Sale is provided for dental specialists and firms only.

Free shipment for orders over € 500,00 (Europe outside Poland) or € 45,00 (Poland)

Terms and conditions

ONLINE SHOP REGULATIONS FOR ENTREPRENEURS

SHOP.LBORTHODONTICS.COM

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE SHOP
  3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
  4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
  5. THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT
  6. PRODUCT COMPLAINTS
  7. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
  8. ADDITIONAL PROVISIONS
  9. FINAL PROVISIONS

 

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl. The Online Shop www.shop.lborthodontics.com takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and, in their place, apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.

1.      GENERAL PROVISIONS

1.1.          The Online Shop available at www.shop.lborthodontics.com is run by the company Orvi Chmielewscy Spółka Komandytowo-Akcyjna entered into the National Court Register under number 0000977628, having: the address of the business place Al. Najświętszej Maryi Panny 49/207, 42-217 Częstochowa, tax identification number: PL5732936092, national economy register (REGON) number 522413005, e-mail address: shop@lborthodontics.com, telephone number: +48690526526.

1.2.          This Online Shop and the Terms and Conditions and all the provisions contained therein are directed at and therefore binding exclusively on the Customer or Customer who is not a consumer, and from 1 January 2021 and for contracts concluded from that date onwards also on a natural person who concludes a contract directly related to his/her business activity, where the content of that contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity

1.3.          The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).

1.4.          Definitions:

BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.

ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.

CUSTOMER – (1) a natural person who is an entrepreneur, for whom the use of the On-line shop, including conclusion of Sales Agreements, is directly connected with his/her business activity and it has a professional character for this person (that is, not being a consumer, and from 1 January 2021 (i.e. not being a consumer, and from 1 January 2021 - for agreements concluded as of that date also not being a natural person concluding an agreement directly related to its business activity, when it results from the content of that agreement that it is not of a professional character for that person, resulting in particular from the subject of its business activity made available on the basis of the provisions on Central Register and Information on Business Activity); (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by the act - that has concluded or intends to conclude a Sales Agreement with the Seller.

CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).

ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which are collected the data provided by the Service Recipient and the information about Orders placed in the Online Shop.

NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.

PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.

REGULATIONS – these regulations of the Online Shop.

ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.SHOP.LBORTHODONTICS.COM

SELLER; SERVICE PROVIDER – Orvi Chmielewscy Spółka Komandytowo-Akcyjna entered into the National Court Register under number 0000977628, having: the address of the business place Al. Najświętszej Maryi Panny 49/207, 42-217 Częstochowa, tax identification number: PL5732936092, national economy register (REGON) number 522413005, e-mail address: shop@lborthodontics.com, telephone number: +48690526526.

SALES CONTRACT–  the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.

ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.

SERVICE RECIPIENT – (1) a natural person who is an entrepreneur, for whom the use of the On-line shop, including conclusion of Sales Agreements, is directly connected with his/her business activity and it has a professional character for this person (that is, not being a consumer, and from 1 January 2021 (i.e. not being a consumer, and from 1 January 2021 - for agreements concluded as of that date also not being a natural person concluding an agreement directly related to its business activity, when it results from the content of that agreement that it is not of a professional character for that person, resulting in particular from the subject of its business activity made available on the basis of the provisions on Central Register and Information on Business Activity); (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by the act - that has concluded or intends to conclude a Sales Agreement with the Seller.

ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.

2.      ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1.          The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

Account – The use of Account is possible after completing three following steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Create Account" field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the given address of electronic mail. In the Registration Form, it is necessary for the Service Recipient to provide the following data: company name, tax identification number, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password.

The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@lborthodontics.com or in writing to: Al. Najświętszej Maryi Panny 49/207, 42-217 Częstochowa.

2.1.2    Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Order Now " field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: company name, tax identification number, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment.  

2.1.1.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.

2.1.3. Newsletter - using the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the action field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - once the Account is created, the Service Recipient is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@lborthodontics.com or in writing to the following address: Al. Najświętszej Maryi Panny 49/207, 42-217 Częstochowa.

2.2.          Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.

2.3.          The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

2.4.          Complaint procedure with regard to the Electronic Services:

The complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the complaint procedure of the Product, which is indicated in items 6 and 7 of the Regulations) the Serwice Recipient may submit, for example:

in writing to the address: Al. Najświętszej Maryi Panny 49/207, 42-217 Częstochowa;

in electronic form via e-mail to the following address: shop@lborthodontics.com.

It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.

3.      CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1.          The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Regulations.

3.2.          The Product price shown on the Online Shop website is given in Polish zlotys (PLN) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.

3.3.          The procedure of concluding a Sales Contract in the Online Shop using the Order Form

The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with clause. 2.1.2 of the Regulations.

After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.

3.4.          The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in clause 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shpop.

4.      METHODS AND DATES OF PAYMENT FOR THE PRODUCT

4.1.          The Seller provides the Customer with the following methods of payment under the Sales Contract:

Payment by bank transfer to the Seller's bank account.

The electronic payments and credit card payments via Przelewy24.pl, Płatności Shoper or PayPal.com – all possible current payment methods are specified on the Online Shop website in the payment methods tab (http://shop.lborthodontics.com/en_US/i/Payment-forms/3) and on the websites: https://www.przelewy24.pl/, https://bluemedia.pl and https://www.paypal.com/pl.

 The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer's choice through the Przelewy24.pl or PayPal.com. The support for electronic payments and credit card payments is provided by:

Przelewy24.pl – PayPro S.A company with a registered office in Poznań (registration address: ul. Kanclerska 15, 60-327 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000347935, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number: 0000347935, TAX ID: 7792369887, REGON 301345068;

Płatności Shoper - BlueMedia S.A. company with a registered office in Sopot (registration address: ul. Powstańców Warszawy 6, 81-718 Sopot), entered into the Entrepreneurs Registry of the National Court Register under the number 0000320590 registry documents kept by the District Court of Gdańsk - Północ in Gdańsk, VIII Commercial Division of the National Court Register under KRS number: 0000320590, TAX ID: 5851351185, REGON 191781561.

PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.

4.2.          Payment deadline:

If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract.

5.      THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT

5.1.          The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract.

5.2.          The Seller provides the Customer with the following methods of delivery or collection of the Product:

Postal parcel.

Courier parcel.

Parcel delivery “paczkomaty”.

5.3.          The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different delivery deadlines, the delivery deadline is the longest given deadline, which, however, can not exceed 14 Business Days. The beginning of the delivery deadline of the Product to the Customer counts as follows:

If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the date of crediting the Seller's bank account or current account.
The Seller proceeds to the excution of the order after its payment / after the funds are credited to the Seller’s account.

6.      PRODUCT COMPLAINTS

6.1.          Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product to the Customer who is not a consumer shall be excluded.

6.2 All Goods available in the Store are covered by the manufacturer's warranty.

6.3 If, after receiving the Goods, the Customer notices technical defects or damage caused during delivery, they should send it by post to the address of the store: Orvi S.K.A., Al. Najświętszej Maryi Panny 49/207, 42-217 Częstochowa. The store does not accept any COD shipments. The costs associated with returning the advertised goods are returned by the Store immediately after receiving the package and considering the complaint. A VAT invoice must be attached to the returned goods.

6.4 Any complaints will be considered in accordance with the procedures used by manufacturers or suppliers of goods subject to complaint, but no later than within 30 days of their receipt, damaged goods will be replaced with another, full-fledged, and if this proves impossible (e.g. due to sold out all goods and their unavailability in the warehouse or from the Store's suppliers), the Store will return to the Customer the equivalent of the price of the goods or offer other goods available in the Store.

7.      RIGHT OF WITHDRAWAL

7.1.          The Customer and the Service Recipient have no right of withdrawal.

8.      ADDITIONAL PROVISIONS

8.1.          The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may be without giving any reason and does not give rise to any claims against the Seller on the part of the Customer.

8.2.          The Seller shall have the right to limit the available payment methods, including the requirement to make a full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.

8.3.          In case of the Customer's failure to collect the parcel, the Seller, regardless of other rights, has the right to charge the Customer with a contractual penalty of 150 PLN.  Reserving the contractual penalty does not exclude and does not limit the claim for additional compensation.

8.4.          The Service Provider may terminate an agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Customer.

8.5.          The liability of the Service Provider/Seller towards the Customer/Client, regardless of its legal basis, is limited - both for a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand PLN. The limitation of the amount referred to in the preceding sentence applies to all claims made by the Client/Customer against the Service Provider/Seller, including in the case of no Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller is liable to the Client/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The Seller shall also not be liable for any delay in delivery.

8.6.          Any disputes arising between the Seller / Service Provider and the Customer / Client will be submitted to the competent court for the seat of the Seller / Service Provider.

9.      FINAL PROVISIONS

9.1.          The contracts concluded via the Online Shop are concluded in English.

9.2.          Change of Regulations:

The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.

In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.

In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contracts.

9.3.          In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.

9.4.          These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.

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