packaging has been opened after delivery.

d) in which the provided objects are things that after delivery, due to their nature, are inextricably linked to other things.

§8. Privacy protection

1. By placing an order, the Buyer agrees consciously to processing and use of his personal data in order to perform the contract, as well as to support any claim, to facilitate future purchases. These data are not processed or used for any other purpose.

2. The personal data included in the database of Falcon Medical Polska Sp. z o.o. are processed exclusively for their needs, they are not and it will not be made available to others. These data are collected with due diligence and adequately protected against access by unauthorized persons, in accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 1997. No. 133, item 883). The customer has a right of access to his data, to correct and require the cessation of their use or deletion.

§9. Final provisions

1. Placing an order in our Internet shop, means that you accept the provisions of these Regulations valid on the date of placing an order and shall indicate Customer’s consent to receive commercial information within the meaning of the “Act on Electronic Services.”

2. Both the Client and Online Shop may terminate the contract for the provision of electronic services at any time and for any reason.

3. The client terminates the contract for the provision of electronic services by submitting a request to delete your account in the Online Shop.

4. Online Shop in order to terminate the contract for the provision of electronic services, shall inform the Client by an e-mail sent to e-mail address given during registration, within 14 days prior to the planned date of contract termination.

5. All information, pictures of products, producers logos are protected by copyright. Copying and distribution, commercial use or presentation without the consent of the owners is forbidden.

6. Any disputes arising from the implementation of the shop’s sales will be settled by a court of competent jurisdiction for the seat of the Seller. The above does not apply to disputes in which the Consumer is a party.

7. The Seller reserves the right to make changes in these Regulations.

8. Changes in the Regulations shall become effective upon publication on the shop website, unless another date is expressly reserved. Orders placed before the date of changes to these Regulations will be made on the basis of the provisions in force on the date of the order made by the Customer.

9. Date of publication of the Regulations ……………… 2015.

10. All information, pictures of products, producers logos are protected by copyright. Copying and distribution, commercial use or presentation without the consent of the owners is forbidden.

FORMOF WITHDRAWAL FROM THE CONTRACT

(This form must be completed and returned only if you wish to withdraw from the contract)